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Ontario Security Guard Licence Exam Prep · Question

A security guard arrests a person for causing a disturbance. During the arrest, the guard fails to inform the person of their right to counsel. How might this affect the legal proceedings?

A failure to provide Charter rights, such as the right to counsel, can lead a court to rule that evidence gathered as a result of that breach (e.g., a confessio

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Question: A security guard arrests a person for causing a disturbance. During the arrest, the guard fails to inform the person of their right to counsel. How might this affect the legal proceedings?

Answer options:

  • It has no effect as a security guard is not a police officer.
  • The arrest will be automatically deemed unlawful. ✅ Any evidence obtained from the person after the Charter breach could be excluded in court.
  • The security guard will face criminal charges.

Correct answer: Any evidence obtained from the person after the Charter breach could be excluded in court.

Explanation: A failure to provide Charter rights, such as the right to counsel, can lead a court to rule that evidence gathered as a result of that breach (e.g., a confession) is inadmissible, weakening the case.

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