Alberta ABST key terms

A person licensed under Alberta's Security Services and Investigators Act to protect people, property and information, who acts lawfully, observes and reports, and holds no greater legal authority than any other citizen.

Alberta legislation that regulates the security industry, requiring security guards, investigators and their employers to be licensed, and setting standards of conduct, training and discipline enforced by the provincial regulator.

The legal obligation to take reasonable steps to avoid foreseeable harm to people who could be affected by your actions or omissions, owed by security professionals to patrons, visitors and co-workers.

The obligation not to disclose information learned through work, such as incident details, client information or personal data, except where the law, safety or the employer's authorization requires it.

Law developed through judges' decisions over time rather than by legislation; it forms part of Canadian law and continues to guide courts where no statute governs the issue.

The principle that courts should follow earlier decisions on similar facts made by higher courts in the same hierarchy, which keeps the law consistent and predictable.

Written law passed by a legislature, such as the Criminal Code of Canada or an Alberta act; statutes take priority over common law and are interpreted by the courts.

The physical element of an offence: the prohibited act, omission or state of affairs that the Crown must prove, such as taking property or applying force.

The mental element of an offence, meaning the guilty intent, knowledge or recklessness that the Crown must normally prove along with the physical act.

The high standard of proof the Crown must meet in a criminal trial; it does not require absolute certainty but leaves the judge or jury with no reasonable doubt about guilt.

The civil standard of proof: it is more likely than not that a claim is true, used in lawsuits and internal investigations rather than in criminal prosecutions.

A less serious offence tried in provincial court without a jury, carrying lighter penalties such as a fine or a shorter jail term.

A more serious offence usually tried in a superior court, sometimes with a jury, and carrying heavier penalties including long terms of imprisonment.

An offence that may be prosecuted either summarily or by indictment, with the Crown choosing the procedure and therefore the maximum penalty; most Criminal Code offences are hybrid.

A civil wrong, such as negligence or false imprisonment, that causes harm to another person and may lead to a lawsuit for damages rather than a criminal charge.

A failure to meet the standard of care a reasonable person would exercise in similar circumstances, where that failure causes foreseeable harm; the basis of many civil claims against security providers.

Intentionally restricting a person's movement without lawful authority or consent, even without physical contact; a civil wrong and potential criminal offence that security staff must avoid.

Part of Canada's Constitution protecting rights such as freedom from arbitrary detention, security against unreasonable search, and the right on arrest to be told the reason and to consult counsel.

A belief based on facts and circumstances that would lead an ordinary, prudent person to conclude something is probably true; required for many arrests, detentions and searches.

Intentionally applying force to another person without consent, or attempting or threatening by act or gesture to apply force when the person reasonably believes it will happen.

Taking property from another person without colour of right and with intent to deprive the owner of it, whether temporarily or permanently, as defined in section 322 of the Criminal Code.

Theft accompanied by violence or threats of violence to a person, or committed with a weapon, used to obtain or retain property; a serious offence under section 343 of the Criminal Code.

Having knowledge and control of an item; it can be personal (on your body), constructive (in a place you control) or joint (shared with others), and all forms can support a criminal charge.

A person who actually commits an offence, or who aids, abets, counsels or conspires with another to commit it, and who is as guilty as the person who physically did the act.

Alberta law allowing an occupier or designated authorized person to require a person to leave premises, and making it an offence to enter without consent or refuse to leave when directed.

The limited power under section 494 of the Criminal Code for any person to arrest someone found committing an indictable offence, or for an owner, occupier or authorized person to arrest for a criminal offence on the property.

The lawful taking of a person into custody so they will answer for an alleged offence, requiring legal authority, informing the person of the reason, and prompt delivery to police.

Holding a person at a place, by physical or psychological means, so that they cannot leave; even a short detention engages Charter rights and must have a lawful basis.

The Charter right of a person arrested or detained to be informed promptly of the right to retain and instruct a lawyer without delay, and to be given a reasonable opportunity to do so.

Applying physical strength or equipment to control a person; under sections 25 and 26 of the Criminal Code it must be no more than reasonably necessary in the circumstances and never excessive.

The right to use reasonable force to prevent someone from entering, or to remove someone from, property you lawfully occupy or possess, provided the force used is proportionate.

Techniques using calm speech, tone, distance and body language to reduce a person's agitation so a situation can be resolved without force.

Deliberately paying full attention to a speaker, reflecting back what you heard and asking clarifying questions, so the person feels heard and information is accurate.

A written record of an event prepared by the person involved, describing what happened, who was involved and what actions were taken, in factual chronological form.

Recording only observable facts, words spoken and actions taken, without personal opinion, speculation, conclusions or emotional language.

Notes made at, or shortly after, an event recording times, names, observations and actions; they support memory and may be used to refresh testimony in court.

The documented, unbroken record of who handled an item of evidence and where and when it was kept, from seizure to court; also called chain of custody.

A statement made outside court by someone who is not testifying, offered to prove that what was said is true; generally inadmissible, though some exceptions apply.

Indirect evidence from which a fact may be inferred, such as a footprint or a person fleeing a scene, rather than direct observation of the act itself.

A documented set of procedures telling staff how to respond to fire, medical, security or other emergencies, including alarm signals, evacuation routes and designated muster points.