Security guards in Canada have the authority to make a citizen’s arrest under Section 494 of the Criminal Code, but they must use only reasonable force. If a guard tackles, strikes, or injures a suspect unnecessarily, they can face federal assault charges, severe fines, and the permanent loss of their provincial security license.
Retail theft and property crimes are major issues in Canadian cities, from the busy shopping malls of Toronto to downtown business districts in Winnipeg and Calgary. To combat this, businesses heavily rely on private security guards and loss prevention officers (LPOs). While these professionals wear uniforms and carry handcuffs, they do not have the same sweeping legal powers as actual police officers. Their authority is strictly limited by federal law.
When a suspected shoplifter resists, the situation can escalate into a physical altercation in seconds. 🤻 If a security guard uses too much physical power to detain the suspect, the local police can—and frequently do—arrest the guard for assault. Facing a criminal charge for doing your job is incredibly stressful. Understanding your legal boundaries and securing a criminal defence lawyer from our directory is essential to protecting your freedom and your career.
Step-by-Step Process for Security Guards Facing Charges
In Canada, private security actions are governed by Section 494 of the Criminal Code (Citizen’s Arrest). If you cross the line, the legal consequences follow a very specific path.
Step 1: Understand Section 494 and Section 25
Under Section 494, a property owner or their authorized agent (you, the security guard) can arrest a person they find committing a criminal offence on the property. Section 25 allows you to use force to do this, but the force must be strictly proportional and reasonable. If you punch a suspect who is simply walking away, the Crown will likely deem that force excessive, leading to assault charges.
Step 2: Exercise Your Right to Silence
If police arrive at your mall or venue and begin questioning you about how a suspect got a black eye, stop talking. You have the right to remain silent. Security guards often make the mistake of over-explaining the situation to police, accidentally admitting to using a prohibited compliance strike. State that you made a lawful arrest and request to speak to your lawyer.
Step 3: Secure Video Evidence Immediately
Surveillance footage is the most critical piece of evidence in an excessive force case. 📹 As soon as possible, ensure that your employer preserves all CCTV footage of the incident. If you were wearing a body camera, that footage must be saved. Your defence lawyer will use this video to prove that the suspect was actively resisting and that your use of force was justified and necessary for self-defence.
Step 4: Review Your Employer’s Use of Force Policy
Your lawyer will need a copy of your security company’s official Use of Force model and standard operating procedures (SOPs). If your employer trained you to use a specific takedown method and you followed that training exactly, this can be a strong factor in your defence in provincial court.
Step 5: Attend Provincial Court Proceedings
Depending on the severity of the injuries, you may be charged with simple assault (often a summary conviction) or assault causing bodily harm (a serious indictable offence). You will attend a local provincial courthouse. A skilled defence lawyer can often negotiate with the Crown to have charges reduced or dropped, especially if you have no prior criminal record and the suspect was highly combative.
How Much Does it Cost in Canada?
Facing criminal charges as a private security worker can severely impact your finances, especially if your employer suspends you without pay during the investigation.
- Criminal Defence Lawyer: Retaining a lawyer for a basic assault charge generally costs $3,500 to $8,000 CAD. If it goes to a full trial, costs can reach $15,000+ CAD.
- Loss of Income: Most security companies will suspend your provincial security license immediately upon being criminally charged, cutting off your income entirely.
- Fines and Surcharges: If convicted of a summary assault, court fines typically range from $500 to $2,000 CAD, plus mandatory victim surcharges.
- Civil Lawsuit Costs: The injured suspect may also sue you personally in civil court, requiring separate legal defence fees.
| Charge Type | Maximum Penalty (Canada) | Impact on Security License |
|---|---|---|
| Simple Assault | Up to 5 years (if indictable) | Immediate Suspension |
| Assault Causing Bodily Harm | Up to 10 years prison | Likely Permanent Revocation |
| Unlawful Confinement | Up to 10 years prison | Permanent Revocation |
How Long Does the Process Take?
The criminal justice system moves slowly. From the night of the incident to a final trial or plea deal, the process usually takes 12 to 18 months in most Canadian provinces. Because your provincial security guard license (issued by provincial ministries, such as the Ministry of the Solicitor General in Ontario) is usually suspended during this time, you may be forced to find work in a completely different industry for over a year.
Frequently Asked Questions (FAQ)
Will my security company pay my legal fees?
Generally, no. Most private security firms view criminal charges as a breach of company policy and will distance themselves from you. Unless you are part of a very strong union with a specific legal defence fund, you are usually responsible for your own lawyer.
Am I allowed to use handcuffs during a citizen’s arrest?
Yes, Canadian law allows security guards to use handcuffs, but only if they are necessary to prevent escape or protect safety. If a suspect is compliant and you violently force them into handcuffs, it can be considered excessive force and lead to assault charges.
Can I be charged if the suspect hit me first?
Yes, you can still be charged if your reaction is completely disproportionate. If a suspect slaps your arm and you respond by striking them in the head with a baton, the Crown will likely argue your use of force went far beyond reasonable self-defence.
What is unlawful confinement?
If you detain someone without proper legal grounds under Section 494 (for example, arresting someone purely on a “hunch” without actually seeing them steal), you can be charged federally with unlawful confinement or kidnapping, even if no force was used.
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