BST Participant Manual Sept2013

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Basic Security Training

Participant’s Manual
REVISED 2013
Acknowledgements

ADVISORY COMMITTEE
Sam MacLeod, Registrar, Security Services Act
Bill Carver, Deputy Registrar, Security Services Act
Sylvia Montagnaro, Security Services Act Project Team
Kathy Brownlee, Holt Renfrew
Vic Byrom, Securitas
Diane Clausen, University of Northern BC
Sherry Coey, Canada Safeway Limited
Binder Gill, London Drugs
Kim Haakstad, Alliance of Beverage Licensees
Liz Henze, Concord Security
Joel Johnston, Staff Sergeant, Vancouver Police Department
Gary Lok, University of BC
John McKay, Inspector, Vancouver Police Department
Kevin O’Malley, Elite Retail Solutions
Dusty Miller, Commissionaires Victoria
Joe Proznik, Securiguard
Jo-Anne Roosen, Commissionaires Vancouver
Megan Williamson, go2

PROJECT MANAGEMENT
Karen English, Justice Institute of British Columbia

CURRICULUM DESIGN
Marilen Chow

Basic Security Training is a revision of the curriculum


published in 1996 and then revised in 2007 by the
Police Academy, Justice Institute of British Columbia.

2009. Province of British Columbia. Basic Security Training course curriculum


reproduced under licence from the Province of British Columbia. All rights
reserved.
Basic Security Training
Participant’s Manual
REVISED 2013
Contents

Student Agreement ..................................................................................9

Foreword ................................................................................................15
About This Course ........................................................................................... 17
Using This Manual ........................................................................................... 19

1 – Introduction to the Course ...............................................................21


Exercise: Course Expectations .......................................................................... 23
Course Objectives ............................................................................................ 24
Course Requirements ....................................................................................... 26

2 – Introduction to Private Security .......................................................27


Learning Objectives ......................................................................................... 29
Professionalism, Ethics, and Customer Service ................................................. 30
Professionalism ........................................................................................... 30
Ethics .......................................................................................................... 35
Exercise: Ethics and Professionalism ............................................................ 38
Customer service ......................................................................................... 40
Exercise: Customer Service Skills ................................................................. 50
The Security Function ...................................................................................... 54
Public and private security .......................................................................... 54
Role of the SP ............................................................................................. 56
Emergency Services and Regulatory Agencies .................................................. 61
Agency roles and responsibilities ................................................................ 61
Role of the SP ............................................................................................. 64
Exercise: Public Perceptions ............................................................................. 66
Exercise: Self-Assessment ................................................................................. 67
Segment 2 Review Exercise .............................................................................. 68
CONTENTS

3 – Legal Issues .......................................................................................73


Learning Objectives ......................................................................................... 75
Introduction to Law ......................................................................................... 76
What is law? ............................................................................................... 76
Legal framework for SP duties and powers ................................................. 78
Canadian Charter of Rights and Freedoms....................................................... 79
What is the Charter? ................................................................................... 79
Key sections ................................................................................................ 80
Human Rights Legislation ................................................................................ 88
Impact of the Charter on human rights legislation ..................................... 88
Human rights legislation in BC .................................................................... 89
Guidelines for SPs ....................................................................................... 91
Criminal Code .................................................................................................. 93
Key terms .................................................................................................... 93
Common offences....................................................................................... 95
Exercise: Elements of an Offence .............................................................. 107
Security Services Act ...................................................................................... 109
Application ............................................................................................... 109
Licensing requirements ............................................................................. 110
Rules regarding identification ................................................................... 112
Rules on use of equipment ....................................................................... 113
Provincial Privacy Legislation ......................................................................... 114
Applicable laws ......................................................................................... 114
Guidelines for performing day-to-day duties ............................................ 115
Other Key Legislation ..................................................................................... 116
SP Powers and Limitations ............................................................................. 118
Making arrests as a private citizen ............................................................ 118
Conducting searches ................................................................................. 126
Using force ............................................................................................... 127
Using the power of forcible eviction ......................................................... 140
Improper or illegal conduct ...................................................................... 143
Exercise: Analyze This! .............................................................................. 148
Segment 3 Review Exercise ............................................................................ 151

4 – Documentation ...............................................................................161
Learning Objectives ....................................................................................... 163
Effective Note-taking ..................................................................................... 164
Benefits of the notebook .......................................................................... 164

6  Participant’s Manual  Province of British Columbia


CONTENTS

Taking effective notes ............................................................................... 166


Maintaining a professional notebook ....................................................... 169
Access to the notebook ............................................................................ 170
Exercise: Taking Notes............................................................................... 171
Effective Report Writing ................................................................................ 172
Purpose of reports .................................................................................... 173
Writing effective reports ........................................................................... 174
Access to reports ...................................................................................... 181
Exercise: Writing a Report ......................................................................... 182
Segment 4 Review Exercise ............................................................................ 183

5 – Personal Safety ...............................................................................187


Learning Objectives ....................................................................................... 189
What Is Safety? .............................................................................................. 190
Definition .................................................................................................. 190
Safe interview stance ................................................................................ 191
Relative positioning .................................................................................. 192
Continuous assessment process ................................................................ 193
Exercise: Analyze That! ............................................................................. 198
Tactical Communication Skills and Strategies ................................................ 202
Definition .................................................................................................. 202
Strategies .................................................................................................. 203
Outcomes of tactical communication ....................................................... 207
Exercise: Tactical Communication Strategies ............................................. 208
Keeping Safe on the Job ................................................................................ 209
Planning ................................................................................................... 209
Taking action ............................................................................................ 210
Segment 5 Review Exercise ............................................................................ 211

Supplementary Resources ....................................................................215


Glossary ......................................................................................................... 217
Interacting with Persons with Mental Illness .................................................. 231
General Guidelines for Emergencies .............................................................. 237
Provincial Privacy Legislation ......................................................................... 245
Use of Force Incident Report ......................................................................... 251
Public Complaint Form .................................................................................. 255

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  7


Student Agreement
STUDENT AGREEMENT

Every BST course participant will be required to read and sign a Student
Agreement before registering for the course. A sample of this agreement is
provided in the pages that follow.

This signed agreement will form part of the course participant’s record and
will kept on file by the training school.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  11


STUDENT AGREEMENT

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  13


STUDENT AGREEMENT

14  Participant’s Manual  Province of British Columbia


Foreword
FOREWORD

About This Course

The Security Services Act (SSA) was enacted by the British Columbia
legislature in 2007 and came into force on September 1, 2008. It requires
that security businesses and workers be licensed before they carry out their
duties. Under the SSA, licensing requirements apply to individuals and
businesses in these sectors of the industry:
 Security alarm sales, service, monitoring, and response personnel
 Armoured car companies
 Locksmiths
 Private investigators
 Security consultants
 Security guards
 Commissionaires
 Armoured car guards
 Closed circuit television installers
 Electronic locking device installers
 In-house private investigators
 In-house security guards
 Doorpersons at licensed liquor establishments and bodyguards
 Individuals/businesses who provide security dog services

The SSA also requires individuals working in the security industry to


obtain and hold their own security worker licence.

Under the Security Services Regulation (SSR), to be eligible for provincial


licensing, some security workers are required to complete mandatory
training. The Basic Security Training (BST) course developed by the
Justice Institute of British Columbia meets this training need by providing
standardized practical training for those who seek a career in the security
industry. The program prepares participants to carry out their mandate as
security professionals in a safe, effective, and professional manner.

BST is the mandatory training course for security professionals and must
be completed at a government-approved training school. A 40-hour course,
it consists of five segments for which specific learning objectives have been
identified. These segments are:

1 – Introduction to the Course


2 – Introduction to Private Security
3 – Legal Issues

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  17


FOREWORD

4 – Documentation
5 – Personal Safety

To qualify for a certificate, participants must attend all training sessions


(or complete the online version of this course) and successfully complete
the learner assessment activities.

18  Participant’s Manual  Province of British Columbia


FOREWORD

Using This Manual

This manual contains the course information that your instructors will
cover during the program as well as worksheets for exercises you will be
asked to complete. If necessary, your instructors will distribute copies of
additional materials during the training sessions.

The Supplementary Resources section of the manual contains the following


reference materials:
 Glossary
 Two articles about interacting with persons with mental illness
 General guidelines for emergencies
 Information on provincial privacy legislation
 Use of force incident report form
 Public complaint form

At the end of the manual you will find a course feedback sheet. Please
complete and submit this form as directed by your instructor.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  19


1 – Introduction to the
Course
1 – INTRODUCTION TO THE COURSE

Exercise: Course Expectations

1. I would be satisfied if, by the end of the course, I …

2. For this course to be successful, the following things need to happen:

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  23


1 – INTRODUCTION TO THE COURSE

Course Objectives

Segment Objectives
By the end of this segment, you will be able to …
1  Express expectations of the course.
Introduction to the  State the course goal.
Course  List the course objectives.
2  Define “professional” and explain the standards of
Introduction to professional conduct for security professionals (SPs).
Private Security  Define “ethics” and explain its importance in the security
profession.
 Give examples of ethical and unethical behaviour on the
part of SPs.
 Define “customer service” and explain its importance in
the security profession.
 Describe the difference between private security and the
police.
 List the types of jobs that SPs could do.
 List the basic duties of SPs.
 List the types of incidents to which SPs might have to
respond.
 Explain the basic steps in responding to incidents.
 Explain the guidelines for incident scene protection.
 Describe the role of emergency services and regulatory
agencies.
 Explain the authority of emergency services and
regulatory agency personnel on private property.
3  Define “law” and state the function of law.
Legal Issues  List the federal and provincial laws that provide a legal
framework for SP duties and powers.
 Explain the purpose of the Canadian Charter of Rights
and Freedoms.
 Explain the SP’s responsibilities and limitations under the
Charter.
 Explain the impact of human rights legislation on the
SP’s performance of his or her duties.
 Define key terms used in reference to criminal offences.
 Identify the essential elements of common offences.
 Explain the provisions of the Security Services Act and
Security Services Regulation that have a direct impact on
SPs.
 Identify other legislation that have a direct impact on SPs.
 Describe the SP’s powers and limitations under the law.

24  Participant’s Manual  Province of British Columbia


1 – INTRODUCTION TO THE COURSE

Segment Objectives
By the end of this segment, you will be able to …
4  Explain the benefits of an SP’s notebook.
Documentation  Explain the guidelines for effective note-taking.
 State the rules for maintaining a notebook.
 List the parties who may access an SP’s notebook.
 Explain how an SP’s notebook may be used in court.
 Write effective notes about an incident.
 Explain the purpose of a report.
 List the instances when a report must be written.
 Describe the characteristics of an effective report.
 Describe the report-writing process.
 Write an effective report.
5  Define “safety.”
Personal Safety  Describe the elements of a safe interview stance.
 Describe the various relative positions that could be used
in an encounter.
 Explain the importance of continuous assessment.
 Define “tactical communication.”
 State the goal and benefits of tactical communication.
 Explain how tactical communication fits in the National
Use of Force Framework.
 Apply three major tactical communication strategies.
 Describe the desired outcome of tactical communication.
 List personal safety strategies.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  25


1 – INTRODUCTION TO THE COURSE

Course Requirements

To successfully complete this course, you must:


 Attend all training sessions (or complete the online version of this
course).
 Complete all group and individual exercises that form part of the
course.
 Pass the exam.

