Arrest, Trespass and Search Powers Course 2026
This course is for security guards who need to understand the limits of their legal authority in Canada. It covers citizen's arrest under section 494 of the Criminal Code, what to do after an arrest, provincial trespass laws (with Ontario and Alberta as examples) and when searches are allowed.
快速解答
这门免费课程包含约10分钟的课文和一套25道题的测试。得分达到80%或以上即可下载结业证书(私人颁发,未经认证)。 已于2026年10月11日根据官方资料核对。
你将学到什么
- Explain where a guard's legal authority comes from
- Apply the three arrest powers in section 494 of the Criminal Code
- Carry out the duties that follow an arrest
- Compare trespass rules in two provinces
- Decide when a search is allowed and how to do it properly
得分达到80%或以上即可下载证书。
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第1题,共25题
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答案: D. Section 494 of the Criminal Code, which applies to any person
Guards are not peace officers. Their main arrest powers are the citizen's arrest powers in section 494 of the Criminal Code.
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第2题,共25题
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答案: D. an indictable offence
Section 494(1)(a) covers a person found committing an indictable offence.
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第3题,共25题
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答案: D. Section 494 requires that you find the person committing the offence yourself, with limited exceptions
Most of section 494 uses the words "finds committing". An arrest based on a rumour or second-hand report may be unlawful.
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第4题,共25题
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答案: C. is escaping from and freshly pursued by people with lawful authority to arrest them
This part covers a person who is escaping and being freshly pursued by people who have lawful authority to arrest them.
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第5题,共25题
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答案: D. The owner, a person in lawful possession, or a person they authorize, such as a guard
Section 494(2) gives this power to the owner or lawful possessor of property and to people they authorize, which is how many site guards act.
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第6题,共25题
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答案: D. When the person arresting believes on reasonable grounds it is not feasible for a peace officer to make the arrest
A delayed arrest is allowed only within a reasonable time and only if it is not feasible for police to make the arrest.
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第7题,共25题
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答案: A. It is deemed to be an indictable offence
Section 34(1)(a) deems an offence indictable when the law says it may be prosecuted by indictment. This matters because section 494(1)(a) refers to indictable offences.
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第8题,共25题
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答案: C. Tell the person the reason for the arrest
Everyone who arrests a person must give notice of the reason for the arrest, where it is feasible to do so.
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第9题,共25题
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答案: C. Verbally identify themselves as security
Alberta licensees must say they are security before an arrest and show their licence card afterwards if asked.
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第10题,共25题
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答案: B. Deliver the person to a peace officer forthwith
Section 494(3) requires anyone other than a peace officer to deliver the arrested person to a peace officer forthwith (right away).
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第11题,共25题
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答案: B. They are treated as authorized by law under section 25, so they may use as much force as necessary if acting on reasonable grounds
Section 494(4) links lawful citizen's arrests to section 25, which allows only as much force as necessary on reasonable grounds.
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第12题,共25题
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答案: A. They may face criminal charges, such as assault, and a civil lawsuit
An arrest without legal authority can be a crime and can lead to a lawsuit, for example for false imprisonment.
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第13题,共25题
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答案: A. Governments, not private persons or businesses
The Charter limits government action. Private guards are still bound by the Criminal Code, provincial laws and civil law.
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第14题,共25题
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答案: D. the offence of personating a peace officer
Section 130 makes it an offence to falsely claim to be a peace officer or to wear a badge or uniform likely to make people believe it.
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第15题,共25题
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答案: D. A police officer, the occupier, or a person the occupier authorizes
Section 9 gives this arrest power to police, the occupier and people authorized by the occupier, such as guards.
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第16题,共25题
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答案: C. Not leaving immediately after being directed to by the occupier or a person they authorize
Section 2 makes it an offence to enter where entry is prohibited, to do a prohibited activity, or to fail to leave immediately when directed.
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第17题,共25题
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答案: A. Deliver the person to a peace officer as soon as practicable
Section 5 lets an owner or authorized person apprehend a trespasser, but anyone who is not a peace officer must deliver the person to a peace officer as soon as practicable.
