Citizen's arrest: a security guard's powers in Quebec

A citizen's arrest is the only power of arrest a security guard has in Quebec. A guard is not a police officer: a guard arrests someone on exactly the same footing as any other citizen, under section 494 of the Criminal Code. Here is what this power allows, what it does not allow, and the risks a guard faces by going beyond its limits.

This article is for information only and is not legal advice. For a specific situation, consult a lawyer or your agency's written directives.

Does a security guard have a power of arrest?

Yes, but no more than any other citizen. The licence issued by the Bureau de la sécurité privée (BSP), Quebec's private security regulator, authorizes you to work in the trade. It gives no police power. The BSP security guard licence does not make you a peace officer. Your power to arrest someone comes entirely from section 494 of the Criminal Code, which provides for two situations.

1. Anyone (s. 494(1))

Anyone may arrest without a warrant:

• a person they find committing an indictable offence
• a person who, they believe on reasonable grounds, has committed a criminal offence and is escaping from persons who have lawful authority to arrest that person (for example, police officers in pursuit).

2. The owner and the persons the owner authorizes (s. 494(2))

This is the provision that concerns guards most directly. The owner of property, the person in lawful possession of it, and the persons they authorize may arrest without a warrant someone they find committing a criminal offence on or in relation to that property. A guard posted in a store, a shopping centre or an office building usually acts in this capacity, as a person authorized by the client.

What is the "reasonable time" added to the Criminal Code?

Before the reform, the owner in practice had to arrest the person in the act. The law adopted in 2012 (S.C. 2012, c. 9) relaxed the rule: the arrest can also be made within a reasonable time after the offence, on one condition: the guard must believe on reasonable grounds that an arrest by a peace officer is not feasible in the circumstances.

In concrete terms, if a shoplifter identified on camera comes back the next day, the new rule may apply, but only if you cannot reasonably call the police instead. The Code does not define a specific length of time. It is a matter of judgment, which calls for caution.

What must the guard do after a citizen's arrest?

Section 494(3) is clear: anyone who is not a peace officer and arrests a person without a warrant must deliver the person forthwith to a peace officer. In practice:

• call the police immediately
• keep the person under watch in a safe place until the police arrive
• do not question the person to get a confession, or hold them to "settle this" with the manager
• write down the facts (time, grounds, witnesses, actions taken) in a written report.

A citizen's arrest is not a prolonged detention: the guard cannot keep someone for hours, or release them in exchange for a payment or a promise.

Can a security guard use force?

Yes, to a limited extent. Section 494(4) specifies that a person who lawfully arrests under section 494 is considered to be authorized by law for the purposes of section 25. That section protects a person who, acting on reasonable grounds, uses the force necessary to do what the law authorizes them to do.

Three important limits:

• Only the force that is necessary. Section 26 makes a person criminally responsible for using excessive force, even if they were authorized to use some.
• No deadly force for a simple arrest. Under section 25(3), force intended to cause death or grievous bodily harm can be justified only if the person believes on reasonable grounds that it is necessary to protect themselves or someone else from death or grievous bodily harm.
• The rules on flight are not aimed at private guards. The exception in section 25(4), which in certain cases allows more serious force against a person who is fleeing, is addressed to peace officers and those lawfully assisting them, not to a security guard acting alone.

Self-defence (s. 34) also remains open to the guard as it is to everyone, if force is used against the guard and the guard's response is reasonable in the circumstances.

Can a security guard search someone?

The Criminal Code gives the security guard no general power of search. Section 494 speaks of arrest, not of search. A search carried out without consent could be considered an assault and expose the guard to charges or to a civil lawsuit.

What is generally accepted:

• asking the person to open their bag themselves or to show an object, without forcing them to
• checking bags at the entrance to a place where this is a known condition of entry (show, event), with the person remaining free to refuse and not go in
• removing a dangerous object that threatens immediate safety, to the extent necessary to protect yourself.

If the person refuses, the guard waits for the police. It is the police who will decide whether to search, under their own powers.

Can a security guard use handcuffs?

No law forbids a security guard from handcuffing a person who has been lawfully arrested, but handcuffs are a form of force. They must therefore follow the same rules: they must be necessary (real risk of flight, violent behaviour) and proportionate. Handcuffing by reflex a calm person who is waiting for the police can be judged excessive.