26  Participant’s Manual  Province of British Columbia


2 – Introduction to Private
Security
2 – INTRODUCTION TO PRIVATE SECURITY

Learning Objectives

 Define “professional” and explain the standards of professional conduct for SPs.

 Define “ethics” and explain its importance in the security profession.

 Give examples of ethical and unethical behaviour on the part of SPs.

 Define “customer service” and explain its importance in the security profession.

 Describe the difference between private security and the police.

 List the types of jobs that SPs could do.

 List the basic duties of SPs.

 List the types of incidents to which SPs might have to respond.

 Explain the basic steps in responding to incidents.

 Explain the guidelines for incident scene protection.

 Describe the role of emergency services and regulatory agencies.

 Explain the authority of emergency services and regulatory agency personnel on


private property.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  29


2 – INTRODUCTION TO PRIVATE SECURITY

Professionalism, Ethics, and Customer


Service

In Canadian society, successful security professionals (SPs) are


characterized by professionalism, ethical behaviour, and a customer service
orientation. The work demands these qualities; the public expects these
qualities; and security employers seek these qualities in their employees.
Professionalism, ethics, and customer service are the foundation upon
which all of the other “tools of the trade” can be assembled.

Professionalism
Definitions
The term “professional” has come to mean different things over the years.
Consider the following definitions:
 “A skilled practitioner” (American Heritage® Dictionary of the English
Language: Fourth Edition)
 “One who follows the technical and ethical standards of a profession”
(Merriam-Webster’s Online Dictionary)
 “Having the qualities associated with trained and skilled people, such
as effectiveness, skill, organization, and seriousness of manner”
(Cambridge Advanced Learner’s Dictionary)
 “Businesslike; conforming to the standards of skill, competence, or
character normally expected of a properly qualified and experienced
person in a work environment” (Encarta)

Until the late 1970s, the term “professional” was associated with people
like lawyers, doctors, or accountants, who had to undergo extensive
training and meet specific standards in order to practise their professions.
These professions shared the following characteristics:
 Had strict admission standards
 Required that members demonstrate proficiency in a wide-ranging body
of knowledge
 Required extensive formal education
 Viewed the occupation as a public service
 Required its members to be licensed

The security industry has only recently been able to state that it has
adopted some of these standards. Employers in the security field can now

30  Participant’s Manual  Province of British Columbia


2 – INTRODUCTION TO PRIVATE SECURITY

be selective when hiring. They often choose only those who have some post-
secondary education, are physically fit, have a varied work background,
and demonstrate that they have a commitment to excellence, both personal
and professional.

In the 1980s and 1990s, professionalism was linked to higher salaries, and
many employers sought to secure market share by emphasizing superior
products, service, and customer satisfaction. The security industry soon
realized that success in a competitive marketplace required that companies
emphasize superior performance and professionalism.

Government requirements
In addition to these industry trends towards greater professionalism, in
British Columbia, the security industry is regulated by the Security
Services Act (SSA) and the Security Services Regulation (SSR), which came
into force on September 1, 2008. The SSA requires anyone offering security
guard services in the province to hold a security business or security
worker licence. [SSA, Sections 3 and 11] The term “security guard
services” refers to:
 Contract security guard services
 In-house security guard services1
– Security guards at hospitals, universities, banks, retail outlets, etc.
– Loss prevention personnel
– Doorpersons at licensed liquor establishments
– Bodyguards

The SSR specifies the following requirements:


 To obtain a security worker licence, individuals must complete the
mandatory Basic Security Training. [Section 3(10)(b)]
 They must be fluent in English. [Section 3(10)(a)]
 They must undergo a full criminal records check. [Section 3(10)(a)]

1
These groups were phased in between November 1, 2008, and November 1, 2009.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  31


2 – INTRODUCTION TO PRIVATE SECURITY

Standards for professional conduct


The standards for professional conduct encompass the following areas:
 Knowledge, skills, and qualities
 Professional appearance
 Professional deportment

KNOWLEDGE, SKILLS, AND QUALITIES


To be professional, SPs must:
 Obtain the required training and meet all licensing requirements.
 Be knowledgeable about the law, company rules and regulations, and
their own specific duties and responsibilities.
 Work effectively in a team setting to fulfil the client’s needs.
 Demonstrate respect for each other, the public, and clients.
 Treat everyone in an equitable, fair, and respectful manner.
 Assess people by their actions and not by their appearance.
 Be knowledgeable about and sensitive to groups and persons with
distinct or special needs.
 Act in a disciplined, honest, and ethical manner.
 Respect authority and instruction.
 Deliver quality service and avoid any behaviour that would constitute
negligence (e.g., not performing required duties; filing false reports;
leaving the workplace without permission; failing to act when
necessary, etc.).
 Respect the chain of command.
 Respect confidentiality.
 Abide by employment regulations on attendance, punctuality, etc.
 Maintain a positive attitude and find ways to continue improving job
skills, such as:
– Keeping abreast of relevant new knowledge, techniques, etc.
– Seeking and taking additional refresher training
– Reviewing their own performance periodically

PROFESSIONAL APPEARANCE
SPs must also maintain a level of personal appearance that is a credit to
the profession.

To project a professional appearance, SPs must:


 Be well-groomed.
 If required to wear a uniform, ensure that their uniform is clean,
complete, and neat.
 Have the appropriate equipment, all items of which should be in good
working condition.

32  Participant’s Manual  Province of British Columbia


2 – INTRODUCTION TO PRIVATE SECURITY

PROFESSIONAL DEPORTMENT
SPs must also maintain professional deportment, especially in their
dealings with clients and the public. The term “deportment” refers to the
way people conduct themselves. It includes both verbal and non-verbal
communication. Deportment is yet another way of projecting a professional
image.

Professional deportment can be described as follows:


 Correctly identifying yourself (including your function and main
concern, and the course of action that you would like the other person
to take)
 Producing your security worker licence/identification if requested
 Beginning every encounter in as low-key a manner as is safely possible.
A high-handed approach or an immediate display of force is
inappropriate and unprofessional.
 Clearly providing reasons for the request for compliance (unless
emergency action prevents such explanations)
 Using the appropriate tone and volume of voice
 Avoiding any behaviour or verbal communication that is defensive,
argumentative, or threatening
 Avoiding discriminatory and derogatory language and actions that are
racist, sexist, homophobic, etc.
 Avoiding sarcasm, inappropriate humour, and swearing
 Being able to ignore verbal abuse and avoiding any personal use of
profanities or obscenities
 Using no more force than is necessary
 Using discretion appropriately

Code of conduct
Section 14 of the SSR prescribes a code of conduct for SPs in BC. Under
this section, an SP must:
 Act with honesty and integrity
 Respect and use all property and equipment in accordance with the
conditions of his or her licence
 Comply with all federal, provincial, and municipal laws
 Treat all persons equally, without discrimination based on a person’s
race, colour, ancestry, place of origin, religion, marital status, family
status, physical or mental disability, sex, sexual orientation, age, or
economic or social status
 Not use profane, abusive, or insulting language or actions
 Not use unnecessary force
 Not engage in behaviour that is prohibited by law

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  33


2 – INTRODUCTION TO PRIVATE SECURITY

 Respect the privacy of others by complying with privacy legislation and


treating all information received while working as confidential, unless
disclosure is required as part of such work or by law
 Cooperate with police if it is required by law
 Not be unfit for duty, while working, through consumption of alcohol or
drugs
 Not conspire with another person or aid or abet another licensee to
contravene a provision of the Act or Regulation or a condition of a
licence
 Not wilfully or negligently make a false statement or false complaint
 Not misrepresent to any person the type or conditions of his or her
licence or the nature of his or her authority under the law

34  Participant’s Manual  Province of British Columbia


2 – INTRODUCTION TO PRIVATE SECURITY

Ethics
What is ethics?
The term “ethics” can be defined as “knowing the difference between good
and bad, and right and wrong; and recognizing one’s moral duties and
obligations.” Ethical standards require that people act in a manner that is
consistent with:
 A complete understanding of their legal authorities
 A complete understanding of their professional responsibilities
 A careful consideration of the facts of each situation

Virtually everything that an SP does could receive close scrutiny by peers


and superiors, and could also be reviewed by a court of law. Unethical
decisions could result in an SP losing his or her job, would reflect on
everyone else in the organization, and may even affect the organization’s
relationship with its clients and the public. The stakes are extremely high;
therefore, ethical behaviour in security work is an important consideration.

Ethical standards

MAINTAINING INTEGRITY
SPs are expected to act in a disciplined, honest, ethical, and non-
discriminatory manner. They must not engage in any unlawful or
unethical conduct. As persons in authority2, they must avoid situations
that would compromise their integrity.

HONOURING THE CLIENT’S/EMPLOYER’S TRUST


SPs must also honour the client’s/employer’s trust. An important way of
doing so is by respecting confidentiality and ensuring security of
information.
 SPs may have access to confidential information while working for
various clients. SPs and those to whom they provide service must
clearly establish the types of information that must remain
confidential, and SPs must adhere to these rules.
 Unless authorized to do so, SPs must not use computers or other
equipment at the locations in which they are providing service.
Accessing such equipment (whether for personal reasons or to access
client information) is a breach of trust, and is unacceptable conduct.

2
A person in authority is anyone who has responsibility for and/or power over others.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  35


2 – INTRODUCTION TO PRIVATE SECURITY

 If an SP will be working at a particular location for a considerable


length of time, a friendly working relationship may soon develop
between the SP and site staff. (This is, in fact, to be desired as a
positive relationship between the SP and staff will enhance the SP’s
ability to perform his or her duties.) If personal barriers are set aside,
staff may share valuable information with the SP. The latter should
keep this information confidential.

Ethical challenges
It is not always easy to behave ethically or with integrity. Considerable
pressure can be placed on a person to compromise his or her ethical
standards. Here are some challenges that SPs might encounter:

PEER PRESSURE
An SP can be subjected to considerable pressure from fellow workers who
choose to take shortcuts when completing their work. An unethical
employee might try to involve another employee in an illegal activity or
unethical practice. New employees often feel the need to be accepted by
veteran employees. In some cases, new employees are told that they should
never inform on another employee. This code of silence arises from an “Us
versus Them” attitude towards management and the public. This is an
unhealthy, unprofessional, and corrupting attitude.

INVISIBILITY OF ACTIONS
Many tasks performed by SPs are done away from the watchful eyes of the
organization and the public. For this reason, each SP must be responsible
for his or her own behaviour. He or she must also be watchful of other SPs
who might not share the same ethical standards. This is essential because
the integrity and reputation of the security operation rest on the shoulders
of each employee.

