Section 10 (a) of the Charter gives an arrested person the right to be told what?
BC Security Guard (BST): Arrest powers and detention
Why a guard has only a citizen's powers, arrest without warrant under Criminal Code section 494 (finds committing, fresh pursuit, owner's agent), delivering the person to police forthwith, giving the reason for arrest, breach of the peace, offence types, and Charter rights on arrest.
- No sign-up
- Every answer explained
- Independent · not a government site
- 22 questions
- Topic drill
Study reference: B.C. security legislation and gov.bc.ca guidance (Oct 2026), Ch. 3 Arrest powers and detention — Criminal Code ss. 29, 30, 494; Charter ss. 9, 10; Security Services Act s. 4
All 22 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
Section 10 (a) of the Charter gives an arrested person the right to be told what?
- The reasons for the arrest, promptly
- The name of the arresting guard's employer
- Whether charges will be laid in court
- How long the detention will last
Can a B.C. guard make a citizen's arrest for trespass under the provincial Trespass Act?
- No, the Act gives arrest power only to peace officers
- Yes, if the trespasser still refuses to leave after one full hour
- Yes, but only on land that is fully fenced
- Yes, after giving the trespasser one warning
A person arrested by a guard asks to call a lawyer. Which Charter right is this?
- The right to vote and to stand for election
- The right to retain and instruct counsel without delay
- The right to be secure against unreasonable search or seizure
- The right to a trial within a reasonable time
After arresting a shoplifter, what should the guard do first?
- Call police so the person can be handed over right away
- Take a photo and post it on the store's wall
- Search the shoplifter's car in the parking lot for more stolen goods
- Let the manager decide on a store penalty
Section 494 (1) (b) allows a citizen's arrest of someone who has committed a criminal offence and is doing what?
- Refusing to give their name and address to the store's manager on request
- Leaving the premises after a staff argument
- Escaping while freshly pursued by people who may arrest
- Sitting in a car parked outside the property
What arrest powers does a licensed B.C. security guard have?
- Police powers on private property only
- A private citizen's powers, plus owner's agent powers
- No power to arrest anyone in any situation
- The powers of a peace officer whenever the guard is wearing a uniform
When may an owner's agent arrest a suspect a reasonable time after a property offence?
- When the suspect comes back to the same property within one week of the offence
- When the stolen item is worth more than $5,000
- When the client's manager signs a written arrest order
- When they reasonably believe police cannot feasibly make the arrest
Before making a citizen's arrest, what is the safest first question a guard should ask themselves?
- Is the suspect smaller than I am?
- Has the suspect been rude to staff before?
- Will my employer approve of the arrest later?
- Did I personally see the offence being committed?
A guard at a warehouse sees a man spray graffiti on the warehouse wall. Under s. 494 (2), what must the offence be?
- An offence committed during business hours
- An offence worth more than $5,000 in damage
- An offence that is also reported by a second, independent witness
- A criminal offence on or in relation to the property
Under section 494 (1) (a), anyone may arrest without warrant a person they find committing what?
- A municipal bylaw offence
- Any provincial offence
- An indictable offence
- A breach of store policy
After a guard makes a citizen's arrest, what must happen to the person?
- They may be questioned for up to one hour first
- They must be released once they return the goods
- They may be held until the store manager decides
- They must be delivered to a peace officer forthwith
When police arrive after an arrest, which details should the guard be ready to give?
- Rumours other staff heard about the suspect
- The guard's personal opinion of the suspect's character and morals
- A guess about the suspect's criminal record
- Exact time and place, descriptions and what was seen
Which Charter right is breached if a guard locks a person in a back room for no lawful reason?
- The right to equal protection and benefit of the law
- The right not to be arbitrarily detained
- The right to enter and leave Canada
- The right to freedom of religion
Why can a guard arrest someone found committing theft under $5,000 under s. 494 (1) (a)?
- Store security has special powers for theft
- All property offences are indictable, whatever the value of the goods taken
- Theft under $5,000 is always a summary offence
- It is a hybrid offence, treated as indictable until the Crown elects
What standard of belief does s. 494 (1) (b) require about the fleeing person's offence?
- A hunch based on the person's appearance
- A written complaint signed by the victim
- Belief on reasonable grounds that they committed a criminal offence
- Proof beyond a reasonable doubt, the same standard a criminal court uses
What does the Criminal Code require an arrester to tell the person, where feasible?
- The arrester's home address
- The value of the property involved
- The reason for the arrest
- The penalty the person will receive
A suspect calmly walks away after a minor theft and is no danger to anyone. What is often the wiser choice?
- Chase the suspect into traffic to recover goods
- Block the suspect's car with a security vehicle
- Tackle the suspect before they reach the door
- Observe, note a description and call police
How does section 494 (4) link a citizen's arrest to the use of force?
- It bans all physical force during a citizen's arrest
- It makes the arrester 'authorized by law' for section 25
- It requires police to approve force by phone first
- It lets the arrester use any force the suspect uses
A shopper tells a guard that someone stole a wallet an hour ago. Can the guard arrest under s. 494 (1) (a)?
- Yes, if the shopper agrees to sign a statement
- Yes, as long as the arrest happens on the property
- No, the guard did not find the person committing it
- Yes, a reliable report is enough for a citizen's arrest
A guard hired by a mall sees a person smash a mall window. Which power fits best?
- Detain under the Liquor Control and Licensing Act
- No arrest is possible because damage is minor
- Arrest under the B.C. Trespass Act as an occupier
- Arrest as a person authorized by the property owner
A guard sees two patrons start a fistfight in a lobby. What does section 30 allow?
