Who may arrest a person found committing a criminal offence on or in relation to property?
Ontario Private Investigator overview
Ontario Private Investigator: Criminal Code: arrest, force and offences
Why a PI has only a citizen's powers, arrest without warrant under section 494, delivering a person to police, use of force under sections 25 to 27, defence of person and property, Charter rights on arrest and detention, and the offences the study guide names: theft, false pretences, fraud and kidnapping.
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Study reference: Ontario Private Investigator Study Guide (ontario.ca, October 2021), Ch. 4 Criminal and civil law — Powers of arrest and criminal offences; Criminal Code ss. 25–27, 34, 35, 279, 322, 361, 380, 494; Charter ss. 8–10, 32
All 13 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
Who may arrest a person found committing a criminal offence on or in relation to property?
- Any investigator hired by a neighbouring business that saw the offence
- Only the property's insurance company
- Only the police force for that municipality
- The owner or lawful possessor, or someone they authorize
Why must private investigators understand the difference between indictable and summary conviction offences?
- Summary conviction offences must be reported to the Registrar within five days
- Only summary offences can be prosecuted in Ontario
- A citizen may arrest a person found committing an indictable offence
- Indictable offences are handled only by civil courts
According to section 26 of the Criminal Code, what is a person authorized to use force responsible for?
- Only force used on private property
- Only force that causes death
- Any excess of force they use
- Nothing, if they were making an arrest
Section 494(1)(b) allows any person to arrest someone they believe committed a criminal offence when that person is:
- Escaping and freshly pursued by people with authority to arrest
- Known to have committed similar offences in the past
- Seen on video committing the offence a week earlier
- Named as a suspect by a reliable witness who calls you the next morning
When section 25 applies to a private investigator, how much force may they use?
- No force at all, as a private citizen
- Only the force a peace officer approves on scene
- As much as is necessary, acting on reasonable grounds
- Any force the investigator feels like using
Under section 10 of the Charter, which right does everyone have on arrest or detention?
- To be released once they give a home address
- To retain and instruct counsel without delay and be told of it
- To make one phone call to a family member of their choice before questioning
- To refuse to be arrested by anyone but police
After making a citizen's arrest, what must a private investigator do?
- Deliver the person to a peace officer as soon as possible
- Hold the person until a lawyer arrives to advise them
- Release the person after taking a written statement
- Take the person to the client's office for questioning
Under section 322 of the Criminal Code, when is theft committed?
- When something is taken fraudulently and without colour of right
- Only when the item taken is worth more than $5,000 and is sold afterwards
- Only when the item leaves the building
- Only when the owner is present and sees it
Which statement matches the Criminal Code definition of a false pretence?
- Any exaggerated praise of a product's quality
- A promise about something in the future that the person later fails to keep
- A known false statement of fact made to induce someone to act
- An honest mistake in a business invoice
Under section 34, what must be true of an act done to defend yourself from force?
- It must use less force than the attacker used
- It must happen only after police are called
- It must be approved by a supervisor first
- It must be reasonable in the circumstances
Section 27 justifies reasonable force to prevent an offence that is arrestable without warrant and that would likely cause:
- A breach of a company's internal policy
- Immediate and serious injury to a person or property
- An embarrassing public scene in a store
- A financial loss to a client of any amount
What arrest powers does a licensed private investigator have in Ontario?
- Special powers granted by the PSISA
- The same as a peace officer
- The same as a by-law enforcement officer
- The same as any member of the public
You see a person committing an indictable offence. What does section 494 allow?
- Only a peace officer may arrest them
- Any person may arrest them without a warrant
- You may arrest only if you are on duty
- You may arrest only with the client's consent
Criminal Code: arrest, force and offences: 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 ↗
Criminal Code powers of arrest
- PIs have neither police nor peace officer powers; they have the same powers as any member of the public.
- Criminal Code s. 494 sets out when a member of the public may arrest.
- Anyone may arrest without warrant a person found committing an indictable offence; PIs must know the difference between indictable and summary conviction offences.
- Indictable offences are usually more serious; many offences PIs meet are indictable.
- After an arrest the PI must deliver the person to a peace officer as soon as possible.
- Syllabus: PIs should know what they would have to present to police to have an arrest made, and the definitions of peace officer and public officer in Criminal Code s. 2.
Arrest without warrant by any person
- s. 494(1)(a): anyone may arrest a person found committing an indictable offence.
- s. 494(1)(b): anyone may arrest a person they believe on reasonable grounds has committed a criminal offence and is escaping from and freshly pursued by people with lawful authority to arrest.
- s. 494(2): the owner or lawful possessor of property, or someone they authorize, may arrest a person found committing a criminal offence on or in relation to that property, at the time or within a reasonable time after if a peace officer cannot feasibly make the arrest.