OPPORTUNITY
SPs often have unlimited access to many sensitive areas within a facility
and to the organization’s assets. SPs must be very careful never to give
company information to others or to use their position of trust to enrich
themselves unlawfully. SPs are also in a position to take advantage of
vulnerable people because of the SP’s position as an authority figure
(person in authority) in the community. An SP must not use his or her
authority to gain favours from others.

36  Participant’s Manual  Province of British Columbia


2 – INTRODUCTION TO PRIVATE SECURITY

RATIONALIZATION
Attempts to rationalize unethical acts are often based on arguments such
as, “the company’s profit margin is so high, they’ll never notice what I’ve
taken” or “I’ve worked long hours for the company with only a moderate
amount of compensation – I’ll take only what I deserve” or “everyone else
is doing it.” These attempts to justify unethical behaviour do not change
the fact that the acts are illegal or unethical.

For example, it would be unethical for an SP to receive preferential


treatment because of the position he or she holds. Retail store discounts
given “because of the uniform” or on the basis of the relationship between
the SP and store personnel are strictly forbidden. In such cases, there is
always a risk that the person who gives the discount or preferred
treatment will, at a later time, ask for a favour in return. The SP who gives
in to the request may be compromised.

FRUSTRATION WITH ORGANIZATIONAL PRACTICES


Many professionals who work with the criminal justice system become
frustrated with the way it operates. Some react to this frustration by
taking matters into their own hands. SPs might feel similarly frustrated
with the way their organization operates and might be tempted to take
shortcuts in their work. SPs must remember that they are held to high
standards of ethical behaviour because of the trust placed in them by the
organization.

REPORTING UNETHICAL BEHAVIOUR


If an SP becomes aware of unethical or illegal practices by a fellow
employee, the SP must inform the appropriate authority. Although this
might be a difficult step to take, remember:
 You have a legal and moral right to do your job, and that includes
identifying deceitful, unethical, and illegal practices committed by a
fellow worker.
 While you might not be able to prevent all deceitful, unethical, or illegal
acts by fellow employees, at least this particular case will not continue
if you report it.
 While a public scandal might develop, at least the public will be aware
that there was no cover-up.

Difficult as it might be, you are obliged to exercise leadership by reporting


unethical or illegal acts.

BASIC SECURITY TRAINING [Revised 2013] Participant’s Manual  37


2 – INTRODUCTION TO PRIVATE SECURITY

Exercise: Ethics and Professionalism


Work on the questions assigned to you by your instructor.

1. You are working at a nightclub. Your job is to monitor the entrance,


watching for minors and anyone who may be concealing alcohol. A
young female approaches the gate, and the entrance attendant allows
her to proceed into the venue. When you question the attendant, he
tells you not to worry because the young female is his girlfriend.

What should you do?

2. You are working on night shift, patrolling the local mall. During your
rounds along the exterior of the building, you notice that the dumpster
belonging to the electronics store is open. You stop to inspect the
dumpster and notice a DVD player still packaged in its box, sandwiched
between broken-down cartons. You deduce that this could be an
incident of internal theft: the offender probably hid the DVD player in
the dumpster, intending to pick it up later that night. Your personal
vehicle is close by.

What do you do?


a. Retrieve the DVD player and secure it in the Security Office, and
write a report which you will submit to the store manager in the
morning.
b. Let it be – it’s not your concern.
c. Sit in your vehicle and keep the dumpster under surveillance,
hoping to catch the perpetrator red-handed.
d. Retrieve the DVD player and place it in your own vehicle as no one
will ever know you took it.

38  Participant’s Manual  Province of British Columbia


2 – INTRODUCTION TO PRIVATE SECURITY

3. At an open-air concert downtown, a contract security company has


been hired to provide security and control the crowd. The lead act
comes on stage with their own bodyguards. The band plays and, just
before they finish, one of the contract SPs leaves his post to ask one of
the band’s bodyguards if he could get the lead singer’s autograph. The
bodyguard declines. The SP hangs around as he wants to talk to the
singer when she leaves the stage. The SP is unsuccessful because the
band members are quickly whisked away. The SP becomes upset.

What do you think about the actions of the contract SP?

4. You are on evening duty at a college campus. While patrolling the


student housing area, you hear the sound of smashing glass. You run
over to find a young male standing at the door of a housing unit. The
glass pane of a small window adjacent to the door is broken.

The male shows you his student ID and apologizes. He says that he left
his unit without his key and locked himself out. He decided to break the
small window so that he could reach the door latch and let himself in.
He says that he will report the damage to school officials first thing in
the morning. You document the incident in your notebook so that you
can prepare an incident report later. When you return to the office, you
realize that your shift is almost over and the relief SP is already there.

What do you do?


a. Sit down and write your report even though you know that you are
on overtime but won’t be getting paid for it.
b. Inform the relief SP about the incident and say that you will write
the report tomorrow evening when you come back to work.
c. Say nothing as the student will report the incident to the school
tomorrow.
d. Give the relief SP your notebook and ask him to write the report.

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Customer service
What is a customer service orientation?
As shown in the diagram below, SPs deal with a wide range of internal and
external customers. SPs should strive to interact in a positive and
respectful manner with these individuals and groups.

Employer

Regulatory Emergency
agencies services

Other SPs Security


and agency Professional Client
employees

Tenants Contractors

Client’s
customers
and the
public

A customer service orientation consists of several elements:3


 Appearance: Is the SP well-groomed and neatly attired?
 Demeanour: Is he or she courteous, friendly, and helpful?
 Problem-solving approach: Most of all, if a complaint is made or a
difficult situation arises, does the SP ask, “What can we do to resolve
this to our mutual satisfaction?”

For SPs, working from a customer service orientation means being fully
aware that, while they are indeed employed to protect people and property,
it is equally their role to serve and assist. Every organization will have its
standards and expectations regarding customer service. SPs must be aware
of and strive to meet those standards.

3
Adapted from Lake City Casinos, Casino Security Training Manual, p. 46.

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Respectful and bias-free relations with the public4


Canada and British Columbia have passed legislation to ensure that people
are protected from discrimination based on various grounds.5 Each person,
therefore, must be judged as an individual on the basis of his or her actions,
rather than on any of these characteristics.

RESPECTING MULTICULTURALISM AND DIVERSITY


Canada is a multicultural and diverse country. Every day we come into
contact with people who may be different from us in a variety of ways.
These differences could lead to conflict unless we are careful about making
assumptions regarding the motives and behaviour of others.

In this multicultural and diverse environment, SPs must be aware of their


values and beliefs, and recognize that these could affect the way in which
they interact with others. For example:
 An SP is providing security at a club that has a dress code. A person
comes to the door wearing formal attire from his country of origin, but
is not wearing a tie. The SP might be unsure about whether this person
has met the dress code requirement.
 An SP is working in a mall. Two men are walking hand in hand, and
people are looking at them questioningly. The SP might also wonder
about the men’s behaviour.
 The SP might belong to a culture which believes that looking a person in
the eye is a sign that one is telling the truth. In some cultures, however,
it is disrespectful for a young person to look an elder in the eye.

SPs must recognize, respect, and make room for individual values, beliefs,
and differences.

AVOIDING FALSE ASSUMPTIONS BASED ON BIAS AND


STEREOTYPES
SPs are responsible for acting in a professional manner, treating each
person as an individual with respect and dignity. To do this, the SP must
avoid making false assumptions that are based on bias and stereotypes.

Some definitions
Bias and stereotypes are at the root of most discriminatory actions. A bias
is derived from stereotypes that a person holds about others based on their
perceived membership in a group and in the absence of accurate
4
Adapted from material written by the BC Human Rights Coalition.
5
These grounds are race, national or ethnic origin, colour, religion, age, sex, sexual
orientation, marital status, family status, disability, and conviction for an offence for
which a pardon has been granted.

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information about them as individuals. Whether positive or negative,


biases can get in the way of objective judgement. A particular bias will
cease to exist, however, when the underlying stereotypes are challenged
and dispelled.

The term “stereotype” refers to internalized inaccurate beliefs about


people. Almost everyone makes assumptions about others. These
assumptions help us order our daily tasks and make it easier for us to
interpret our complicated world. We should, however, be prepared to
change or reject our assumptions if we become aware of information that
contradicts them. Assumptions become stereotypes when they are fixed,
inflexible, and distorted. When we think in stereotypes, we tend to
remember what reinforces our beliefs and ignore what contradicts them.

We all have stereotypes about people and groups. These beliefs are usually
based on images of other people that we have acquired in school, through
the media, or at home. The images become generalized to cover all the
people who could possibly be linked to that group.

Stereotypes create bias towards or away from members of particular


groups solely based on their membership in that group. Consider the
following statements:
 Chinese are good at math.
 Women are emotional.
 Muslims are terrorists.
 Aboriginal people are all on welfare.
 Gay men are all effeminate.
 Punk kids with mohawks, spikes, and chains are a menace to society.
 Asians are poor drivers.
 Canadians are polite.
 Poor people are lazy.
 White people are greedy and selfish.
 Aboriginal people are spiritual.
 Gay men are sensitive.
 White people are all Christian.
 Women are caregivers.
 Aboriginal people care about the land.
 Immigrants are hard workers.

As these examples show, stereotypes can be positive or negative. Because


stereotypes ignore individual differences, however, they can lead to
inaccurate judgements. In addition, stereotypes are often widely accepted
and are used to justify acts of discrimination. The term “discrimination”
refers to situations in which an individual or a group of people is singled
out and treated in an adverse manner that is different from how others are
treated. The adverse treatment usually withholds or limits access, or can

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impose burdens and obligations that are not imposed on others. The
discriminatory differences in treatment are due to characteristics
associated with an individual’s race, colour, religious belief, sexual
orientation, etc.

Take the following example: a person approaches a store and sees three
individuals. Looking at the group’s clothing and general physical
appearance, the person decides that they appear to be “dangerous.” This
person is making a stereotypical assumption based on the group’s physical
characteristics. He or she might decide not to enter the store at this time in
order to avoid placing himself or herself at risk. The assumption that the
person made may be correct; but it is also possible that he or she is wrong.
Whether right or wrong, however, the person’s decision to avoid the store
has no direct consequence to the group standing in front of the store.

A different scenario would develop if the person approaching the store is an


SP who, based on the physical characteristics of the group, chooses to
approach the three as if they were criminals. In this case, the three
individuals are being treated in a certain way based on their appearance.
This type of treatment has led to cries of “discrimination” or, in cases of
race, “racism.”

Difficulties associated with stereotyping and discriminatory


behaviour
SPs must be able to perceive and assess members of the public accurately. If
an SP relies on stereotypes rather than on reasonable suspicion, he or she
may be unable to assess a situation properly and respond appropriately.
Focusing on irrelevant factors can lead to poor decisions, which in turn could
cause the situation to escalate. (Research has shown that people who
reasonably believe that they are being stereotyped find this experience
upsetting and may react in an angry or verbally aggressive manner.)

