Canadian law allows for any Canadian to make a citizen’s arrest — though the government recommends people call police instead of taking action themself.
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Videos posted on social media show the teenage girl being forcibly restrained, her hands twisted behind her back and zip tied, and her feet held down by security guards from Paladin Security, a private security company.
The guards had initially accused her of shoplifting from Victoria’s Secret but when she agreed to let them search her and her bag, nothing was found, her family said. Guards arrested her shortly after.
Indigenous leaders called for a formal apology, an independent investigation and accused the private security company of racially profiling Indigenous people. The RCMP is investigating.
Here’s what you need to know when dealing with private security guards.
Can security guards arrest people?
Private security guards can arrest people under the same law.
Under the citizen’s arrest law, arrests can typically only be made if someone is caught in the act of committing a crime or trying to escape immediately afterwards. The law allows for as much force as is necessary for the purpose of making an arrest, but the person making the arrest is criminally responsible for any excess force.
“I would not recommend it,” Veronica Martisius, a lawyer with the B.C. Civil Liberties Association, said of citizen’s arrests.
Are they allowed to handcuff you or restrain you with straps?
“I don’t actually think that was necessary” under the law, Martisius said of the security guards using zip ties on the teenager.
“Although they may be able to detain an individual, they should make reasonable efforts to contact the police,” Martisius said.
Guidance from the federal Department of Justice says people should “avoid using force, if at all possible, and use it to the minimum possible otherwise,” when making a citizen’s arrest.
How do security guards differ from police?
Martisius called private security “quasi-state actors” and said they “shouldn’t be stopping anyone unless they can articulate a valid legal reason for doing so.”
In general, police officers can stop people seen committing a crime, suspected of committing a crime or committing an offence while driving. Unless someone has been placed under arrest by police, they are free to go.
But private citizens, including security guards, should only consider arresting people found in the act of committing a crime or immediately thereafter, according to the Department of Justice, but recommends against doing so.
What kind of training do they need?
This 40-hour program covers ethics, legal studies, documentation and personal safety. The course can be completed online and students are required to score 70 per cent or higher on a multiple-choice exam to pass.
Was the force used against the teen proportionate to the danger she posed?
No, according to Martisius.
“I didn’t witness the sequence of events, but I would think that because she was willing to engage and gave consent for the search, which found that she didn’t have any stolen belongings in her possession, that would have been the end of the interaction,” Martisius said.
On Wednesday, Paladin Security issued a statement to Postmedia saying, “We are transparently working with Surrey police on the events leading up to what is seen in the video and are conducting an internal investigation to ensure the response of our team aligns with our procedural expectations and training standards.”
What can I do if private security abuse their authority?
There are several options available to people who feel their rights have been violated by private security guards.
The citizen’s arrest law allows for criminal liability for excessive use of force. Lawsuits can also be brought for injuries incurred, physical or otherwise.
Abuse of authority by private security companies isn’t unusual, Martisius said.
“The racial profiling of Indigenous people in stores is very common,” said Martisius, who, along with her partner, is Indigenous.
“I’ve been followed by security guards. My partner has been followed by security guards,” she said. “This is not a one off. … This is a very common occurrence.”
With a file from Denise Ryan, Postmedia News