Live Lecture Section 07

The work of law enforcement and security guards is performed within the Canadian Legal System. Security personnel need to understand The Ontario Evidence Act, the Criminal Court System, and The Canada Evidence Act, as well as their application to their roles so that any information received will be satisfactory in the court. They need to know the differences between municipal, provincial, and federal law as well as the differences between civil law and criminal law. They must know the hierarchy of the court system and the requirements that make evidence to be admissible in court. Acts have been passed by provinces, and these establish provincial offences and laws. The Provincial Offences Act enacts provincial offences in Ontario, and the Criminal Code of Canada executes the offences just like a summary conviction offence. This lesson outlines the difference between federal, provincial, and municipal law as well as civil and criminal law, the hierarchy of the court system and offences, and the requirements for the admissibility of evidence. The following topics will be discussed in this lecture.

1. Canadian criminal court system
   • Hierarchy of the court system and court protocols/procedures.
   • Describe the protocols and procedures for the purpose of giving evidence.
2. Commonly accepted approaches to the collection, preservation, and presentation of evidence including the handling and sealing of audio/visual materials
3. Ontario Evidence Act and Canada Evidence Act that pertain to admissible evidence
4. Municipal by-laws

Upon completion of this module, students will have an understanding of the following.

1. Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to the work of a Security Guard
2. Legal authorities, rights, and limitations of a Security Guard
3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code
4. Types of offenses in the Criminal Code of Canada
5. Use of force in the line of duty
6. Provisions for search and seizure in the performance of duties
7. Legal powers of Security Guards in situations of trespassing or vandalism
8. Legal powers of Security Guards in loss prevention and theft
9. Consequences when a Security Guard exceeds his/her authority

The Ontario Evidence Act and Canada Evidence Act do not specify how evidence is collected but identify which types of evidence are admissible to the court. Security guards are only expected to know the municipal by-laws that relate to their role and where to find this information if it is not readily available on their premises. Guards may be required to use some legal powers involving search, arrest, use of force, detention, inspection, Charter of Rights, and seizure. In this lecture, the sources and level of the powers that the guard can use and the legal limits of exercising the powers will be reviewed. Furthermore, possible legal results of exercising these powers wrongfully.