In Ontario, under which Act are provincial offences prosecuted?
Ontario Security Guard: Canadian legal system and evidence
Criminal, provincial and municipal law, the courts, the six core steps for containing evidence and how to keep a chain of custody that will stand up in court.
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- 28 questions
- Topic drill
Study reference: Ontario Security Guard Study Guide (ontario.ca, October 2021), Ch. 7 Canadian legal system — Court system, evidence handling, criminal, provincial and municipal law
All 28 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
In Ontario, under which Act are provincial offences prosecuted?
- The Criminal Code
- The PSISA
- The Provincial Offences Act
- The Canada Evidence Act
Which court in the study guide's chart is a specialized federal trial court?
- The Tax Court of Canada
- The Supreme Court of Canada
- A provincial court of appeal
- The Court Martial Appeal Court
When might a guard need to collect and preserve evidence themselves?
- Only after the trial has ended
- When police are not immediately available
- Whenever the client asks for a copy
- Never, guards may not touch evidence
What do the Ontario Evidence Act and Canada Evidence Act mainly identify?
- Who may become a guard
- Which courts hear appeals
- How guards must collect evidence
- Which types of evidence are admissible
You place a knife found at a scene into an evidence bag. What should you mark on the bag?
- The suspect's name only
- Your initials and the time and date
- The client's company logo
- Nothing until the police arrive at the scene
Which court-related task might a security guard be asked to do, according to the study guide?
- Set the sentence for an offender
- Choose the members of the jury
- Rule on whether evidence is admissible
- Prepare witnesses for testimony
Which is the first of the six core steps listed for containing evidence?
- Identify
- Log
- Continuity
- Collect
Which list matches the six core steps for containing evidence?
- Collect, secure, preserve, identify, continuity, log
- Secure, interview, arrest, charge, log, release
- Find, photograph, bag, label, store, destroy
- Collect, clean, label, test, store, return
Which municipal by-laws are guards expected to know, according to the syllabus?
- Every by-law in every Ontario city
- None, since police enforce by-laws
- Only by-laws about parking fines
- Those that relate to their role
Why should a guard keep evidence from becoming contaminated?
- So it can be admitted in court
- So the guard can return it sooner
- So the owner can reclaim it faster
- So fewer reports need to be written
In what two ways can a court be satisfied that an accused person is guilty?
- A guilty plea or a finding of guilt after trial
- A witness statement or a photo
- A police report or a guard's written incident report
- A confession to a guard or a fine
Why do guards need to understand the Ontario and Canada Evidence Acts?
- So they can act as prosecutors at the trial
- So information they obtain is admissible
- So they can choose the judge
- So they can avoid testifying
What is the main purpose of criminal law, according to the study guide?
- To settle disputes between neighbours
- To collect taxes from local businesses
- To protect citizens and keep communities safe
- To set the rules for workplace pay rates
The syllabus asks guards to learn how to collect, handle and seal which kind of evidence?
- Audio and video recordings
- Fingerprints lifted from glass
- DNA samples for lab testing
- Blood alcohol test results
In the study guide's court chart, which kind of court sits on the level just below the Supreme Court of Canada?
- The Tax Court of Canada
- The provincial courts of appeal
- Provincial administrative tribunals
- The provincial (lowest) courts
Where do administrative boards and tribunals appear in the study guide's court hierarchy?
- At the bottom, below the courts
- Between appeal and superior courts
- Beside the Supreme Court of Canada
- At the top, above the Supreme Court
Which level of government creates criminal law in Canada?
- The Supreme Court of Canada
- Each provincial government
- The federal government
- Each municipal council
How should a guard conduct every investigation, according to the study guide?
- As quickly as possible
- Without taking any notes
- Only as far as the client asks
- As if the case could go to trial
How should a guard treat all evidence from an incident?
- As unimportant unless police ask
- As the client's private property
- As though it could be used at a trial
- As something to return to the owner
How are Ontario provincial offences, such as trespass, processed?
- Only through civil lawsuits
- Exactly like indictable offences
- Only by municipal by-law officers
- Much like summary conviction offences
Which is a typical subject of a municipal by-law?
- Theft
- Noise limits
- Citizen's arrest
- Assault
How many people should handle a piece of evidence?
- Any number, as long as gloves are worn
- Everyone on shift, so all can identify it
- As few as possible, with each transfer documented
- Only the client and the suspect
Which kind of law deals with private disputes between people, rather than offences against society as a whole?
- Civil law
- Municipal by-laws
- Criminal law
- Provincial offences law
Where are most of Canada's criminal offences found?
- The Trespass to Property Act
- Municipal by-laws
- The Criminal Code
- The Provincial Offences Act
Besides an unbroken chain of custody, what else must be true of physical evidence presented at trial?
- It is properly identified and relevant
- It was collected by a police officer
- It was photographed by the media
- It was stored at the guard's home
Which court is at the top of Canada's court system?
- The Federal Court
- The Ontario Court of Appeal
- The Ontario Superior Court
- The Supreme Court of Canada
What must be clearly shown when physical evidence is presented at trial?
