NoSuchPerson Stop, or I'll ask you again!
| | Re: When you're mid climb and... <Reply # 10 on 3/21/2009 12:26 PM >
| | | Laws regarding Trespass vary greatly depending on your country, state/province and sometimes even city. What I'm saying below applies to Ontario only - so don't scream if its different somewhere else, this is Ontario *only* (and it applies to ALL of Ontario, regardless of city). The Trespass to Property Act states quite clearly that unless you can prove you're allowed to be somewhere, you can be charged. Owner's blessing is not a requirement. In Ontario, a Security Guard is permitted to conduct arrests and they ARE allowed to use force in conducting that arrest, provided the force used is in proportion to the threat level percieved (IE, if you come at someone with a closed fist punch, they're well within their rights to punch back, but if you just grabbed their arm, a kick to the head wouldn't be justified). There are 3 times you can be arrested for trespassing: Entering property when that entry is prohibited. This can be because you've been banned from the property, or it can be due to posted signs, or it can be because you don't have proof on your person that you're allowed to be there. Commit prohibited act on property. This would be for example, smoking where a no smoking sign is posted, or basically doing anything on property that the owner or occupier doesn't permit. Note that a Security Guard is considered an occupier, so if they tell you something is prohibited, its in your best interest to listen as they can dictate what's prohibited and despite common belief, it does NOT have to be posted. Lastly, you can be arrested for Fail to leave when directed. This is pretty aparant - if you're told to leave and you don't, you can be arrested. These 3 sections are what sets a Security Guard apart from a regular citizen. A citizen can arrest anyone he/she finds commiting an indictable offence, just the same as a Security Guars (IE, you witness an assault take place, you can arrest the person you witnessed commit the assault). A regular Joe cannot arrest for TPA violations. At the end of the day, this means that if a Security Guard tells you to beat it, you'd best do so, as they have the legal right to arrest you and to use force if necessary. With regards to a Security Guard not being able to touch you - that isn't true in Ontario. Without getting all lawyer-ish, there are a few specific occasions where the use of force is legally allowed. -to prevent the commission of an offence. -to defend ones self against unprovoked assault. -to prevent assault. -to remove a trespasser. -to affect an arrest. These apply to anyone, not just a Security Guard. It does however go on to say that any person using more force than is necessary is criminally liable, and can be convicted of assault and using excessive force, if they do. So to put it in brief: yes, a Security Guard can arrest you, and yes, he/she is permitted to use force in doing so, provided such force isn't excessive.
Unit calling radio say again? |
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