- s. 494(3): anyone other than a peace officer who arrests without warrant must deliver the person to a peace officer forthwith.
Use of force
- s. 25(1): a person required or authorized by law to do something in administering or enforcing the law, acting on reasonable grounds, may use as much force as necessary for that purpose; this includes a private person.
- s. 494(4): a person authorized to arrest under s. 494 counts as authorized by law for s. 25.
- s. 26: anyone authorized to use force is criminally responsible for any excess.
- s. 27: anyone may use as much force as reasonably necessary to prevent an offence for which the offender could be arrested without warrant and that would likely cause immediate and serious injury to a person or property.
Defence of person and property
- s. 34: no offence if a person reasonably believes force or a threat of force is being used against them or another, acts to defend, and the act is reasonable in the circumstances.
- s. 35: similar defence for someone in peaceable possession of property (or helping them) acting to prevent entry, theft or damage, if reasonable in the circumstances.
Canadian Charter of Rights and Freedoms ss. 8–10, 32
- s. 8: right to be secure against unreasonable search or seizure.
- s. 9: right not to be arbitrarily detained or imprisoned.
- s. 10: on arrest or detention, the right to be told the reasons promptly, to retain and instruct counsel without delay and be told of that right, and to habeas corpus.
- s. 32: the Charter applies to Parliament and the federal government and to provincial legislatures and governments.
Common offences
- Intimidation (s. 423), kidnapping (s. 279), theft (s. 322), false pretence (s. 361) and fraud (s. 380) are offences PIs should know.
- s. 322: theft is taking or converting something fraudulently and without colour of right, with intent to deprive the owner.
- s. 361: a false pretence is a representation of a past or present fact, known to be false, made with fraudulent intent to induce someone to act on it.
- s. 380: fraud is defrauding the public or any person of property, money, valuable security or a service by deceit, falsehood or other fraudulent means.
- s. 279(1): kidnapping a person with intent to confine them, send them out of Canada, or hold them for ransom or service against their will.
Study the Criminal Code: arrest, force and offences rules as flashcards →
Other topics
- The PI industry and getting licensedWho needs an Ontario private investigator licence under the Private Security and Investigative Services Act, 2005, who is exempt, the six licence types, eligibility (age 18, clean criminal record, right to work, training and testing), the 50-hour training syllabus, approved training providers and the licence term.
- PSISA rules, Code of Conduct and complaintsCarrying and producing your licence, the undercover exception, the ban on badges and on words such as detective and officer, the Code of Conduct (O. Reg. 363/07), public complaints and facilitation, refusals and appeals, work a PI may not do, and the penalties for breaking the Act.
- Privacy law: PIPEDA, FIPPA and MFIPPAHow PIPEDA's consent rules limit what personal information an investigation business can collect, use and disclose, the exceptions for publicly available information and investigations, access to government records under FIPPA and MFIPPA, and industry practice on expectations of privacy, hidden cameras, audio and GPS trackers.
- Evidence: types, Evidence Acts and chain of custodyDirect, circumstantial, hearsay, documentary (illustrative), real, trace, opinion and unsworn evidence, admissions, business records under the Ontario Evidence Act and Canada Evidence Act, and the six core steps for containing evidence and keeping a chain of custody.
- Trespass to Property Act and other statutesOccupiers and authorized persons, the three ways to commit trespass, notice by voice, writing, signs and red or yellow markings, arrest and handover to police, the $10,000 maximum fine, and the other Ontario statutes the syllabus names, including the Highway Traffic Act on surveillance.
- Courts, intimidation, harassment and civil lawThe Canadian court system, burden of proof in criminal and civil cases, intimidation under section 423, criminal harassment under section 264, interception of private communications under section 184, tort, libel, slander and perjury, and the parties to a civil action.
- Locating, research and surveillanceSetting a justifiable mandate, basic locator techniques, public records and research sources such as PPSR searches, the purposes of covert surveillance, what to know before you start, standard equipment, detection, and solo versus team surveillance methods.
- Interviews, statements and reportsPreparing for and conducting interviews, taking and correcting a witness statement, confessions and youth interviews, writing objective surveillance reports, correcting notes and using notes when you testify.
- Undercover work, email monitoring and serving documentsWhen undercover operations are used, briefing and supervising an operator, conduct that protects credibility in court, monitoring employee email, and serving civil documents under Ontario's Rules of Civil Procedure, including personal service, substituted service and the Affidavit of Service.
- Ethics, communication and self-managementEthical decision-making, duty of care, prejudice and the Ontario Human Rights Code, clear and unbiased communication, tactical communication, and managing stress, time, teamwork and changing conditions on assignments.