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第18题,共25题
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答案: A. At each entrance normally used to enter the premises
Signs at each entrance normally used give notice under the Act. Notice can also be given orally or in writing.
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第19题,共25题
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答案: C. $10,000
A first offence can bring a fine of up to $10,000, up to 6 months in jail, or both.
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第20题,共25题
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答案: A. Trespass laws are provincial, so the rules differ from province to province
Each province has its own trespass law, with its own notice rules, offences and fines.
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第21题,共25题
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答案: B. No; searches generally need consent or a lawful condition such as an entry rule, and must follow employer policy
Guards have no general search power. Consent, conditions of entry and narrow safety searches after an arrest are the usual bases, within policy.
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第22题,共25题
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答案: D. Refuse the person entry, but not force a search
A condition of entry lets you refuse entry to someone who does not agree. It does not give you power to search without consent.
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第23题,共25题
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答案: C. Step in to stop it and detain those involved to hand them to a peace officer, using no more force than reasonably necessary
Section 30 allows a person to interfere to prevent a breach of the peace continuing or being renewed, and to detain people to hand them to police.
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第24题,共25题
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答案: B. Ask permission first and have a witness present
A consent search starts with clear permission, uses a same-sex searcher where possible, has a witness, is systematic and is recorded.
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第25题,共25题
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答案: A. Let police handle it quickly by calling them right away and noting the request
Section 10 of the Charter (the right to a lawyer) applies to police, which is one more reason to call police right away. Note the request in your report.
键盘:按1–4作答,按 Enter 进入下一题。
考前须知
- Section 494 of the Criminal Code lets anyone arrest without a warrant a person found committing an indictable offence, and lets owners and people they authorize arrest a person found committing a criminal offence on or in relation to their property.
- Anyone other than a peace officer who arrests without a warrant must deliver the person to a peace officer forthwith (s. 494(3)).
- Everyone who makes an arrest must give notice of the reason for the arrest, where it is feasible to do so (s. 29(2)).
- In Ontario, police, the occupier or a person the occupier authorizes may arrest without a warrant a person on premises in breach of the Trespass to Property Act.
- Falsely claiming to be a peace officer, or wearing a badge or uniform likely to make people think you are one, is an offence under section 130 of the Criminal Code.
- The Charter of Rights and Freedoms applies to governments, not to private persons or businesses.
常见问题
Can a security guard arrest someone in Canada?
Yes, but usually only with the same powers as any person under section 494 of the Criminal Code, plus provincial trespass law. Guards are not peace officers, and employer policy may limit arrests further.
Can security guards search my bag?
Guards have no general power to search people. A search usually needs your consent, or is a condition of entry that you can decline by not entering. Some employers also allow a limited safety search for weapons after a lawful arrest.
What must a guard do after an arrest?
Call police and deliver the person to a peace officer right away, watch the person's well-being, and record what happened.
Are trespass laws the same in every province?
No. Trespass is mainly provincial law, so notice rules, offences and fines differ. Ontario and Alberta are used as examples in this course.
这份证书是否经过认证或获得官方认可?
不是。这是一份私人颁发的结业证书,仅用于知识学习。它未获得任何政府、执照发放机构、监管机构或教育机构的认可、认证或批准,也不能替代法律要求的任何执照、资格证书或培训。
资料来源
- Criminal Code, section 494 (arrest without warrant by any person)
- Criminal Code, section 29 (duty of person arresting)
- Criminal Code, section 30 (preventing breach of peace)
- Criminal Code, section 130 (personating peace officer)
- Interpretation Act, section 34 (indictable and summary conviction offences)
- Guide to the Canadian Charter of Rights and Freedoms (Canadian Heritage)
- Trespass to Property Act, R.S.O. 1990, c. T.21 (Ontario)
- Trespass to Premises Act, RSA 2000, c T-7 (Alberta)
- Protecting property owners (Alberta.ca)
- Security Programs Policy Manual (Government of Alberta)
- Rules for licensed security workers (Government of BC)