- The guard's licence history
- An unbroken chain of custody
- The price of the item
- The client's written approval
You need to check your city's noise by-law for a condo site. Where can you find it?
- The Ontario Evidence Act
- The federal Department of Justice website
- City hall or the municipality's website
- The Criminal Code
Canadian legal system and evidence: 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 ↗
Canadian legal system
- Guards should know the criminal court system, the Ontario Evidence Act and the Canada Evidence Act so information they obtain is admissible.
- Know differences between federal, provincial and municipal law, and between criminal and civil law.
- Syllabus: the Evidence Acts do not say how evidence is collected, but identify which types of evidence are admissible.
Canada's court system
- Guards may prepare for proceedings, present evidence, prepare witnesses, follow outcomes.
- All investigations should be concluded as if the case could go to trial, so no procedural or administrative mistakes are made.
- Hierarchy chart: Supreme Court of Canada at the top; then Court Martial Appeal Court, Provincial/Territorial Courts of Appeal, Federal Court of Appeal; then Military Courts, Provincial/Territorial Superior Courts, Federal Court, Tax Court of Canada; Provincial/Territorial Courts; administrative boards and tribunals.
Evidence handling techniques
- Where police are not immediately available, guards may secure evidence; prevent contamination.
- Six core steps for containing evidence: collect, secure, preserve, identify, ensure continuity, log.
- Syllabus also covers procedures for collecting and handling (and sealing) audio/video materials.
Care and control of evidence
- Treat all evidence as though it could be used at trial.
- At trial, a chain of custody (uninterrupted control) must be shown; evidence must be properly identified and relevant.
- If the guard collects evidence, mark the bag with the guard's initials and the time and date gathered.
- Limit the number of people who handle evidence to the smallest number possible; document each transfer.
Criminal law
- Criminal law is the standard of behaviour for everyone; purpose: protect citizens, keep communities peaceful and safe.
- Accused is entitled to appear in court; court must be satisfied of guilt before punishment — by guilty plea or finding of guilt after trial.
- Federal government creates criminal law; most is in the Criminal Code.
Provincial law
- Provinces create provincial offences; in Ontario prosecuted under the Provincial Offences Act, processed much like summary conviction offences.
Municipal by-laws
- Specific to each municipality (e.g. noise limits, occupancy limits, traffic rules).
- Find them through the town or city hall or its website.
Study the Canadian legal system and evidence rules as flashcards →
Other topics
- PSISA and getting licensedWho needs a security guard licence under the Private Security and Investigative Services Act, 2005, the eligibility rules (age 18, clean criminal record, right to work, training and testing), licence types, term, fees, renewals and the Criminal Record and Judicial Matters Check.
- Licence rules, uniforms and equipmentCarrying and producing your licence, the uniform rules (SECURITY lettering, ID tag, no chevrons, no black or navy collared shirts), banned words such as officer and police, equipment rules for batons, handcuffs and firearms, and the penalties for breaking the Act.
- Code of Conduct and public complaintsThe duties and prohibitions in the ministry Code of Conduct (O. Reg. 363/07), what counts as a breach, and how public complaints to the Registrar are filed, facilitated and resolved.
- Duties, access, crowd and traffic controlThe core role of a guard (observe, deter, record, report), access control and visitor logs, removal of materials, crowd control factors, traffic control on private property, shift handover and dealing with people under the influence of drugs.
- Patrols and surveillancePlanning a patrol, foot patrol, vehicle patrol and fixed surveillance, with the advantages and disadvantages of each, and the situational awareness skills the syllabus expects.
- Notebooks, reports and statementsKeeping a notebook, the who-what-when-where-why-how of reports, using notes in court, and how to take and correct a witness statement.
- Health and safety, WHMISWHMIS responsibilities and emergency steps for hazardous materials, and the Occupational Health and Safety Act duties of workers and the right to refuse unsafe work.
- Emergency response, fire and alarmsTypes of emergencies, a guard's role set by the employer or client, fire prevention checks, the main types of intrusion alarm, safe alarm response and duty of care at a crime scene.
- Emergency level first aidWhy emergency level first aid certification is required before the test, what the course covers, the goals of first aid and a guard's extra duties at a casualty scene.
- Trespass to Property ActOccupiers and their agents, the three ways to commit trespass, giving notice by voice, writing, signs or red and yellow markings, the $10,000 maximum fine and the power to arrest and hand over to police.
- Arrest powers and other lawsWhy guards have only citizen's powers, arrest under Criminal Code section 494 (indictable offences, property owners and their agents, fresh pursuit), delivering a prisoner to police, and privacy laws such as PIPEDA.
- Use of force theoryCriminal Code sections 25, 26, 27, 34 and 35, the National Use of Force Model, excited delirium and positional asphyxia, and restraint rules.
- Effective communication and 10 codesClear and concise communication, non-verbal cues, tone and volume, being assertive without being confrontational, and the APCO ten codes listed in the study guide.
- Sensitivity and human rightsRecognising your own biases, the Ontario Human Rights Code and Code of Conduct duty to treat everyone equally, and serving people with disabilities.