Following are some difficulties associated with stereotyping and


discriminatory behaviour:
 Decisions that are not based on fact may lead to a loss of trust.
 Acting on false assumptions may raise safety issues and associated legal
issues, including charges of discrimination.
 Negative expectations may lead to a failure of interaction.

Loss of trust
Decisions that are not based on facts are poor decisions and could be
subject to a review by the court. The integrity of the SP and the reputation
of his or her organization could be seriously jeopardized if it can be shown
in court that the SP made stereotypical assumptions about certain people
based on faulty or incomplete information. The reputation of a person or of

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an organization is invaluable. In the security industry, business is founded


on trust, and a good reputation once lost is not easily re-established.

Safety considerations and associated legal issues


SPs who act on false assumptions leave themselves open to verbal and/or
physical attacks by the targeted individual. In some cases, legal counsel for
the targeted individual might attempt to justify his or her assaultive
behaviour by invoking the Canadian Charter of Rights and Freedoms,
which upholds the right of each person to be free from unusual
interference by authorities. The relevant provisions of the Charter are:
 “Everyone has the right to life, liberty, and security of the person and
the right not to be deprived thereof except in accordance with the
principles of fundamental justice.” (Section 7)
 “Everyone has the right to be secure against unreasonable search and
seizure.” (Section 8)
 “Everyone has the right not to be arbitrarily detained or imprisoned.”
(Section 9)

These sections can be invoked after the fact to justify the assaultive
behaviour of the “suspect.” Take the following example: an SP wrongfully
believes that he or she has the right to search an individual. The SP tries to
search the person and is subsequently attacked by that individual. Assault
charges against the latter could be dismissed by the courts because the SP
violated Section 7, 8, or 9 of the Charter. SPs must, therefore, make
decisions based on facts, not assumptions, and must be able to support
these facts in court if necessary. (For more information about the SP’s
powers and limitations under the law, see page 118.)

Failure of interaction
Sometimes we make assumptions about a person based on experiences we
have had with others who “look like” the person we are dealing with at
present. When we stereotype people in this way, we might expect them to
behave “just like those others did.” Such assumptions are dangerous. While
certain values and beliefs may be held by one or more individuals in a
group (e.g., a cultural or ethnic group), those values are not necessarily
shared by everyone who belongs to that group. SPs must respect each
person as an individual and must avoid judging a person on the basis of the
SP’s experiences with others. Each situation must also be judged on its own
merits. SPs who bring negative expectations to their encounters with others
could very well cause those interactions to fail.

Resisting stereotypes
In order to resist stereotyping, SPs should:
 Treat all individuals with respect.
 Assess all individuals according to their actions.
 Recognize and challenge the stereotypes they themselves hold.

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 Keep an open mind.


 Pursue quality contacts with others.
 Know the community in which they are providing security.
 Be professional at all times and maintain the public’s respect.

KNOWING YOUR PUBLIC


Getting to know the people one serves is an effective way of challenging
stereotypes.

People of differing race, colour, ethnicity, ancestry, religion, or


place of origin, etc.
By 2017, racial minorities will make up 20% of the Canadian population. In
fact, by then the majority of the people living in Vancouver will be members
of minority groups. Many of these groups have been the object of
institutional racism, racial profiling,6 and hate crimes.

SPs must always use the utmost respect in dealing with people. They must
base their response on the individual’s behaviour in the present situation,
and not on any personal experiences, biases, or stereotypes. In addition, if
an SP witnesses a crime where hatred against a certain group appears to
be a motivating factor, the SP must provide this information to the police.7

Persons with disabilities8


In the course of their duties, SPs will most certainly encounter persons
with disabilities. SPs must deal with these individuals (as with others) in a
respectful, non-condescending, and non-discriminatory manner.

6
The term “racial profiling” is defined by the Ontario Human Rights Tribunal (2003) as
“any action undertaken for reasons of safety, security, or public protection that relies on
stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin … rather
than reasonable suspicion to single out an individual for greater security or different
treatment.”
7
According to the Criminal Code, “a hate/bias crime is a criminal offence committed
against a person or property which is motivated by the suspect’s hate, prejudice or bias
against an identifiable group based on race, national or ethnic origin, language, colour,
religion, sex, age, mental or physical disability, sexual orientation or any other similar
factor.”
8
The terms “disability,” “impairment,” and “handicap” are often interchanged. They do,
however, have different meanings. “Impairment” refers to the medical condition (an
actual injury, disease, or other disorder) that produces a reduction in physical or mental
function. “Disability” is the restriction in a person’s functional capacity that results from
an impairment. “Handicap” describes the difficulty an individual may have functioning in
an environment. For example, damage to the spinal cord (impairment) brings loss of
movement of lower limbs (disability), leading to the impossibility of entering a building
with stairs (handicap). These definitions are accepted by the World Health Organization.

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The terminology used to refer to people with disabilities has changed over
the years, as have the legal rights of those with disabilities. Today, we put
the person before the disability as in “persons with disabilities,” or a
“person with a hearing impairment,” a “person with limited mobility,” a
“person with a mental illness.” Use of derogatory language is inappropriate
and unacceptable.

Persons with disabilities have the same general legal rights and
responsibilities as other members of society, and must be considered and
treated as full and equal members of society. Service is inappropriate if it
doesn’t provide persons with disabilities the same level of dignity, respect,
and quality as that which an able-bodied person would receive. For
example, refusing a person with a visual impairment access to a store
because he or she uses a guide animal is not appropriate and could form
the basis for a human rights complaint.

Two concepts that SPs must understand in this context are:


 Accommodation
 Accessibility

The term “accommodation” means striving to build inclusive environments


that respect differences and rights. The “duty to accommodate” is a legal
requirement arising out of human rights legislation and case law in
Canada. Accommodation seeks to eliminate barriers, standards,
requirements, practices, policies, and rules that adversely affect people on
the basis of grounds (such as, disability, gender, religious belief, etc.) that
are listed in human rights legislation.

For example, if a person’s capabilities are restricted due to a disability, a


reasonable accommodation, such as providing an alternative entrance, may
be required in order to allow that person access to a particular service.
Another example would be allowing a person with a visual impairment to
enter a store with a guide animal, even though the store has a No Pets
Allowed rule. Accommodations of this nature require common sense and a
degree of flexibility. It does not mean providing special treatment, but
simply “levelling the playing field” to enable the full and equitable
participation of all members in society.

The term “accessibility” refers to another way of levelling the playing field
for people with disabilities and other members of society. Today, many
public spaces and services strive toward universal accessibility. Designated
parking spaces, ramps, elevators, widened corridors, and designated
washroom stalls are all examples of incorporating accessibility standards
into the design and construction of facilities. SPs may be asked to ensure
that able-bodied people do not violate or infringe on these arrangements.

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SPs will likely encounter people with various types of disabilities. While
SPs are not expected to have specialized knowledge about every condition,
it’s important not to generalize, stereotype, or make assumptions about
persons with disabilities. SPs must be aware that certain symptoms
associated with an illness or disease (such as, slurred speech, unsteady gait,
red eyes, open sores, etc.) could be mistaken for signs that the person is
intoxicated or has a contagious disease. People who have suffered a stroke
often have slurred speech and an unsteady gait, and people who suffer from
allergies often have red eyes. Other symptoms (such as, delusion, paranoia,
and fear) are sometimes seen in persons with mental illnesses.

SPs must also recognize that various forms of poor, inappropriate, and
sometimes aggressive behaviour are often a symptom of a disability, rather
than an indicator of illegal activity. If the SP’s response and interaction are
based on an understanding that the person has a disability and/or may
require a medical intervention, the SP would be more likely to ensure that
the dignity of the person is upheld.

Here are some suggestions for positive interactions:


 Don’t make assumptions about what type of disability a person has.
Some disabilities are not visible. Take the time to get to know what a
person’s needs might be.
 If you’re not sure what to do, ask, “May I help you?”
 Be patient. People with some kinds of disabilities may take a little
longer to understand and respond to what you are saying.
 If you can’t understand what someone is saying, just politely ask again.
 Ask before you offer to help: don’t just jump in. Your customers with
disabilities know if they need help and how you can provide it.
 Look at your customer, but don’t stare. Speak directly to a person with
a disability, not to his or her interpreter or companion.
 Use plain language and speak in short sentences.
 Don’t touch or address service animals: they are working and have to
pay attention at all times.
 Ask permission before touching a wheelchair or a piece of equipment.

People with mental illnesses


Depending on the worksite, SPs may encounter people who suffer from
mental health conditions. While these situations call for more specialized
training and the development of appropriate response procedures, there
are a few important points that SPs should keep in mind.

Generally speaking, many people who suffer from mental health conditions
are becoming increasingly criminalized, especially in large urban areas.
This is due to a number of factors, including the lack of adequate health
care resources/programs, housing options, and proper community response

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protocols, as well as stereotypes that portray persons with mental illness as


antisocial, criminal, violent, and dangerous.

SPs must be aware that various forms of poor and inappropriate behaviour
are often a symptom of a disability, and should not be automatically seen
as proof of illegal activity. If the SP’s response to these individuals is based
on an understanding that the person has a disability and may require a
medical intervention, the SP is more likely to ensure that the dignity of the
person is upheld. (Resource materials on interacting with persons with
mental illness are provided on page 231.)

Young people
SPs often come in contact with young people, ranging from infants to
young adults. Regardless of age, everyone is entitled to respect and
consideration. In some cases, this will require patience and understanding
on the part of the SP.

Very young children might be confused about the role of the SP. To a child,
an SP might be indistinguishable from a police officer. Depending on how
the child was raised, he or she could react with respect or fear. SPs should
attempt to reassure those who show fear or uncertainty. They should avoid
towering over children because the difference in height could cause the
child to feel intimidated. An SP could easily crouch or kneel when speaking
with very young children.

Adolescents are more aware of the differences between an SP and a police


officer, and at times might try to test the SP’s authority. SPs must know
the limits of their authority and not overstep their bounds when dealing
with youth who wish to test them. SPs must also remember that young
people are entitled to all the protections afforded all persons under the
Canadian Charter of Rights and Freedoms and other anti-discrimination
legislation, and are also given additional protection under the Youth
Criminal Justice Act, which applies to any young person (12-17 years old).

Occasionally the SP and the young person might be close in age, and it is
possible that one, or both, might be attracted to the other. Should this
occur, the SP must avoid any inappropriate behaviour. As a person in
authority, the SP’s actions would be the subject of great scrutiny. It would
be best, therefore, to avoid any impropriety.

Many of the concepts, definitions, and obligations discussed above with


regard to respectful and bias-free relations with the public relate to
standards imposed through provincial and federal human rights legislation.
More information on human rights legislation is provided on pages 88-90.

