Private security guards aren’t required to explain arrest reasons in Ontario—here’s why

Outline (quick skeleton)

• Set the scene: rights on the floor of a mall or office building, not in a courtroom.

• Clarify what the Canadian Charter actually does and who it binds.

• Distinguish between police powers and private security duties.

• Address the true/false question directly and explain why the statement is false.

• Translate the idea into real-world practice for security personnel.

• Close with practical takeaways and a note on language, safety, and fairness.

Rights on the ground: what the Charter covers and who it covers

Let me explain a basic, often-mumbled line of thinking: the Charter of Rights and Freedoms protects people from government overreach. It’s a powerful shield when you’re dealing with police, courts, or government agencies. But here’s the catch many learners miss: private security guards aren’t the government. They’re employees enforcing the rules of a business or property—think of a shopping center, university, or office complex. Their authority comes from their employer and, in most cases, from civil rights laws that govern detention and safety, not from the Charter in the way police power does.

That distinction matters. When we talk about “being informed of the reasons for arrest,” that phrase is deeply tied to police authority. The Charter requires police to tell you why you’re under arrest and to help you access legal counsel. It’s a protection built into public policing. Private security, while they can detain or hand someone over to the police, aren’t automatically bound by the same formalities. The moment a security officer steps into the shoes of a police officer, they’re in a different legal lane. And if you’re a student studying Ontario security work, this nuance is worth noting—because it shapes how you train, how you communicate, and how you document events on-site.

Private security vs police: two roles, two playbooks

Here’s the practical picture many people overlook: security guards often rely on the “detention” or “temporary hold” authority, not the full arrest powers police hold. In Canada, a private person can arrest someone without a warrant under certain circumstances, like if they witness a crime. But even then, the language around it is careful. The person making that arrest should inform the arrestee of the reasons and the fact that they’re under arrest, and they should connect with police quickly. The exact duties and rules can vary by province and by the employer’s policies.

What’s true and what isn’t in the statement you gave

True/False questions can trip people up, especially when a topic like rights is involved. The statement “Under the charter of rights and freedoms, a security guard is required to advise a person why they are under arrest if they speak English” is false. Here’s why:

• The Charter’s direct obligation to inform someone why they’re under arrest applies to police, not to private security guards.

• Security guards may detain someone and can involve police, but they don’t carry the same formal arrest duty the Charter describes for public authorities.

• Language doesn’t tip the scales here; the obligation isn’t triggered by the language spoken. It’s about who has the police-like authority to arrest and the accompanying legal framework.

A quick, practical takeaway: if you’re a security officer and someone asks, “Why am I being detained?” respond with calm, non-legal language and clear next steps: “You’re being detained on the premises for investigation; we’re contacting the authorities to proceed.” Then, if needed, call the police and document what you observed. You’re not promising a court hearing or a formal arrest; you’re describing a process on the ground and coordinating with public authorities.

From the floor: how this plays out in real life

Picture this: you’re a security officer at a shopping center. A person is suspected of shoplifting. What should you do, and what should you say? First, your priority is safety and lawful conduct. Keep your communication clear and non-confrontational. Avoid implying you’re a police officer or implying legal consequences beyond what is accurate in the moment. You should:

• Identify yourself and your role: “I’m the security officer on duty here.”

• Explain the on-site reason succinctly: “We’re conducting a brief on-site review of a potential incident; we’ll involve the authorities if needed.”

• Avoid making legal pronouncements or pretending to have police powers you don’t possess.

• Preserve evidence and document the incident as you go: time, date, involved parties, what was observed, what was said.

• If the person becomes combative or you sense danger, prioritize safety and call for police support.

If a suspect speaks only a language other than English, that’s where respectful communication becomes essential, not a weapon. Use plain language, consider translation help if available, and avoid overstepping your legal boundaries by offering legal interpretations or rights you don’t actually possess. In Canada, efforts to respect language preferences align with general civility and accessibility, but they don’t create extra arrest powers for security staff.

What about language and the “why” question?

Language is important for clarity, not for expanding authority. You might hear someone say, “Explain the reason for detention in my language.” A reasonable approach is to provide a straightforward explanation about the on-site process and to involve the appropriate authorities for any formal detention, investigation, or arrest. If they ask why, you can say, “On-site investigation is needed; police involvement may follow.” You’re not promising a court hearing or a formal arrest; you’re guiding the person through the next steps.

The training that makes this possible

Good security training isn’t about memorizing checkboxes; it’s about understanding the lines between private security duties and public policing powers. In Ontario, this training often covers:

• The rights of individuals on property and what constitutes false imprisonment or unlawful detention.

• The appropriate use of force and de-escalation techniques to keep everyone safe.

• The proper process for detaining, reporting, and handing over to police.

• How to document incidents clearly and accurately, so investigations can be fair and efficient.

• Cultural competence and language-friendly communication, so everyone feels respected, even under stress.

A few practical guidelines to carry on the floor

• Be clear about your identity and role. People deserve to know who they’re dealing with.

• Explain, in simple terms, what you’re doing and why, without making it sound like a legal verdict.

• Avoid suggesting you have powers you don’t have. If you’re unsure, pause and call for police or a supervisor.

• Keep hands visible, maintain a calm posture, and use non-threatening language.

• Document thoroughly: what happened, who was involved, any statements made, and the timeline.

• If the situation becomes dangerous, prioritize safety, and don’t hesitate to call for help.

Why this distinction matters for your career

If you’re aiming to work in Ontario, understanding this distinction isn’t just theoretical. It shapes how you train, how you interact with the public, and how you coordinate with law enforcement when incidents occur. It also helps you avoid common missteps that can lead to legal trouble for you or your employer. Think of it as building a sturdy foundation for responsible, ethical security work.

A gentle reminder about the bigger picture

Rights and safety aren’t mutually exclusive. You can protect patrons, staff, and property while respecting individuals’ dignity. The Charter guards civil liberties in the public sphere, but the private security world is built on a different framework—one that emphasizes safety, order, and lawful cooperation with police. When in doubt, slowing down, communicating clearly, and escalating appropriately is not a sign of weakness; it’s smart, professional practice.

Before we wrap: a few candid takeaways

• The statement about a security guard being required to tell someone why they’re under arrest, simply because they speak English, is not true. The Charter’s arrest-related protections apply to police, not to private security in most situations.

• Security staff can detain and may need to call police, but they don’t have the same arrest duties as public authorities.

• Clear communication, proper escalation, and solid documentation are your best tools on the floor.

• Language matters, but it doesn’t grant new legal powers. Be respectful, plain-spoken, and safe.

If you’re curious about the nuts and bolts of Ontario security work, think about the everyday situations you’ll encounter—crowded concourses, late-night shifts, and the occasional tense moment that requires a steady hand. The more you understand where your authority begins and where it ends, the better you’ll be at handling those moments with calm, competence, and care.

Closing thought: the right balance

Rights aren’t a hurdle to good operations; they’re a compass. They point security teams toward fair treatment, lawful actions, and better outcomes for everyone involved. And yes, there will be gray areas—moments when you must decide whether to contact the police, how to talk someone through a detainment, or how to de-escalate a tense exchange. In those moments, a clear understanding of the difference between police powers and private security duties helps you stay reliable, safe, and respected.

If you want to keep exploring these practical distinctions, you’ll find that the more you know about the boundary lines—where authority starts and ends—the easier it becomes to do the job with integrity. And that, more than anything, earns trust from the people you’re protecting and from the teams you work with.