Powers of Arrest, Detention and Use of Force
Arrest authority
Under the Criminal Code, a private citizen may arrest without warrant a person found committing an indictable offence, or a person the citizen believes on reasonable grounds has committed a criminal offence and is escaping from and freshly pursued by persons with lawful authority. A citizen may also arrest someone found committing a criminal offence in relation to property the citizen owns or has lawful control over, and must deliver the person to police without delay. The property-owner power is the one most relevant to guards.
Detention and force
Detention means a person is not free to leave; it is a significant legal step and should be brief, justified and ended by handing the person to police. Use of force must be reasonable and proportionate, limited to what is necessary to make the arrest or defend against a threat. Deadly force is not a guard tool. Handcuffs, holds and takedowns carry injury and liability risk; many employers restrict them to trained personnel.
Traps
Common errors: arresting for any offence (the citizen power is narrower than the police power); arresting on suspicion alone without reasonable grounds; searching a person incident to arrest beyond a safety pat-down; chasing a fleeing suspect into traffic; and continuing to hold someone after police arrive or after the basis for arrest disappears. Remember the duty to inform the person of the reason for arrest and the right to counsel, and to deliver to police without delay.
Rule of thumb
Arrest is a last resort to stop an offence in progress, prevent escape, or preserve safety. Ask: is there a criminal offence, reasonable grounds, lawful control of the property, and immediate police contact?
Worked example
A guard sees a shopper conceal merchandise and pass all tills. The guard identifies themselves, asks the person to stop, and if the person complies, calls police and holds the person only until they arrive. If the person runs, the guard does not tackle them; the guard notes direction, description and time.