Legal Authority
Legal authority questions ask not only what a guard may do, but where the power comes from and where it stops. Saskatchewan guards rely on the Criminal Code, The Trespass to Property Act, The Private Investigators and Security Guards Act, 2014, the Charter where the guard is acting as a state agent, human rights law and the contract with the property owner.
Sources of authority
- Criminal Code s.494 - citizen's arrest in limited circumstances.
- Criminal Code ss.25–27, 34–35 - reasonable use of force, self-defence and defence of property.
- Trespass to Property Act - the occupier or authorized agent may prohibit entry and direct a person to leave; refusal can lead to removal and police involvement.
- The Act and regulations - licensing, conduct, confidentiality and discipline.
- Post orders and contract - define your site duties; they never authorize an unlawful act.
- Other statutes and bylaws - for example, liquor licensing conditions or municipal property rules.
Limits you must know
A guard has no general power to demand identification. You may ask for ID where entry is conditional, such as a licensed event, where a statute requires it, or as part of a lawful arrest. There is no general power to search a person or bag. Consent must be voluntary, and a person can refuse and leave. Search incident to arrest is limited to officer safety and evidence related to the arrest. Detention must be brief, lawful and connected to an arrest or a specific legal authority; call police promptly. Charter s.10 rights to be informed of the reason and to counsel may apply if you are acting as a state agent.
Worked example
A Regina arena guard sees a spectator who was previously banned entering the concourse. The guard says, 'You are not permitted on this property. Please leave now.' The person refuses. The guard does not physically search him. He calls police, keeps distance, notes the person's description and waits for police. If the person becomes violent, the guard uses only reasonable force to protect himself and others.
Traps that cost marks
- Saying 'I can arrest for any offence' - s.494 is narrower.
- Detaining someone to investigate without an arrest or other authority.
- Searching a bag because a sign says 'bags subject to search' - the sign may allow denial of entry, not forced search.
- Using the Trespass Act as a criminal charge.
- Enforcing outside the property boundary.