Module Two The Canadian Legal System and Security Professionals Alberta Basic Security Training Outcomes Upon completion of this module participants will be able to 1 Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to the work of a security p ID: 769412
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Module TwoThe Canadian Legal System and Security Professionals Alberta Basic Security Training
OutcomesUpon completion of this module, participants will beable to: 1. Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to the work of a security professional 2. Identify the legal authorities, rights, and limitations of an on-duty security professional 3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code 4. Identify the types of offenses in the Criminal Code of Canada and provide examples of each
Outcomes 5. Discuss and provide examples of the following:Use of force in the line of dutyProvisions for search and seizure in the performance of duties Legal powers of security professionals in situations of trespassing or vandalism Legal powers of security professionals in loss prevention and theft 6. Describe the consequences when a security professional exceeds his/her authority 7. Identify and explain additional legislation with respect to security professionals, including: Gaming and Liquor Act and Regulation Employment Standards Code and Regulation Petty Trespass Act
The Canadian Charter of Rights and FreedomsLife, liberty, and security of personSearch or seizureDetention or imprisonmentArrest or detention
The Canadian Charter of Rights and FreedomsProceedings in criminal and penal mattersTreatment or punishmentSelf-incrimination Interpreters
Arrest without warrantSection 494, Criminal CodeArrest without warrant by any person494. (1) Any one may arrest without warrant (a) a person whom he finds committing an indictable offence; or (b) a person who, on reasonable grounds, he believes (i) has committed a criminal offence, and (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest without warrantSection 494, Criminal CodeArrest by owner, etc., of property494. (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and (a ) they make the arrest at that time, or ( b ) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
Arrest without warrantSection 494, Criminal CodeDelivery to peace officer494. (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
Arrest without warrantSection 494, Criminal CodeDelivery to peace officer494. (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.
Video exercise
Arrest without warrantIdentify yourselfInform subject why he or she is being arrestedCheck for understandingRemove subject to a private place Subject is entitled to a phone call Subject is not obligated to say anything Call police
Search and SeizurePower to searchConsent
Trespass and VandalismWhat is Trespass?Powers to deal with trespassersVandalismTrespass to Premises Act
Classification of offencesSummary conviction offencesIndictable offencesHybrid offences
AssaultSection 265 CCAssault265. (1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
TheftSection 322(1) and 322(2) CCTheft322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security;
Theft (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.Time when theft completed (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.
Retail theftIn the case of retail theft (or shoplifting as it is often called), the offence of theft is not complete until the subject taking the property has passed any checkout or till area and has left the store.
Break and enterSection 348 CCBreaking and entering with intent, committing offence or breaking out348. (1) Every one who (a) breaks and enters a place with intent to commit an indictable offence therein; (b) breaks and enters a place and commits an indictable offence therein, or (c) breaks out of a place after (i) committing an indictable offence therein, or (ii) entering the place with intent to commit an indictable offence therein,
Break and enteris guilty (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.
Other common offences Possession of stolen property (Section 354 C.C.)Mischief (Section 430 C.C.)Mischief with respect to data
Video exercise
Use of force The most important rule about the use of force in your role as a security professional is to avoid it as much as possible. It cannot be stated often enough: as a security professional, you have no more or no fewer rights than any other citizen.
Use of forceSection 25 CCProtection of persons acting under authority25. (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law (a) as a private person, (b) as a peace officer or public officer, (c) in aid of a peace officer or public officer, or (d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
What is excessive force?Reasonable force vs. excessive force
Additional legislation Gaming and Liquor ActTrespass to Premises ActPetty Trespass Act
Employment Standards Code Minimum wageCompensation for overtimeConditions of employment Termination of employment
Conclusion Are there any questions?Complete the Module 2 Post-test in the Participant Manual