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Dealing with the media


When people hear the words “the media,” they might think only of those
involved in collecting information on the rich and popular, paparazzi
taking pictures of the famous and the infamous, and grocery store
magazines with many articles composed of half-truths and fantasies. These
images represent only a part of the media and journalism. The majority of
people involved in the media industry take their work very seriously. They
believe that it is their responsibility to collect and disseminate information
to the public, and they sometimes do so at great personal risk.

The Canadian Charter of Rights and Freedoms, the federal Privacy Act, the
provincial protection of privacy legislation, and other laws help define the
freedoms, limitations, and obligations of the media. A balance must be
struck between providing information to the public and protecting the
rights of individuals and of society as a whole.

When media representatives arrive at a scene, they try to collect as much


information as possible. They might perceive the SP as an important
source of information. The SP may very well have key information that will
tie a story together, but he or she could also become the story. It is easy to
fall into the trap of saying the wrong thing or saying more than one
intended to. When the piece is presented on the news, it could sound and
look quite different from what one intended.

SPs must abide by the employer’s/client’s policies regarding media and


public relations. The SP’s primary responsibility is to protect his or her
client’s/employer’s interests. It is not advisable for SPs to respond to
questions posed by the media. Instead, SPs should refer anyone who seeks
information to representatives of the SP’s employer/client.

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Exercise: Customer Service Skills


Work on the questions assigned to you by your instructor.

1. While conducting an exterior patrol of the local hospital, you are


approached by a distraught woman. She is holding a young child who is
bleeding from the nose and mouth. The woman has some difficulty
communicating with you as she speaks only a little English. She
obviously needs to take the child to the ER.

How would you tell the woman where the ER is?

2. While on community patrol, you are approached by a tourist asking for


directions to the local shopping area.

What are some options you could use to provide the best information to
the tourist?

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3. As a doorperson at a busy nightclub, you are approached by an


intoxicated person wanting to enter your establishment. The person is
cooperative and calm but needs to go home rather than enter the
establishment.

How can you help this person?

4. The bank has just been held up. You are the SP working at the location,
and have been communicating with the police, assisting them with the
witnesses and controlling the bank entrance. A media person
approaches you at the door and asks, “What happened?”

a. How should you respond?

b. Would you allow the media inside the bank to speak to the
manager? Why or why not?

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5. You are working a weekend evening shift at the mall. The crowd is
mostly young people, who congregate around the movie theatre and the
food court. The post orders for the day indicate that you are to break up
any large groups of young people.

a. Do you think this post order discriminates against young people?


What assumptions does the order make about all young people?

b. As written, the order instructs you to break up groups of young


people regardless of whether they are violating laws, rules, or
standards. How could the order be revised so that it does not
discriminate?

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6. It is the end of your shift at the mall. You observe an Aboriginal man
walking unsteadily, going around in circles. He looks confused. You
approach him and ask, “Can I help you?” He replies, “Why are you
asking? I’m fine. I’m looking for a way out of the mall.” You guide him
to the nearest exit.

Although this interaction went well, it could also have gone wrong.
How could have the interaction gone wrong?

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The Security Function

The Latin word for security is “securus.” Loosely translated, this means
“safe or free from danger.” At its most basic, the function of a security
professional is to protect people, property, and information.

Public and private security


The security industry is divided into two major divisions:
 Public security, which is provided by the police and other law
enforcement and regulatory agencies, and is funded by taxes
 Private security, which is provided by SPs and is privately funded

Public security
The term “public security” refers to police services provided to the public
by municipal, provincial, and federal government agencies. The police are
responsible for preventing and detecting crime, and apprehending
offenders. Their primary objectives are to preserve and protect life and
property, and to enforce the law. Police forces have wide-ranging powers
and a history of service recognized by the public.

The police should always be called if a crime has been committed. To fulfil
their mandate, they require the willing assistance of the public and of
private SPs. Fortunately for the police, private security is available in
many private and public locations.

On occasion, the police will be required to attend locations patrolled by


SPs. The police may enter private property when:
 Responding to a call from an SP, property owner, or customer
 Executing a warrant to arrest9 or to search people or property
 In fresh pursuit of a suspect
 Responding to a crime in progress
 Responding to an emergency (e.g., assaults in progress, domestic
violence, suicide attempts, robberies, hostage taking, bomb threats) in
order to preserve or protect life or property

9
There is no statutory definition of the term “arrest.” It has been established, however,
that an arrest occurs when a person deprives another person of his or her liberty either
temporarily or permanently.

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Private security
The term “private security” refers to measures taken by individuals,
groups, and corporations to protect their private interests – company
material, equipment, facilities, information,10 and, most importantly,
personnel. There are two types of private security operations:
 Contract security
Provided by companies who sell their security services to clients.
Contract security companies operate as businesses. Often, several of
these companies bid for the business of a particular client.
 In-house security
Also referred to as “proprietary security.” This type of security
program is developed and operated exclusively for a company’s own
use. Large organizations may have in-house security to protect their
assets and operations.

Both in-house and contract security personnel may take on a wide variety
of assignments. These include:
 Alarm monitoring and alarm response
 Use of guard dogs (K9)
 Mobile patrol
 Static/site security
 Special events security (e.g., fairs, rodeos, concerts, etc.)
 Loss prevention
 Dispatch
 Concierge (door supervisors)
 Executive protection/VIP security

SPs must be familiar with and abide by the licensing requirements stated
in the SSA and SSR. (For more information on these requirements, see
page 110.)

10
The protection of ideas and information has become an increasingly important aspect of
private security. Ideas and information (especially about products being developed) are
valuable commodities and therefore might be stolen or compromised.

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Role of the SP
Core function
Both in-house and contract security personnel are expected to protect
people and property from various types of hazards:

Type Examples
Hazards due to  Crimes against persons, such as robbery and assault
human actions  Crimes against property, such as theft, mischief, break and
enter
 Sabotage or corporate espionage
 Civil disturbances, such as acts of civil disobedience, legal and
illegal picketing by employees, public protests against the
company
 Accidents
 Medical emergencies
 Environmental disasters
Environmental  Fire
hazards  Windstorms
 Floods
 Wild animals
 Earthquakes and other acts of nature
 Environmental disasters

With respect to hazards resulting from human actions, the SP may take on
the following roles:
 To reduce the opportunity for crime
 To assist the police with information during the investigation of a crime
 To implement the company’s emergency preparedness plan in the event
of an environmental disaster
 To assist the company’s health and safety officer/First Aid attendant in
the event of an accident or medical emergency
 To perform safety checks/audits (e.g., burnt-out lights, maintenance
hazards, etc.) and to correct or take steps to correct any safety or
security hazards

When protecting against environmental hazards, the SP’s main role is to


identify and prevent situations that would put the client/company at risk.

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Forms of protection provided


SPs perform functions that can be categorized as either static or patrol-
oriented. Static duties are activities that the SP performs from a single
place, usually a fixed post or location, such as a gate-house or the entrance
to a building lobby. Patrol duties are activities that the SP performs within
a specific location, building, and/or complex, and may include foot, vehicle,
or bike patrols on a given route to observe conditions.

The SP’s primary goal is the identification and prevention of situations


that might put the client at risk. This is achieved through the following
tasks:
 Building and perimeter protection, and theft prevention through
patrols, lighting, intrusion and access control systems (e.g., alarm and
surveillance systems, gates, vehicle impact guards), etc.
 Fire prevention and control, and emergency/disaster response as
stipulated in the company’s emergency plan
 Accident prevention
 Safety protection
 Enforcement of rules, regulations, and policies

General duties
In summary, SPs are generally responsible for the following:
 Protecting buildings and grounds (including all contents, occupants,
customers, and visitors) by enforcing rules and regulations related to
security at the location, and directing both foot and vehicular traffic in
and around the location
 Being familiar with all relevant special and general orders
 Supervising and enforcing all systems designed to monitor or identify
personnel and vehicles entering the location
 Conducting inspections of packages and vehicles as required
 Controlling the movement of people, products, and vehicles into, out of,
and within the location
 Conducting and reviewing safety inspections of all areas of the location
 Maintaining the safe and orderly operation of the location (preventing
disruptions to the business; mitigating risks that could affect the day-
to-day operation of the facility)
 Recording information pertaining to the security of people, products,
and vehicles, and reporting this to the security supervisor or, where so
designated, the client’s representative

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Incident response
When performing their duty to protect people and property from hazards,
SPs may need to respond to a variety of occurrences, such as a violation of
company policy, some suspicious circumstances, an illegal activity, an
emergency, or a threat from a hostile individual. What should SPs do in
such cases?

BASIC STEPS
Incident response involves four basic steps, which must be taken in the
correct sequence:
 Step 1 – Assess
 Step 2 – Plan
 Step 3 – Act
 Step 4 – Re-assess

ASSESS PLAN
SITUATION

ACT

SPs must begin assessing the situation at the earliest possible instance and
continue assessing all throughout the incident. For example, if an SP were
notified of an incident (e.g., a fire or other emergency, an attempted
assault, etc.), he or she should assess the situation at the following points:

1 When the call is first received


(The SP must gather as much information as possible.)
2 While en route to the scene
3 Upon arrival at the scene
4 During the first approach
5 While entering the immediate scene
6 While on scene
7 While exiting

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SPs should develop a plan of action based on their assessment, and take
action by implementing that plan. They must constantly re-assess the
situation in order to detect changing risks and potential problems in a
timely manner and respond effectively to them. The cycle continues until
the situation is resolved. (Information specifically about assessing incidents
that involve hostile individuals is provided in Segment 5.)

PROTECTING THE INCIDENT SCENE/EVIDENCE


The scene of an incident and any evidence11 in it must be safeguarded.
Evidence can take different forms:
 Objects or items related to an offence
 Statements made by victims, witnesses, or suspects
 Documents, such a driver’s licence, credit card receipts, invoices, etc.

Here are some guidelines for SPs to follow at an incident scene:


 Do not touch anything.
Do not contaminate the scene by either intentionally or accidentally
touching anything. If a serious offence has been committed, the scene
will be examined by a forensic team who will be looking for extremely
small pieces of evidence, such as hair and fibre samples. An SP can easily
disturb these small pieces of evidence simply by walking inside the area.
 Secure the area and limit access.
Limit access to the incident scene. If a serious crime has occurred,
prevent any further contamination of the scene until police and forensic
teams arrive. If someone inside the crime scene needs medical attention,
approach the individual carefully, using the outside sections of the area.
It must be assumed that the suspect(s) entered and exited the area
through the most direct route, and it is along this route that hair, fibre,
and body fluids might be located. If there is more than one entrance to
the scene, other SPs should be posted at these entrances to prevent
unauthorized and unnecessary access to the scene until the detectives or
forensic specialists arrive.
 Note any changing conditions.
Immediately note any changing conditions, such as smoke, odours,
running water, doors closing, etc. In addition, note any unusual
arrangements of furniture, and objects that are “out of place”
compared to the last time the particular location was viewed.
 Make a detailed record.
Keep an accurate record of all people who enter or exit the area,
including police, ambulance attendants, firefighters, supervisors, etc.

