Security guards can arrest someone they believe is committing theft under the Criminal Code of Canada.

Title: Why the Criminal Code Is the Guardrail for Security Arrests in Ontario

If you’ve ever wondered what gives a security guard the power to detain someone for theft, you’re not alone. It’s a line many people assume is simple, but in truth it rests on a specific set of laws that govern all of us, including private security personnel. Here’s the straightforward reality: the authority comes from the Criminal Code of Canada, not from a store policy or a Charter quote. The rest of this piece breaks down what that means in everyday work, the do’s and don’ts, and how guards stay on the right side of the law while keeping people safe.

A quick answer you can count on

• The Criminal Code of Canada is the law that empowers private citizens—guards included—to detain someone they believe is committing a crime, such as theft.

• This is commonly referred to as a citizen’s arrest. It’s not a free-for-all; it comes with strict boundaries designed to protect everyone involved.

• The Charter protects rights, but it does not grant arrest authority. The arrest power comes from the Criminal Code, with guardrails to prevent abuse.

The role of the Criminal Code and citizen’s arrest

Let me explain the core idea in plain terms. In Canada, any person can arrest another person without a warrant if they are believed to be committing an indictable offense, or if the offense is being committed in their presence. For security professionals, that translates into a practical duty: if you witness theft or another crime in progress, you may detain the suspect long enough to hand them over to police.

But here’s the important caveat: this authority isn’t a license to act impulsively. The law expects you to use reasonable judgment and proportional force. You’re allowed to detain only as long as necessary to prevent escape and to preserve evidence, then you must call police. If you’ve ever thought, “I can do this anytime I want,” that’s not right. The use of force must be reasonable and strictly tied to the situation. And, crucially, you should identify yourself as a security guard, explain what you’re doing, and report the incident to law enforcement promptly.

What this means in practice

Security work sits at an intersection of public safety, private property rules, and civil rights. The Criminal Code provides the backbone, but the real world is messier than a textbook. That’s why ongoing training matters—training that covers:

• Recognizing what constitutes “the crime in progress.”

• How to detain without escalating violence.

• How to communicate clearly with the suspect, witnesses, and police.

• How to preserve evidence so it holds up in court.

A few practical notes to keep in mind:

• Detention, not punishment. Your job is to hold the person until police arrive, not to decide guilt or administer punishment.

• Proportionality is key. If someone is small, non-violent, and non-threatening, the restraint you use should reflect that risk level.

• Documentation matters. A detailed account of what you saw, the actions you took, and the time stamps helps the authorities and protects everyone involved.

• No rummaging or searching. You should avoid intrusive searches or confiscating items beyond what’s necessary to secure the scene and preserve evidence.

• Keep the contact to a minimum until police arrive. More voices can complicate the situation or lead to misunderstandings.

A quick contrast to keep things clear

• Charter of Rights and Freedoms: It protects rights, but it doesn’t grant arrest authority. Your legal power to detain comes from the Criminal Code.

• Provincial acts (like trespass laws): They shape property access and enforcement on private property, but they don’t replace the national framework for arrest. They work in concert with the Criminal Code, not as a substitute.

• Law enforcement powers: Police officers have broader powers, including arrest with or without a warrant. Security guards act within a narrower, crisis-response framework.

Do’s and don’ts for security personnel

To keep this practical and safe, here’s a short guide you can picture in a real shift:

• Do act when you witness a crime in progress, but do not chase or confront beyond what’s safe.

• Do identify yourself as a security guard and explain that you’re detaining someone to wait for police.

• Do call for backup if the situation feels unpredictable or dangerous.

• Do document everything promptly after the event—what happened, who was involved, how you responded, and what the outcome was.

• Don’t use excessive force. If someone resists, prioritize your safety and the safety of others, and hand off to police as soon as possible.

• Don’t improvise searches or confiscations. Leave that to law enforcement and the courtroom process.

• Don’t assume guilt. The person is only detained until officers arrive and the matter is resolved in court.

Bringing Ontario into the frame

Ontario security work sits at a practical crossroads. Ontario property owners count on trained guards to deter theft, manage crowd flow, and keep emergency procedures top of mind. The legal framework helps guards act decisively without overstepping. Many organizations in Ontario supplement this with internal procedures—clear escalation paths, incident reporting templates, and access control protocols—to ensure consistency.

If you’re curious about the everyday tools of the trade, think of things like incident report software, body-worn cameras where allowed, two-way radios for rapid communication, and well-marked security channels for rapid escalation. These aren’t just gadgets; they’re part of a responsible approach to security that respects the law and the people involved.

Why this matters beyond the badge

Understanding the authority to detain for theft isn’t about law school exam trivia; it’s about doing the job well. It means you can act swiftly when danger is real, yet you do so with respect for the rights of others. It also means you’re less likely to find yourself in a legal tangle after the fact. When you know the boundaries, you can focus on prevention— spotting suspicious behavior, addressing it early, and maintaining a visible, reassuring presence that discourages theft in the first place.

A practical scenario to anchor the idea

Imagine you’re working at a busy mall. You notice someone stuffing items into a bag and heading toward the exit without paying. You approach calmly, identify yourself, and inform the person that you’re detaining them to wait for police. You keep a respectful distance, avoid touching them unless necessary for safety, and call security control to summon police. You document what you saw: time, location, items involved, and the exact actions you observed. When officers arrive, you provide a concise account and hand over any evidence you secured. The suspect is processed through the legal system, and the incident becomes part of the official record. This is the kind of clean, professional response the law expects—and the kind that protects everyone, including bystanders and the guards themselves.

A final thought: keep learning, stay grounded

No two shifts are identical, and that’s part of what makes security work compelling. Laws evolve, policies shift, and the human element—the fear, the tension, the relief—remains constant. For guards, staying current with the Criminal Code basics, practical arrest procedures, and the right way to manage evidence isn’t a box to tick. It’s a professional habit that pays off in safer spaces and more confident teams.

If you’re part of a security team in Ontario, you’re not alone in navigating these responsibilities. Training programs, internal guidelines, and peer discussion all contribute to a standard that protects people and property while respecting the law. The Criminal Code is the backbone in this work, supporting a responsible approach to detaining when theft is witnessed.

Where to go from here

• Review line-by-line what the Criminal Code says about arrest without a warrant and the concept of a citizen’s arrest.

• Talk with your supervisor about your agency’s procedures for detaining, reporting, and handing over to police.

• Practice scenarios in a controlled setting so you can react calmly and safely on real shifts.

• Keep your documentation sharp and consistent. A clear, factual incident report makes a big difference in how events are understood later.

If you ever feel unsure, step back and remember the guiding principle: your job is to deter and prevent crime while keeping everyone safe. The law provides the guardrails, and good training helps you stay on track. In Ontario, that balance—between action and restraint—is what makes security work both effective and responsible. And at the end of the day, that balance is what helps communities feel safer, every shift, every day.