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While on duty a security guard notices a youth skateboarding on the property under protection. Upon approaching the youth and requesting that he stop skateboarding and leave, the youth swears and yells at the security guard refusing to leave. Under the Trespass to Private Property Act RSO 1990 the security guard can do what?

  1. Swear and yell back at the youth in response to the treatment received.

  2. Arrest the youth as he has just committed a verbal assault against the security guard.

  3. Immediately contact 911 and have the police arrest the skateboarder for committing a nuisance criminal offence

  4. Arrest the youth for failure to leave immediately when directed to do so.

The correct answer is: Arrest the youth for failure to leave immediately when directed to do so.

The correct option reflects the security guard's authority under the Trespass to Private Property Act. This legislation gives property owners, including those in security roles, the right to remove individuals who are trespassing. When the security guard requested that the youth stop skateboarding and leave the property and the youth refused, he was in violation of the direction given by the security guard. The power to arrest a trespasser lies with the guard when the individual does not comply with a lawful request to leave. This action helps maintain order and ensures that property rights are upheld. It's important to note that this authority should be exercised reasonably and in adherence to established protocols. The other options present actions that do not align with appropriate responses to this situation. Engaging in a verbal confrontation does not resolve the issue and could escalate tensions. Additionally, trying to have the police arrest the youth for a nuisance offense is unnecessary and goes beyond the immediate action the security guard can take. Filming or confronting the trespassing individual more aggressively would be outside the typical duties of a security guard and could potentially lead to complications.