OSH Security Practice Test

When a security guard makes an arrest for theft what federal law gives them the authority to make this arrest

1. The Charter of Rights and Freedoms

2. The Liquor Control Act

3. The Criminal Code of Canada

4. Section 9 of the Trespass to Property Act

The correct answer is: The Criminal Code of Canada

The correct answer is rooted in the legal framework surrounding criminal offenses in Canada. The Criminal Code of Canada outlines various offenses, including theft, and provides a specific legal basis for the powers of citizens, including security guards, to make arrests for such offenses. When a security guard witnesses a theft, they are authorized to act under the provisions of the Criminal Code, which allows for the apprehension of individuals committing crimes. This legal authority is fundamental for maintaining public order and safety, particularly in situations where immediate action is necessary to prevent the loss of property or to stop a crime in progress. The other options do not specifically grant arrest powers for theft or do not pertain to criminal law in a way that empowers security personnel to make arrests related to criminal activity. The Charter of Rights and Freedoms focuses on protecting individuals' rights and freedoms, while the Liquor Control Act addresses issues relating to the sale and consumption of alcohol. The Trespass to Property Act mainly provides a framework for dealing with trespassers on property but does not extend the authority to arrest for theft. Thus, the Criminal Code stands out as the relevant legislation empowering security guards to take action in such circumstances.