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What Happens if You’re Detained by Mall Security in Canada?

Mall security might approach you for a variety of reasons, but what are your rights if you’re detained by them? In Canada, mall security are not the same as the police. Here’s a breakdown of what happens if you’re detained by mall security and whether they can search you.


Authority of Mall Security in Canada

Mall security officers, though they play an important role in maintaining order within the mall, are not law enforcement officers. However, under Canadian law, they still have certain powers when it comes to detaining individuals.

1. Citizen’s Arrest:
Under Section 494 of the Criminal Code of Canada, a private citizen, including security personnel, has the right to make a citizen’s arrest. This right applies if they have witnessed someone committing an indictable offense or have reasonable grounds to believe that someone has committed a criminal offense and is escaping from lawful authority. Essentially, security personnel can detain someone if they believe a crime has occurred, but their powers are limited to certain conditions and must be exercised with caution.

Furthermore, property owners or individuals authorized by them (including mall security) have the authority to detain someone they catch committing an offense related to their property.

If mall security makes a citizen’s arrest, they are required to hand over the detained individual to a police officer without delay. Failing to do so could make the arrest unlawful, leading to potential legal consequences, including civil or criminal liability.

2. Use of Force:
When making a citizen’s arrest, security personnel are allowed to use the amount of force that is necessary to effect the arrest, provided their actions are reasonable. It’s important to note that the use of excessive force can result in criminal liability. Security officers are expected to act proportionally to the situation at hand. If they overstep their boundaries or use unreasonable force, they could be held responsible under the law.

Overall, if mall security uses excessive force, arrests someone without reasonable grounds, or otherwise mishandles the situation, they could be held legally accountable. Security officers may face criminal charges, such as assault or false imprisonment, for misconduct during an arrest.


Search Authority of Mall Security

One of the most common questions people have is whether mall security has the right to search your person or belongings if you’re detained. The short answer is no — mall security does not have the authority to search you or your belongings unless certain conditions are met.

1. Search of Persons or Bags:
Mall security personnel are not police officers and, therefore, do not have the inherent legal authority to search your person or belongings. They cannot search you or your bags unless you voluntarily agree to the search. This means that you are not legally obligated to allow a search, and security does not have the right to force you into it.

2. Voluntary Consent Required:
If security asks to search you or your bag, they can only proceed if you voluntarily agree to it. You are not required to comply with this request. Unlike police officers, mall security cannot compel you to allow a search unless law enforcement (the police) is involved. The police are the only authority that can search you or your belongings without your consent — and only under lawful conditions, such as with a warrant or during a lawful arrest.

3. Reasonable Grounds and Exceptions:
If mall security reasonably believes a crime has occurred (for example, theft), they may ask to inspect your bag. However, you are not legally obligated to comply unless the police are involved. Only law enforcement officers have the power to conduct a search under lawful conditions.

4. Unlawful Searches:
If mall security conducts a search without your consent or legal authority, this may constitute a violation of your privacy rights. If you believe your rights have been violated, you have the option to file a complaint or take legal action for an unlawful search.

Do You Need a Strong Legal Defence at your Side?

If you have had a run in with mall security or any other legal issue, do not hesitate to contact our lawyers immediately. Call us for free at (905) 541-2228 or fill out an intake form on our contact page.

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