Several agencies forbid handcuffs or require recognized training before a guard carries them. Always follow your employer's policy and the training you received. To find out about the courses offered, see our page on security guard training and the mandatory courses.

What a security guard is NOT allowed to do

• present themselves as a police officer or let people believe they are one
• arrest someone on a mere suspicion, without having seen them commit the offence (except the escape situation provided for in s. 494(1)(b))
• arrest a person for an offence committed off the property they protect, by relying on s. 494(2)
• search a person by force or without their consent
• hold a person without calling the police, or demand a payment to release them
• use excessive force, humiliate or intimidate.

Does the Charter apply to a security guard?

The Canadian Charter of Rights and Freedoms protects against unreasonable search (s. 8) and arbitrary detention (s. 9), and gives a person who is arrested the right to be informed of the reasons and to retain counsel without delay (s. 10). But under its section 32, it applies first to Parliament, the legislatures and the government.

The question of whether a private guard who makes a citizen's arrest must respect these rights the way a police officer does has no simple settled answer: the answer may depend on the circumstances. The careful course of conduct is therefore the same in every case: tell the person clearly why they are being arrested, do not question them, and let the police inform them of their right to counsel on arrival.

What risks does a guard take by going beyond their powers?

• Criminal: an unlawful arrest or excessive force can lead to charges (assault, forcible confinement).
• Civil: the person can sue the guard and the agency for damages.
• Licence: the BSP requires licence holders to behave in a way that preserves the trust their duties require. A breach can lead to a complaint and to sanctions on the licence.
• Employment: a dismissal is possible if the agency's policy was not followed, which can hurt your security guard job search afterward.

What does the Private Security Act provide?

The Private Security Act governs how the licence is obtained and kept, and its regulation sets standards of conduct for licence holders. Among other things, the BSP points to the obligation to behave in a way that preserves public trust and, where applicable, to use one's weapon with prudence and discernment. These rules do not create a power of arrest. They are added to the Criminal Code and can be invoked against a guard who abuses their position. If you are starting out in the trade, our guide to becoming a security guard in Quebec explains the steps to get the licence.

Frequently asked questions

What is a citizen's arrest?

In Quebec, a citizen's arrest is the arrest without a warrant that anyone who is not a police officer may make on the conditions set out in section 494 of the Criminal Code. It is the only power of arrest a security guard has. The arrested person must be delivered forthwith to a peace officer. The conditions of the section are detailed in the next question.

What does section 494 of the Criminal Code say?

Section 494 of the Criminal Code allows anyone to arrest without a warrant a person they find committing an indictable offence, or a person who, they believe on reasonable grounds, has committed a criminal offence and is escaping from persons who have lawful authority to arrest that person (subsection 1). Subsection 2 allows the owner of property, the person in lawful possession of it and the persons they authorize to arrest without a warrant someone they find committing a criminal offence on or in relation to that property, either at that time or within a reasonable time after the offence if they believe on reasonable grounds that an arrest by a peace officer is not feasible in the circumstances. Subsection 3 requires anyone who is not a peace officer to deliver the arrested person forthwith to a peace officer. In Quebec, a security guard's entire power of arrest rests on this section, and the force used must be limited to the force that is necessary (sections 25 and 26).

Can a security guard arrest someone in a store's parking lot?

Yes, if the parking lot is part of the property the client entrusted to the guard and the criminal offence was committed there or in relation to it. Off that property, the guard goes back to being an ordinary citizen subject to s. 494(1).

How long can a guard hold a person?

The time needed to hand them over to the police. The law requires that the person be delivered "forthwith" to a peace officer.

Can you refuse to open your bag for a security guard?

Yes. Without consent, the guard cannot search. The guard can, however, refuse access to a place where the check is a condition of entry, or call the police if there are grounds for arrest.

Does the guard have to read the arrested person their rights?

This is not clearly established for a private guard. It is prudent to state the reason for the arrest, not to question the person and to let the police inform them of their rights.

Sources

• Criminal Code, s. 494 (Justice Canada)
• Criminal Code, s. 25 (Justice Canada)
• Criminal Code, s. 26 (Justice Canada)
• Criminal Code, s. 34 (Justice Canada)
• Canadian Charter of Rights and Freedoms, ss. 8, 9, 10 and 32 (Justice Canada)
• Frequently asked questions, Bureau de la sécurité privée