Can a security guard in Ontario, Canada remove a person from premises using physical force?

A resident from a condominium approached the security desk asking for help to prevent her ex boyfriend from entering the premises, because he threatened her. She provided a photograph of this person. My question is: How can this individual be brought off premises? It is my understanding that NO ban notice has been delivered to that person. It is my understanding that the resident had told her ex boyfriend to not return to her site. It is my understanding that the ex boyfriend may have other friends in the building. In my mind the secuirty guard can request the person to leave property. As soon as this is refused the person is in violation to the trespass to property act. This would leave the guard with the option to:

a) arrest the person (which should not be done according to the site supervisor)

b) call the police

The site supervisor detailed steps to "talk the person out of the building" and also seemed to argument another means of "use of force" with the intent to remove an individual from property outside the Liquor License Act)

What would be the legislation to allow to "remove a person from property" using force? Can I physically prevent above person to move around in the building without performing an arrest and getting this individual off site?

Update:

Yvette Aka Evil Mistress: This is my understanding, too, but I am explicitly asking about legislation, which supports this (i.e. CCC, PSIA, etc)

4 Answers

Relevance
  • Favourite answer

    No one has the right to put their hands on you except the RCMP if they are arresting you, same with a security guard if you have broken the law, and you are being held by them for the Mounted Police to come and pick you up. I would call an attorney, and explain what happened, you may have a case to file a law suit.

    Good Luck

  • 1 decade ago

    Look at the Ontario Trespass to Property Act. If I ask you to leave my property, and you refuse, I have the right to use such force as is reasonably necessary to effect your removal. Security will usually have the same right of exclusion.

    Yvette's response is...nonsense. First off, the RCMP are not the only police force in Canada, and in fact have a very limited operational role in Ontario. Secondly, lawyers in Canada are not called attorneys. And thirdly, and most importantly, there is a power of civilian arrest set out in the Criminal Code (in fact, there was a high profile case quite recently where a Toronto shopkeeper was acquitted for tying up a thief and throwing him into the back of a van). There are lots of circumstances where non-police have the legal right to use force.

  • Anonymous
    4 years ago

    secure practices rules selection from state to state, yet many times a glance after has an identical authority simply by fact the owner of the valuables. while you're being "impolite" or breaking the different rule located on that sources, they are able to ask you to resign, or ask you to leave, its as much as the look after. in case you refuse to leave, they are able to then cost you with trespassing. In maximum states, they have powers of arrest, and might use smart stress to maintain you there until the police arrive and write out your cost ticket, or take you to penitentiary. a secure practices guards pastime is to no longer enforce the regulation. he's there to guard persons and sources, and enforce the proprietors regulations. If the owner has a rule asserting no purple hair allowed, the look after is had to enforce that rule. they are able to't arrest you for breaking a rule, yet they are able to ask you to leave, and while you at the instant are not needed on the valuables you may leave, or you will get charged with trespassing.

  • 1 decade ago

    No, Unless this happens, then NO, But under the special circumstances then the answer is most certainly NO. As a matter of fact if he does he is the one committing a crime. However, If the person is a threaten the security guard or any private citizen then that person has the right to use force to defend themselves and to remove the threat. (Not meaning shooting the guy , but if he has a gun then you can).

Still have questions? Get answers by asking now.