Use of Force and Arrest
Use-of-force and arrest questions test the legal test, not toughness. Saskatchewan guards have the same citizen's arrest power as any member of the public, plus any authority the property owner has delegated. Every arrest and every hand laid on a person must be justified, proportionate and documented.
Arrest authority
Criminal Code s.494(1) lets anyone arrest a person found committing an indictable offence, or a person believed on reasonable grounds to have committed a criminal offence and to be escaping from fresh pursuit. Section 494(2) lets the owner or a person in lawful possession of property - or someone authorized by them - arrest a person found committing a criminal offence on or in relation to that property. Section 494(3) requires you to deliver the person to a peace officer forthwith. 'Finds committing' means immediate, not later from CCTV.
Force test
Section 25 justifies force that is reasonably necessary in the administration of law, with reasonable grounds. Section 26 makes excessive force a criminal offence. Sections 27, 34 and 35 cover preventing an offence, self-defence and defence of property. The accepted National Use of Force Framework moves from presence and dialogue to empty-hand control, intermediate weapons and lethal force; guards should use the lowest effective option and reassess. Handcuffs are not automatic: use only if trained, authorized by policy and justified by risk; check circulation and breathing and avoid prolonged prone restraint.
Worked example
A mall guard sees a man punch a shopper in the food court. The man is still on the property and has just committed a criminal offence. The guard calls 911, identifies himself, gives clear commands and, if the man tries to leave or continue, may arrest under s.494(2). He uses open-hand control only as needed, avoids the neck, places the man in a recovery position if restrained, and delivers him to police immediately. He completes a use-of-force report.
Traps that cost marks
- Arresting after the fact because you recognize someone on video.
- Using force to punish, teach a lesson or recover property.
- Handcuffing every detainee.
- Chokeholds or neck restraint.
- Not calling EMS after a struggle.
- Failing to document the force used.