11
Evidence is any “testimony, writings, material objects, or other things presented to the
senses that are offered to prove the existence or non-existence of a fact.” (Black’s Law
Dictionary)

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After an incident has occurred, an SP might have to interview the


complainant or victim, any witnesses, and possibly someone suspected of
having committed an offence. Interviewing and taking statements are tasks
that require specialized skills and additional training.

IN CASE OF AN EMERGENCY …
Knowing what to do during an emergency is a key responsibility of the SP.
Each company or location will have policies and procedures for
emergencies that SPs will be expected to follow. They are responsible for
being familiar with and abiding by these directives.

Here are some examples of emergency situations that might arise:


 Fires
 Medical emergencies
 Severe weather/environmental disasters
 Chemical spills
 Radiation release
 Utility failure
 Structural failure

When an emergency occurs, SPs must ask themselves these questions:


 Does this situation have the potential to impact the client’s/employer’s
facilities and personnel?
 How should I respond so as to minimize or prevent loss?

SPs must implement the procedures prescribed by the client/employer for


these situations. An important initial step in any emergency is to notify the
local emergency response services, the client, and the SP’s supervisor
immediately. (The sequence in which these parties must be notified is
stated in the organization’s emergency response plan.) On page 237 are
some general guidelines for various types of emergencies.

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Emergency Services and Regulatory


Agencies

Agency roles and responsibilities


While performing their duties, security professionals will come into contact
with and possibly need to assist representatives of various emergency
services and regulatory agencies. For these interactions to succeed, SPs
must be familiar with the roles that these agencies and organizations play.

Emergency services

Agency Role
Police Prevent and detect crime, and apprehend offenders.
Their primary objectives are to:
 Preserve and protect life
 Preserve and protect property
 Enforce the law
Fire Provide fire response and emergency medical
response services
BC Ambulance Service Provide emergency medical response services

Other emergency services that security professionals might encounter on


the job include the SPCA and Emergency Social Services.

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Regulatory agencies

Agency Role
Security Programs and Police  Issues (and may revoke) licences for
Technology Division, Ministry of security businesses and individual SPs
Public Safety and Solicitor General  Conducts regular inspections and
(now known as the Security investigates public complaints against SPs
Programs Division, Ministry of and/or security businesses
Justice)  Administers legislation and develops
programs for the purpose of public
safety, including the SSA, which regulates
the private security industry
WorkSafe BC  Promotes the prevention of workplace
(formerly known as the Workers’ injury, illness, and disease
Compensation Board of BC)  Receives injury/incident/accident reports
 Conducts inspections and investigations
Liquor Control and Licensing  Issues licences for making and selling
Branch liquor (either by the glass or bottle) and
supervises the service of liquor in licensed
establishments
 Conducts inspections
Office of the Fire Commissioner  Administers and enforces fire safety
legislation
 Conducts fire investigations and
inspections
 Responds to major fire emergencies
Ministry of Forests, Lands, and  Protects and manages the forest, land,
Natural Resource Operations and natural resources of the province
 Conducts inspections and investigations
Ministry of Environment  Protects, manages, and enhances the
province’s natural environment
 Conducts inspections and investigations
Ministry of Health  Guides and enhances the province’s
health services to support the public in
their efforts to maintain and improve
their health
 Conducts inspections
Gaming Policy and Enforcement  Regulates all gaming in British Columbia
Branch  Conducts inspections and investigations
Fisheries and Oceans Canada  Develops and implements policies and
programs to ensure safe and accessible
waterways, healthy and productive
aquatic ecosystems, and sustainable
fisheries and aquaculture
 Conducts inspections and investigations

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Agency Role
Port Authority  Facilitates the movement of cargo and
passengers
 Conducts inspections and investigations
Municipal government  Enforces municipal bylaws

These agencies have legislated powers to enter private property under


certain conditions.

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Role of the SP
Interacting with emergency services
SPs will routinely be in contact with emergency services personnel. For
example, the SP may need to provide a police officer with details of a
criminal offence related to the property and/or have officers attend the
location in response to various centrally monitored alarms. SPs and
emergency services personnel must work at establishing positive
relationships because each depends greatly on the other.

Security personnel should develop and implement a plan for professional


contact and interaction with emergency services. The plan should include:
 Strategies for cooperating with emergency services personnel
 Guidelines on how and when these agencies should be called for help
 Guidelines on what SPs should be prepared to do when emergency
services personnel visit the location

All interactions must be documented in the SP’s notebook. (For more


information on note-taking, see page 166.) The following data should be
recorded in the notebook:
 Emergency services personnel’s name, rank, and badge (personal
identification) number
 Incident or case file number (assigned to the case by the agency)
 Specifics of the information provided by the SP to emergency services

This information should also be documented in any subsequent reports the


SP prepares. (For more information on preparing reports, see page 174.)

In some cases, emergency services personnel might ask the SP for a copy of
the latter’s investigation report. In these cases, the SP must follow the
company’s policy regarding disclosure of reports. In most cases, agency
personnel ask only for information that can be relayed to them verbally but
seek a written version of the incident for their own report. A difficulty
occurs when the SP’s report contains confidential information about the
company. Handing this information directly to the emergency services
personnel without first being aware of the company’s policy can seriously
jeopardize the relationship between the client and the security firm as well
as the client’s right to privacy.

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Interacting with representatives of regulatory


agencies
When dealing with representatives of regulatory agencies, SPs must:
 Clearly identify themselves as SPs.
 Be professional.
 Keep the client’s policies and interests in mind.
 Assist the agency representatives where possible.
 Avoid interfering with the agency’s process and function.
 Document the interaction.

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Exercise: Public Perceptions

How do you think the public perceives security professionals? In the space
provided below, list both positive and negative perceptions.

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Exercise: Self-Assessment

1. What images come to mind when you imagine yourself working as an


SP? What roles do you think you would play?

2. What strengths do you possess that will help you perform the job of an
SP in a safe, effective, and professional manner?

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Segment 2 Review Exercise

1. List three characteristics of a professional.

a.
b.
c.

2. The standards for professional conduct encompass three areas. What


are they?

a.
b.
c.

3. What does the term “deportment” mean?

4. What does the term “ethics” mean?

5. What are the three elements of a customer service orientation?

a.
b.
c.

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6. What is a bias?

7. What is a stereotype?

8. List three things that SPs can do to resist stereotyping.

a.
b.
c.

9. What should SPs do if they are asked questions by the media?

10. What is the difference between public and private security?

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11. Give five examples of assignments that SPs could take on.

a.
b.
c.
d.
e.

12. What is the core function of security personnel?

13. Give three examples of hazards caused by human actions.

a.
b.
c.

14. What are the steps in the incident response process?

15. List four guidelines that SPs must keep in mind at an incident scene.

a.
b.
c.
d.

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16. Aside from fires, what other emergency situations might SPs encounter
on the job? Give three examples.

a.
b.
c.

17. Which agencies provide emergency medical response services?

18. What is the role of the police?

19. List five regulatory agencies that SPs might come into contact with in
the course of their work.

a.
b.
c.
d.
e.

20. Which agency is responsible for issuing licences to security businesses


and individual SPs?

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21. All interactions with emergency services must be documented in the


SP’s notebook. What data should be recorded?

a.
b.
c.

22. Name three things that SPs must do when dealing with representatives
of regulatory agencies.

a.
b.
c.

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3 – Legal Issues
3 – LEGAL ISSUES

Learning Objectives

 Define “law” and state the function of law.

 List the federal and provincial laws that provide a legal framework for SP duties
and powers.

 Explain the purpose of the Canadian Charter of Rights and Freedoms.

 Explain the SP’s responsibilities and limitations under the Charter.

 Explain the impact of human rights legislation on the SP’s performance of his or
her duties.

 Define key terms used in reference to criminal offences.

 Identify the essential elements of common offences.

 Explain the provisions of the Security Services Act and Security Services
Regulation that have a direct impact on SPs.

 Identify other legislation that have a direct impact on SPs.

 Describe the SP’s powers and limitations under the law.

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Introduction to Law

Security professionals are an important part of the justice system. As such,


they must be familiar with the justice process and with the laws that have
an impact on the way they perform their duties. They must know their
rights and responsibilities as part of the justice system, and must also keep
up-to-date on recent changes to law and procedure.

What is law?
The word “law” means different things to different people. What one
believes about the law depends on influences such as cultural background,
family and religious beliefs, and personal experience. For example,
someone from a country with a repressive government might consider the
law as a weapon for discovering information that can be used against
people. On the other hand, someone who was saved by a police officer from
being attacked in an isolated area might feel that the law is a trusted
protector.

In this course, the term “law” is defined as “a body of rules that regulate
the members of society, making it possible for many different people with
many different interests to relate to each other in an equitable and orderly
way.”

To achieve this goal, the law does the following:


 It sets out the rights, privileges, and duties of individuals,
organizations, and governments.
 It defines how the Canadian government is set up and how it works
(e.g., the Constitution Act).

There are two branches of law:


 Criminal law
When asked to describe what laws are, many people usually think of
criminal law. Criminal law deals with criminal offences or “crimes.” In
Canada, the term “crime” refers to acts or omissions that violate
federal laws (e.g., those set out in the Criminal Code and other laws,
such as the Controlled Drugs and Substances Act.) Under Canadian
law, a criminal offence differs from offences against provincial or
municipal laws. SPs must be aware of the differences between these
types of offences. They will sometimes have to use their powers of
arrest as private citizens, and to avoid being charged with false arrest,
SPs must know when they may and may not arrest a person. As

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subsequent sections will explain, an SP may arrest only those persons


who are committing a criminal offence. (More information on criminal
offences, particularly those that SPs might encounter on the job, is
provided in the section that begins on page 95.)
 Civil law
This branch of law regulates the relationships between individuals or
groups. Cases dealt with under civil law usually involve persons or
groups being found liable for something and being ordered to pay a sum
of money to another person or group as a form of restitution. For
example, if a customer slips, falls, and is injured in a store due to
negligence on the part of the storeowner, the case could be dealt with
under civil law.

Criminal law and civil law are also referred to as “statute law” because
decisions on cases are based on enacted legislation (statutes). In contrast to
statute law, “common law” relies on court decisions, which are recorded in
law reports. In these decisions, judges lay out the reasons for their
findings. Under common law, the outcome of a current case depends on
decisions made in previous cases, and may affect the law that will be
applied in future cases.

Some cases may be covered under both criminal and civil law (for example,
incidents of wrongful arrest or the use of excessive force). The standard of
proof is higher for criminal cases. An SP who commits an offence (e.g.,
wrongful arrest) could be found free of criminal liability but could still be
held liable under civil law.