- Taking their ID cards until they apologize
- Fining both patrons on the spot under the security code of conduct
- Stopping it and detaining them for police with reasonable force
- Punishing the person who started the fight
A guard could not tell a struggling suspect why they were arrested. What is the effect under s. 29?
- It does not by itself remove the guard's protection
- The guard's security licence is suspended for 30 days by the registrar
- The suspect must be released immediately
- The arrest becomes automatically unlawful
Arrest powers and detention: key rules to remember
Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗
Legal status of a guard
- A licensed guard is not a peace officer; the registrar may refuse a licence to a peace officer (Act s. 4 (1) (f)).
- A guard must not misrepresent the nature of their legal authority (Regulation s. 14 (o)) and may not call themselves police, peace officer, law enforcement or detective (Act s. 44 (5)).
- A guard's arrest powers are the same as any private citizen's, plus the owner's-agent power in Criminal Code s. 494 (2).
Arrest by any person
- Anyone may arrest without warrant a person they find committing an indictable offence.
- Anyone may arrest a person they believe on reasonable grounds has committed a criminal offence and is escaping from, and being freshly pursued by, persons with lawful authority to arrest.
- "Finds committing" means seeing the offence being committed, not learning of it later.
Arrest by owner or authorized person
- The owner or person in lawful possession of property, or someone they authorize (such as a guard hired for the site), may arrest a person found committing a criminal offence on or in relation to that property.
- The arrest must be made at that time, or within a reasonable time after the offence if they believe on reasonable grounds that it is not feasible for a peace officer to make the arrest.
- s. 494 (2) covers any criminal offence on or in relation to the property, not only indictable ones.
After the arrest
- Anyone other than a peace officer who arrests without warrant must deliver the person to a peace officer forthwith (right away).
- A person authorized to arrest under s. 494 is "authorized by law" for the purposes of s. 25 (use of force).
Duty when arresting
- The person making an arrest must, where feasible, tell the person the reason for the arrest.
- Failing to do so does not by itself remove protection from criminal responsibility.
Breach of the peace
- Anyone who witnesses a breach of the peace may interfere to stop it continuing or being renewed.
- They may detain a person who commits or is about to join or renew the breach, to hand the person to a peace officer, using no more force than reasonably necessary or proportionate to the danger.
Kinds of offences (as used in s. 494)
- Indictable offences are the more serious offences; summary conviction offences are less serious.
- Hybrid offences (for example theft of $5,000 or less, mischief, assault) may be prosecuted either way and are treated as indictable until the Crown elects; a guard can therefore arrest a person found committing one.
- Provincial offences, such as trespass under the B.C. Trespass Act, are not criminal offences, so s. 494 does not give a power to arrest for them.
Arrest and detention
- Everyone has the right not to be arbitrarily detained or imprisoned (s. 9).
- On arrest or detention, everyone has the right to be informed promptly of the reasons and to retain and instruct counsel without delay and be informed of that right (s. 10 (a), (b)).
- s. 10 (c): the right to have the validity of the detention determined by habeas corpus and to be released if it is not lawful.
Handing over to police
- Police need details: exact time and location, names of people involved, descriptions (hair, build, height, sex, race), what was seen, and any vehicle plate, colour and type.
- A person arrested by a guard is handed to police with the guard's account of what was seen; the guard may later have to testify.
Other topics
- Security Services Act and licensingWho needs a B.C. security worker licence, the licence types including security guard under supervision, the age 19 and residency rules, the four routes to a full guard licence, prescribed checks, licence terms and fees, carrying and surrendering the licence, 14-day reporting, and how the registrar enforces the Act.
- Code of conduct, uniforms and equipmentThe 13 duties of the B.C. security code of conduct, uniform lettering rules, the bans on badges, Sam Browne belts, batons, pepper spray and firearms, rules for security vehicles and dogs, the words a guard may not use, and when you must show your licence.
- Use of force and force reportingWhat counts as force under B.C. security rules, the duty to record every use of force on SPD Form 0513 or equivalent, the subject behaviour categories, and the Criminal Code limits: sections 25, 26, 27, 34 (defence of person) and 35 (defence of property).
- B.C. Trespass ActOccupiers and authorized persons, enclosed land, the three ways to commit trespass, notice by voice, writing or signs, the defences of consent and colour of right, demanding a name and address, why only peace officers can arrest under the Act, and restitution orders.
- Privacy, video surveillance and human rightsThe confidentiality duty in the code of conduct, consent and collection rules in B.C.'s Personal Information Protection Act, safeguards and retention of records, the privacy commissioners' video surveillance guidelines, the Human Rights Code grounds for services to the public, and the Charter right against unreasonable search.
- Door security at licensed establishmentsWhy door staff need a security worker licence, refusing entry to or removing intoxicated, undesirable or armed people, the 24-hour no-return rule, minors and the two-ID rule, capacity limits, weapons and incident logs under the Liquor Control and Licensing Act.
- Notes, reports and going to courtWriting honest, factual reports, the details police and courts need (time, place, descriptions, vehicles), the use-of-force report, witness statements, storing reports under PIPA, and what happens when a guard is subpoenaed and testifies.
- Personal safety and working aloneWorkSafeBC rules a guard works under: working alone check-in procedures, late night retail requirements, violence risk assessments and instruction, reporting unsafe conditions and the three-step right to refuse unsafe work.
- De-escalation, fights and emergenciesWarning signs of violence, verbal and non-verbal de-escalation, ending a hostile interaction, responding to a fight, fire classes and the PASS method, when not to fight a fire, and evacuation and emergency planning basics.