Trespasser Refusing to Leave Scenario (Ontario)

A store manager radios that they asked a customer to leave their store after the customer shouted at staff. The customer is now sitting at a table in the plaza's shared food court, talking loudly and upset. Other shoppers are looking over.

1. Walk over calmly, introduce yourself, listen for a moment, and explain that you work for the plaza.
   Why?

   Best practice. Good start. Calm communication, a steady tone and a respectful distance help prevent things from getting worse. The food court belongs to the plaza, not the store, so you are the one who acts for the occupier here.

2. Take the person by the arm and steer them toward the doors.
   Why?

   Unsafe or not allowed. No one has told this person to leave the plaza yet, so there is no trespass. Touching someone without lawful authority can lead to charges. Ontario's code of conduct also says guards must avoid using excessive force.

3. Stay back and phone police without speaking to the person.
   Why?

   Acceptable. Calling police is always an option if you feel unsafe. But the person has only been asked to leave one store. They have not been directed to leave the plaza yet, so police may not see a trespass.

Police say they will come but other calls come first. The person is still sitting in the food court, talking loudly.

1. Approach calmly, introduce yourself and explain that you work for the plaza.
   Why?

   Best practice. Good. Talking to the person may settle things before police are needed, and it lets you give a clear direction for the plaza if needed.

2. Keep watching from a distance, make notes and wait for police.
   Why?

   Acceptable. Watching and recording is safe. But nothing changes until someone speaks to the person, and other shoppers stay uneasy.

3. Ask nearby shoppers to help you walk the person out.
   Why?

   Unsafe or not allowed. Never ask members of the public to help remove someone. It puts them at risk and can turn a loud person into a fight.

The person says the store staff were rude and that they have every right to sit here. They are not threatening anyone, but they refuse to calm down.

1. Say clearly that, on behalf of the plaza, you are directing them to leave the property now, and show them the nearest exit.
   Why?

   Best practice. Correct. Under the Trespass to Property Act, a person commits an offence if they do not leave immediately after the occupier, or a person the occupier authorizes, directs them to leave. Notice can be given orally. Make the direction short and clear.

2. Hint that it might be better if they went somewhere else, without actually telling them to leave.
   Why?

   Acceptable. Being polite is good, but a hint is not a clear direction to leave. If the person stays, it is not clear that they were ever told to go.

3. Tell them that if they do not leave, you will post their photo at every store in the plaza.
   Why?

   Unsafe or not allowed. Threats are unprofessional and make things worse. Ontario's code of conduct says guards must avoid abusive language.

The person stands up, swears, and says, 'Make me.' They do not move toward the exit. They are louder now but have not touched anyone.

1. Keep a safe distance, stay calm, repeat the direction once, and call police for help.
   Why?

   Best practice. Good. The Act lets a person authorized by the occupier arrest someone who will not leave, but your post orders say to call police first. Waiting for police at a safe distance is the safer choice. If you ever do arrest under the Act, you must promptly call police and hand the person over to them.

2. Arrest them right away and use a neck hold when they pull away.
   Why?

   Unsafe or not allowed. The Criminal Code allows only as much force as is necessary. Force likely to cause death or grievous bodily harm is only justified to protect someone from that kind of harm. A neck hold on someone who is only swearing is far beyond that.

3. Walk away and let them stay, then write it in your notebook.
   Why?

   Acceptable. Stepping back avoids a fight, but the plaza's direction is not enforced and other shoppers may feel unsafe. Calling police would have helped.

While you wait for police, the person sits down again and says they will leave when police arrive. Shoppers are moving away from the table.

1. Watch from a safe distance, ask shoppers to give space, and write down the times, your direction to leave and what the person said.
   Why?

   Best practice. Well done. Keeping distance lowers tension, and accurate notes written at the time will help police and your report. Stick to the facts.

2. Stand right beside them and keep telling them they are breaking the law.
   Why?

   Acceptable. Your message is correct, but standing too close and repeating it can raise tension. Give space and let your direction stand.

3. Take their bag to the security desk so they will have to leave to get it.
   Why?

   Unsafe or not allowed. You have no power to take someone's property to make them leave. Ontario's code of conduct says guards must comply with all federal, provincial and municipal laws.

Two police officers arrive. The person is still sitting at the table and says they will not go.

1. Tell the officers what happened in order, including when you gave the direction to leave for the plaza, and let them take the lead.
   Why?

   Best practice. Correct. Police need clear facts: who directed the person to leave, on whose behalf, and when. Then let the officers decide how to deal with it.

2. Tell police only that the person was 'being difficult' and leave the details for your report.
   Why?

   Acceptable. Police need specific facts now, not general words. Without the details of your direction to leave, they may not be able to act.

3. Tell police the person threatened you, even though they did not, so they will be removed faster.
   Why?

   Unsafe or not allowed. Never give false information. Ontario's code of conduct requires guards to act with honesty and integrity.