Alberta Basic Security Training (ABST) Practice Exam 2024

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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 Criminal Code of Canada is the correct answer because it is this statute that provides legal authority for anyone, including security guards, to make a citizen's arrest. Under Section 494 (2) of the Criminal Code, a property owner or a person authorized by the owner (such as a security guard) may arrest a person whom they find committing a criminal offence on or in relation to that property. In the case of a theft being observed, this section of the law would be applicable and allow the security guard to arrest the individual in question, thus making it the correct statute that grants the authority for this action. Other options, such as The Charter of Rights and Freedoms, The Liquor Control Act, and Section 9 of the Trespass to Property Act do not contain provisions that pertain to the powers of arrest of private citizens or security guards.

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