BC Basic Security (BST) study materials
BC Basic Security (BST) study resources

BC Basic Security (BST): Legal Framework and Criminal Law

BC Basic Security (BST) · Work through your exam, one topic at a time.

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Legal Framework and Criminal Law

The division of power

Criminal law is federal: only Parliament can create criminal offences (Constitution Act, 1867, s.91(27)). Provinces create regulatory offences - licensing breaches, trespass, liquor, traffic, fire-code violations. Mixing the two is a classic exam trap.

Offence structure

Every offence needs actus reus (the prohibited act or omission) plus mens rea (the guilty mental state), committed by an identified person, at a stated time and place. Offences are summary conviction, indictable, or hybrid (the Crown elects the procedure).

Arrest powers you actually have

Criminal Code s.494: any person may arrest without warrant (a) someone who, on reasonable grounds, they believe has committed an indictable offence, or (b) someone found committing a criminal offence - any criminal offence, even a summary one. Section 494(2) lets an owner or lawful possessor arrest for a criminal offence committed on or in relation to the property. Under s.494(3) the arrested person must be delivered to a peace officer forthwith. Tell the person they are under arrest and why, use only necessary force, and do not delay to question them.

Force and self-defence

s.25 (acts authorized by law), s.26 (excessive force is itself criminal), s.27 (force to prevent an offence), s.34 (self-defence: reasonable belief of force or threat, defensive purpose, and a reasonable response), s.35 (defence of property). The Charter (ss.9, 10) governs state action; private guards are regulated primarily by the Code, the common law and their employer's policy.

Trap: treating 'reasonable suspicion' as enough where the Code requires belief of an indictable offence; arresting for a provincial offence or a policy breach; assuming guards 'lay charges' (the Crown decides); assuming an arrest includes a right to search.

Rule of thumb: grounds to arrest are not grounds to search - and the clock on 'forthwith' starts the moment the cuffs go on.