A security guard encounters an uninvited person sleeping on a park bench within private property that clearly displays 'No Trespassing' signs. The guard asks the person to leave, but they refuse. What lawful action can the guard take under trespassing principles?

Question: A security guard encounters an uninvited person sleeping on a park bench within private property that clearly displays 'No Trespassing' signs. The guard asks the person to leave, but they refuse. What lawful action can the guard take under trespassing principles?

Answer options: ✅ The guard can remove the person from the property using only the minimum force necessary, if they continue to refuse to leave after being asked.

• The guard can immediately search the person for identification and any contraband.
• The guard must call the police and wait for their arrival before taking any action.
• The guard can issue an on-the-spot fine for trespassing.

Correct answer: The guard can remove the person from the property using only the minimum force necessary, if they continue to refuse to leave after being asked.

Explanation: Under common law and provincial trespass acts, an occupier or their agent (like a security guard) can ask a trespasser to leave. If the trespasser refuses, the occupier or agent is generally entitled to use reasonable force to eject them, provided no more force than necessary is used. The Trespass to Property Act (or similar provincial legislation) defines this.