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Legal framework for SP duties and


powers
SPs perform a variety of duties depending upon their assignment. The
legal framework for those duties – and for the powers required to perform
them – consists of the following federal and provincial laws:
 Canadian Charter of Rights and Freedoms
 Human rights legislation
 Criminal Code
 Security Services Act
 Privacy legislation
 Safe Streets Act
 Trespass Act
 Residential Tenancy Act and Commercial Tenancy Act
 Occupational Health and Safety Regulation
 Occupiers Liability Act
 Good Samaritan Act
 Youth Criminal Justice Act
 Mental Health Act
 Liquor Control and Licensing Act
 Tobacco Control Act

SPs perform an extremely important function in society.


However, SPs in BC have no special powers or authority
beyond those of ordinary citizens.

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Canadian Charter of Rights and Freedoms

Security professionals must be aware of the rights and freedoms described in


the Canadian Charter of Rights and Freedoms. Every person in Canada –
even someone suspected of or caught committing an offence – is guaranteed
these rights by the Charter.

What is the Charter?


The Charter is Part I of the 1982 Constitution Act and sets out the
fundamental rights and freedoms of Canadians. It is part of the supreme
law of Canada, which means that everyone – even the government – must
obey it. If the Supreme Court decides that a legal decision or government
action goes against constitutional principles, it has the power to strike
down that decision or action.

As cases are tested against the Charter, the law changes to reflect its
principles more accurately. The following section outlines the Charter
principles that have the most impact on the work of SPs. However,
Canadian law will continue to change with each new judicial
interpretation, and SPs must keep up-to-date on how these changes will
affect their duties and responsibilities.

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Key sections
Section 1 – Guarantee of rights and freedoms
Section 1 states:

The Canadian Charter of Rights and Freedoms guarantees the rights


and freedoms set out in it subject only to such reasonable limits
prescribed by law as can be demonstrably justified in a free and
democratic society.

The Charter guarantees the rights and freedoms set out in it; however, it
also acknowledges that the law can prescribe some “reasonable limits” to
these rights and freedoms, but only to the point that the restrictions are
reasonable and can be demonstrated to be justified.

What makes a restriction reasonable and justified is decided on by the


courts based on the facts of a case. For example, it has been considered
reasonable and justified to restrict the granting of drivers’ licences in BC to
those who are at least 16 years old. Our society seems to agree that those
under the age of 16 are not mature enough to deal with the responsibilities
associated with operating a motor vehicle.

Section 2 – Fundamental freedoms


Section 2 states:

Everyone has the following fundamental freedoms: (a) freedom of


conscience and religion; (b) freedom of thought, belief, opinion and
expression, including freedom of the press and other media of
communication; (c) freedom of peaceful assembly; and (d) freedom of
association.

One question that arises in the context of Section 2 is whether the rights of
one group can be allowed to infringe upon those of another. Ideally they
should not, but in reality, they sometimes do. SPs could find themselves
caught between opposing camps, but knowledge of the larger Charter
issues will help them avoid nasty confrontations.

For example, suppose a person were standing on public property in front of a


store, yelling and screaming that the company is “making obscene profits.”
This person might technically be committing a breach of the peace or a
criminal offence (e.g., causing a disturbance). However, an SP who is aware
of the “big picture” would realize that this person is on public property and

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is merely stating his or her opinion. Under these circumstances, SPs would
be advised not to take any direct action against the individual.

Sections 7 to 11 – Legal rights

SECTION 7 – LIFE, LIBERTY, AND SECURITY


Section 7 states:

Everyone has the right to life, liberty and security of the person and the
right not to be deprived thereof except in accordance with the principles
of fundamental justice.

The principles of fundamental justice are that a person:


 Is considered to be innocent until proven guilty beyond a reasonable
doubt
 Has the right to fully answer and defend any charge against him or her
 Has the right to be heard by a reasonable and impartial tribunal [R. v.
Corbett, 1984, B.C.C.A.]12

Two decisions by the Supreme Court are relevant here:


 First, the court has determined that one is guilty of violating Section 7
if it can be proven that:
– One’s action deprived a person of his or her life, liberty, or personal
security.
– One’s action violated one or more of the principles of fundamental
justice.
 Second, in 1990 the court also decided that Section 7 included the right
of an accused person to remain silent.
– In the case considered by the court, the police arrested a person who
refused to say anything about the charge at the time of the arrest.
The police chose to place this person in a jail cell with an
undercover police officer (who of course did not tell the accused
person who he was). During conversations with the undercover
officer, the accused person made several incriminating statements.
The prosecution entered these statements at trial as proof of guilt.
The accused person objected, arguing that he formally stated to the
police that he did not wish to make any statement to them and that
they tricked him into giving incriminating statements by using the
undercover officer. The Supreme Court concluded that the
statements had to be excluded from the trial record, and the
accused person was acquitted. [Hebert v. R., 1990, S.C.C.]
12
The notation [R. v. Corbett, 1984, B.C.C.A.] indicates the legal case that decided the point
of law being discussed, the year the decision was made, and which court made the
decision. (In this instance, the case was R. v. Corbett, and the court was the British
Columbia Court of Appeal [B.C.C.A.].)

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– If the court considers a person to be a person in authority (for


example, after that person has lawfully arrested a suspect), then
any attempts by the person in authority to trick the arrested party
into making incriminating statements would likely lead to the case
being dismissed.

In certain situations, the principles of fundamental justice do make the


deprivation of rights necessary. For example, SPs who arrest someone for
viciously assaulting another person would not be expected to merely obtain
the suspect’s name and let him or her go, especially if the suspect indicated
that he or she intends to commit more savage crimes.

SECTION 8 – SEARCH AND SEIZURE


Section 8 states:

Everyone has the right to be secure against unreasonable search


or seizure.

Before the Charter came into effect, a court could accept evidence that was
illegally obtained (but only if accepting it was not unjust). Thus, even if
evidence was obtained through illegal searches and seizures or by trickery, it
could still be admitted into trial. The Charter now restricts these practices
through Sections 8 and 24. (A discussion of Section 24 is found on page 86.)

SPs who are directed to search a person or a person’s property must be


aware of what the law allows and what it prohibits. Otherwise, they risk
having a valuable case thrown out and might also be held civilly liable. For
example, if SPs suspect that a store patron has stolen an item from the
store shelf and immediately start searching the suspect to recover the
stolen items, a judge can refuse to accept the evidence because of the
following violations:
 No informed consent from the suspect to make the search (For more
information on informed consent, see page 126.)
 No lawful reason to search the suspect

SECTION 9 – ARBITRARY DETENTION


Section 9 states:

Everyone has the right not to be arbitrarily detained or imprisoned.

This section contains some key terms that need to be defined:


 Arbitrarily detained
R. v. Therens, 1985, S.C.C., defined “arbitrarily detained” as “being
held without a good reason.”

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 Detention
Detention occurs in any of the following situations:
– One person deprives another of his or her liberty by physically
constraining that person. For example, if one grabs a person and
refuses to let the person go, one is depriving that person of liberty
by physically constraining him or her. A variation of this would be
one or more SPs cornering a suspect and preventing the person
from escaping.
– One person assumes control of another by making demands or
giving directions that might have significant legal consequences or
by preventing the person who is being controlled from having easy
access to legal counsel (e.g., ordering the person to “Sit down and
don’t move,” or refusing to let the person use the telephone to call a
lawyer).
– An accused person believes that he or she has no choice but to obey
a demand or direction. For example, it would be a Charter violation
to give a person the impression that he or she had no choice but to
obey (e.g., standing over the person and speaking in a threatening
tone).

SECTION 10 – RIGHTS ON ARREST


Section 10 states:

Everyone has the right on arrest or detention (a) to be informed promptly


of the reasons therefor; (b) to retain and instruct counsel without delay
and to be informed of that right; and (c) to have the validity of the
detention determined by way of habeas corpus and to be released if the
detention is not lawful.

These rights come into force the moment a person is detained. (See
Section 9 above.)

Key terms
Three key terms in Section 10 must be defined:
 Promptly
Informing a person “promptly” means telling the person right away,
without waiting. This means that one must inform the person
immediately after the person is detained that he or she is under arrest.
 Without delay
Giving a person the right to get legal advice “without delay” does not
necessarily mean doing so immediately. The person must be given
access to a telephone just as soon as is reasonably possible under the
circumstances. If the court determines that an SP delayed

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unreasonably in allowing the accused person to use a telephone, the


court might find that the person’s rights were violated.
 Have the validity of the detention determined by way of habeas corpus
This means that the person who has been arrested must be brought
before a judge or a justice of the peace to determine whether he or she
will be kept in custody. This must be done within 24 hours of the arrest.

Giving warnings under the Charter


A person who arrests or detains another person must be prepared to give
that person the warnings shown below. These warnings meet all of the
requirements set out in Section 10(a) and (b) of the Charter.

CHARTER WARNINGS

I am arresting [or detaining] you for _________________ [state reason for arrest or
detention].
It is my duty to inform you that you have the right to retain and instruct counsel
without delay.
You may call any lawyer you want. There is a 24-hour telephone service available
which provides a legal aid duty lawyer who can give you legal advice in private.
This advice is given without charge and the lawyer can explain the legal aid plan
to you. If you wish to contact a legal aid duty lawyer, I can provide you with a
telephone number. Do you understand? Do you want to call a lawyer?

You are not obliged to say anything, but anything you do say may be given in
evidence.

In a recent case, the court decided that the authority who arrested or
detained a person also had to give the person access to legal aid, duty
counsel, or a list of lawyers. [R. v. Brydges, 1990, S.C.C.]13

Ensuring the right to privacy


An accused person has the right to privacy during conversations with legal
counsel. This can create some logistical problems for police and SPs. When
the accused is given access to legal counsel by telephone, make sure the
person is in a private place, but a place that does not allow the person to
escape, hide evidence, or obtain a weapon to help him or her escape. Note
that the right to privacy begins when the accused person makes contact
with his or her counsel, not before.

13
The term “counsel” is defined in Section 2 of the Criminal Code as “a barrister or
solicitor, in respect of the matters or things that barristers or solicitors, respectively, are
authorized by law of a province to do or perform in relation to legal matters.” This
implies that counsel must be a lawyer.

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SECTION 11– RIGHTS ON BEING CHARGED


Section 11 sets into law many principles that existed for many years under
common law. It states:

Any person charged with an offence has the right (a) to be informed
without unreasonable delay of the specific offence; (b) to be tried within a
reasonable time; (c) not to be compelled to be a witness in proceedings
against that person in respect of the offence; (d) to be presumed innocent
until proven guilty according to law in a fair and public hearing by an
independent and impartial tribunal; (e) not to be denied reasonable bail
without just cause; (f) except in the case of an offence under military law
tried before a military tribunal, to the benefit of trial by jury where the
maximum punishment for the offence is imprisonment for five years or a
more severe punishment; (g) not to be found guilty on account of any act
or omission unless, at the time of the act or omission, it constituted an
offence under Canadian or international law or was criminal according
to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if
finally found guilty and punished for the offence, not to be tried or
punished for it again; and (i) if found guilty of the offence and if the
punishment for the offence has been varied between the time of
commission and the time of sentencing, to the benefit of the lesser
punishment.

