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Ontario Security Guard Licence Exam Prep · Question

You are a security guard for a large shopping mall. The owner tells you an individual was caught shoplifting yesterday and is now back at the mall. Can you arrest this person?

For a citizen's arrest under the Criminal Code, you must 'find the person committing' the offence. Since the theft happened yesterday and you did not witness it

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Question: You are a security guard for a large shopping mall. The owner tells you an individual was caught shoplifting yesterday and is now back at the mall. Can you arrest this person?

Answer options:

  • Yes, because they committed an indictable offence on the property.
  • Yes, under the Trespass to Property Act for re-entering. ✅ No, because you did not 'find them committing' the theft.
  • No, unless the owner confirms their identity first.

Correct answer: No, because you did not 'find them committing' the theft.

Explanation: For a citizen's arrest under the Criminal Code, you must 'find the person committing' the offence. Since the theft happened yesterday and you did not witness it, you do not have the grounds for a criminal arrest.

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