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Ontario Security Guard Licence Exam Prep · Question

Under Section 494 of the Criminal Code, why is a security guard permitted to arrest someone for theft even if the value is under $5,000?

Section 494(1) of the Criminal Code allows a citizen (including a guard) to arrest someone they find committing an indictable offence. Theft under $5000 is a 'h

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Question: Under Section 494 of the Criminal Code, why is a security guard permitted to arrest someone for theft even if the value is under $5,000?

Answer options:

  • Theft is a provincial offence, not a criminal one.
  • Guards can only arrest for violent crimes, not property crimes.
  • Guards must wait for a warrant to be issued by a judge. ✅ Theft is a hybrid offence, which allows for a citizen's arrest when the person is 'found committing' the act.

Correct answer: Theft is a hybrid offence, which allows for a citizen's arrest when the person is 'found committing' the act.

Explanation: Section 494(1) of the Criminal Code allows a citizen (including a guard) to arrest someone they find committing an indictable offence. Theft under $5000 is a 'hybrid' offence, which the law treats as indictable for the purpose of arrest authorities.

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