An individual detained by a security guard requests to call their lawyer. What is the security guard's legal obligation under the Canadian Charter of Rights and Freedoms regarding this request?

Question: An individual detained by a security guard requests to call their lawyer. What is the security guard's legal obligation under the Canadian Charter of Rights and Freedoms regarding this request?

Answer options: ✅ The guard must facilitate the detainee's right to contact legal counsel without delay and must not question the detainee further until this right has been exercised or waived.

• The guard only needs to facilitate contact with a lawyer if the detainee is facing a serious indictable offence.
• The guard can delay access to legal counsel until police arrive and take over the investigation.
• The guard is not obligated to provide access to a lawyer, as they are not a police officer.

Correct answer: The guard must facilitate the detainee's right to contact legal counsel without delay and must not question the detainee further until this right has been exercised or waived.

Explanation: The right to retain and instruct counsel without delay (Section 10(b) of the Charter) applies to any person who is arrested or detained, regardless of who effects the detention. Security guards, though not police, must respect this right once a detention occurs.