Under which section is a security guard legally authorized to arrest another person in Canada?

The legal authority for a security guard to arrest another person in Canada is found in Section 494 of the Criminal Code of Canada. This section outlines the circumstances under which a private citizen, which includes security personnel, can apprehend someone committing an indictable offence or who they find committing a criminal act.

Section 494 specifically states that any person may arrest without a warrant anyone they find committing a criminal offence, provided they are acting on reasonable grounds, and it further clarifies the rights associated with the use of force during such an arrest. This legal framework empowers security guards to act in situations where immediate intervention is necessary to prevent a crime or to detain a suspect until law enforcement can take over.

Other options, such as the sections of the Canadian Charter of Rights and Freedoms, pertain more to individual rights and freedoms rather than granting authority for arresting powers. The Charter is focused on protecting rights, while Section 35 of the Criminal Code pertains to specific legal defenses or situations involving Aboriginal peoples, rather than the general powers of arrest for private citizens. Therefore, Section 494 is indeed the correct reference in understanding the legal capability of security guards in performing arrests.