Section 15 – Equality rights14


Section 15 sets out a guarantee of equality. It reads:

Every individual is equal before and under the law and has the right to
the equal protection and equal benefit of the law without discrimination
and, in particular, without discrimination based on race, national or
ethnic origin, colour, religion, sex, age or mental or physical disability.

This guarantee makes it clear that all persons in Canada – regardless of


race, religion, national or ethnic origin, colour, sex, age, or physical or
mental disability – have equal rights. It also makes it clear that every
individual is entitled to equality without discrimination.

In Canada, equality without discrimination (equal benefit of the law)


means that everyone, regardless of difference, must gain the same benefit
or outcome from the law. However, accommodating differences is an
integral part of achieving equal benefit of the law as expressed in this
equality model. Treating everyone in the same way (without taking into
account the differences that might exist between individuals and groups)

14
Adapted from material written by the BC Human Rights Coalition.

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may put some people at a disadvantage because they cannot attain the
same outcome as someone who does not share the same characteristics.

Take, for example, a case decided by the Supreme Court of Canada in 1997
called Eldridge v. British Columbia (Attorney General). The case concerned
a deaf couple who had a baby in a BC hospital. The hospital did not provide
sign language interpreters to deaf patients, which meant that the couple
could not communicate in a meaningful manner with medical staff during
the birth of their child. This put the couple, and all other deaf individuals
in need of health services, at a disadvantage when compared to able-bodied
patients.

The couple argued that the lack of effective communication had an adverse
impact on them because they were unable to access and benefit from
publicly funded health care services in the same manner as able-bodied
patients could.

The court found that the government had not accommodated deaf persons
by providing effective communication, which it deemed a necessary part of
the provision of health care. The lack of accommodation violated the
couple’s right to equal protection and equal benefit of the law, and the
government was ordered to remedy the situation.

Section 24 – Enforcement
Section 24(1) states:

Anyone whose rights or freedoms, as guaranteed by this Charter, have


been infringed or denied may apply to a court of competent jurisdiction
to obtain such remedy as the court considers appropriate and just in the
circumstances.

Hence, persons who have had any of their Charter rights and freedoms
denied or violated can apply to the courts for justice. The court will make a
decision that it considers right and fair under the circumstances.

Section 24(2) focuses on the exclusion of evidence that was obtained in a


manner that violated the rights and freedoms of the accused. It states:

Where, in proceedings under subsection (1), a court concludes that


evidence was obtained in a manner that infringed or denied any rights
or freedoms guaranteed by this Charter, the evidence shall be excluded if
it is established that, having regard to all the circumstances, the
admission of it in the proceedings would bring the administration of
justice into disrepute.

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For evidence to be excluded, the defence must prove that a specific Charter
right or freedom was violated and that admitting the evidence would be
unjust.

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Human Rights Legislation15

As mentioned in Segment 2, the term “private security” refers to measures


taken by individuals, groups, and corporations to protect their private
interests – company material, equipment, facilities, information, and
personnel. To achieve this goal, security professionals perform a variety of
duties that place them in contact with the public.

When performing their duties, SPs must abide by the requirements of


human rights legislation.

Impact of the Charter on human rights


legislation
For the most part, the Canadian Charter of Rights and Freedoms applies
to government action and the laws that legislators enact. The Charter also
applies where persons act as agents of the government (e.g., police officers).

Human rights legislation enables the public to enjoy the equality rights
guaranteed in Section 15 of the Charter. The Charter states that every
individual is equal before and under the law, and has the right to equal
protection and benefit of the law. (This standard of equality is subject to
legitimate requirements and reasonable limits.) Human rights legislation
reflects this standard by assuring every individual the right to be free from
discrimination and harassment in everyday public matters. (This standard
of equality is also subject to legitimate requirements and reasonable
limits.)

15
Adapted from material written by the BC Human Rights Coalition.

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Human rights legislation in BC


Human rights legislation can override, influence, or take precedence over
other laws, including provincial and municipal statutes, such as the
Trespass Act and the Safe Streets Act. It can also override a discriminatory
rule or practice established by a business, unless the business has
demonstrated that such a rule or practice achieves an important business
goal in a reasonable manner that does not unduly restrict an individual’s
right to be free from discrimination.

Two laws govern the protection of human rights in BC:


 Canadian Human Rights Act
This Act prohibits discrimination in areas that are regulated and
governed by federal legislation, such as the federal government and all
its ministries and programs, airlines, chartered banks, TV and radio
stations, internet communications, Canada Post, the RCMP, and most
services related to the military. British Columbians who work for or
obtain services from any of these federally regulated areas can seek
recourse for discriminatory conduct and action by contacting the
Canadian Human Rights Commission.
 BC Human Rights Code
The Code prohibits discrimination in areas that are regulated by
provincial legislation and government. It applies to employers, service
providers, public services, and all other provincially regulated
businesses and agencies. It also applies to the purchase of property,
rental accommodations, and membership in unions and associations;
and includes protection against hate propaganda. Examples of
provincially regulated areas are all provincial, local, and municipal
government departments and their services and programs; schools and
universities; hospitals and medical clinics; all private businesses and
services, such as stores, restaurants, malls, and movie theatres; security
and police services; hotels and rental property; and the purchase of
either residential or commercial property. British Columbians who
work for or obtain services from any of these provincially regulated
areas can seek recourse for discriminatory conduct or action by
contacting the BC Human Rights Tribunal.

The purpose of human rights legislation is to ensure equality of


opportunity and outcome in the most public areas and everyday matters of
our lives. For a diverse society such as Canada’s, this means recognizing,
respecting, and making room for individual differences. These laws also
ensure that people are dealt with on their own merits and not on the basis
of personal characteristics, stereotypes, or assumptions held by others.

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As an example, Section 3 of the BC Human Rights Code sets out its


purposes as follows:

(a) to foster a society in British Columbia in which there are no


impediments to full and free participation in the economic, social,
political and cultural life of British Columbia;
(b) to promote a climate of understanding and mutual respect where all
are equal in dignity and rights;
(c) to prevent discrimination prohibited by this Code;
(d) to identify and eliminate persistent patterns of inequality associated
with discrimination prohibited by this Code;
(e) to provide a means of redress for those persons who are
discriminated against contrary to this Code.

The grounds (or personal characteristics) that are protected under


provincial legislation differ slightly from those protected under federal
legislation.
 Section 8 of the BC Human Rights Code prohibits discrimination in the
provision of public services because of “the race, colour, ancestry, place
of origin, religion, marital status, family status, physical or mental
disability, sex or sexual orientation of that person or group of persons.”
Effective January 1, 2008, age is also a prohibited ground of
discrimination in the provision of services.
 The Canadian Human Rights Act prohibits discrimination in the
provision of public services because of “the race, national or ethnic
origin, colour, religion, age, sex, sexual orientation, marital status,
family status, disability, and conviction for which a pardon has been
granted.”

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Guidelines for SPs


Fairness and non-discrimination
A primary function of many SPs is to patrol, watch over, and protect the
interests of private property owners. In this context, SPs are called upon to
regulate and enforce service standards set by property owners. For
example, a chain of grocery stores might have rules on allowing access to
the facilities to customers with pets. Similarly, a mall may have rules about
loitering or about removing intoxicated people from its premises.

Property owners are well within their rights to set rules and standards that
achieve valid business goals, but these must be reasonable standards that
do not unduly restrict someone’s right to be free from discrimination. In
addition, the standards and rules must be applied fairly and in a non-
discriminatory manner. Property owners and service providers have a
“duty to accommodate”: for example, an establishment that prohibits
animals must nevertheless allow access to persons who need guide dogs.

Generally discrimination occurs when a person is singled out and treated


in an adverse manner that is different from how others are treated. This
adverse treatment is due to a group characteristic, such as race, colour,
religious belief, or sexual orientation.

Discrimination in the provision of services can take many different forms.


Two relevant examples are:
 Profiling someone of a particular race or skin tone, and treating him or
her differently from others. Profiling is a form of stereotyping based on
preconceived ideas about a person’s character. In such cases, action is
taken based on a person’s physical characteristics rather than on his or
her actual behaviour or on information about suspected activity by a
person who meets a certain description. (Bias and stereotyping were
previously discussed in Segment 2. See page 41.)
 Limiting someone’s ability to access and enjoy services in a dignified
manner because of the person’s disability, sex, or any other protected
ground (Refer back to page 90 for an explanation of the term “protected
ground” and to page 46 for information on accessibility and
accommodation.)

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Standards and principles


SPs must strive to abide by the following human rights standards and
principles:
 All individuals are equal in dignity and respect.
 Not all individuals are the same. Accommodate differences when it is
reasonable to do so.
 Treat people on the basis of who they are rather than whom you
perceive them to be.
 The manner in which service is provided should be based on unique
characteristics and individual merit.

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Criminal Code

Key terms
The Criminal Code is a list of Canadian laws regarding criminal offences.
It describes hundreds of offences that are considered to be crimes, and
indicates the maximum and minimum punishments for each one.

There are a few terms associated with offences that SPs must be familiar
with. These terms refer to the following:
 Aspects of an offence
 Types of offences
 Facts in issue

Aspects of an offence
 Actus reus
This term refers to the overt action performed by the accused person.
Without this act, there can be no crime. The actus reus is also referred
to as the “guilty act” and may take one of several forms:
– An overt physical act: For example, an assault
– An omission to perform a legal duty: For example, the failure of a
parent to provide “necessaries of life for a child under the age of
sixteen years”; or the failure of a citizen “without reasonable
excuse, to assist a public officer or peace officer in the execution of
his duty in arresting a person or in preserving the peace, after
having reasonable notice that he is required to do so”
– A state of affairs prohibited by law: For example, being in
possession of stolen property
 Mens rea
This term refers to the mental element of the offence: the accused
person’s “guilty mind.” In general, for a crime to have been committed,
mens rea and actus reus must both be present. It is not in the interest
of justice to punish persons who do not intend to commit an offence or
who have no control over their mental or physical processes. However,
mens rea is not necessary in all cases. There are three possible forms of
mens rea:
– Intention
This term means knowing the consequences of one’s actions and
wanting those consequences to occur. Words such as “intentionally,”
“wilfully,” or “means to” that are found in particular statutes
indicate intention.

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– Knowledge
This is defined as “awareness of certain circumstances.” Words such
as “knowing” or “knowingly” that are found in particular statutes
indicate knowledge. It is important to note, however, that with
certain offences, the words “knowing” or “knowingly” do not appear
in the relevant statute and yet knowledge may be an essential
element of the offence.
– Recklessness
This means knowing that one’s actions could lead to harm but
deciding to take the risk that the harmful consequences will not
occur.

Types of offences
There are two types of offences:
 Indictable offences
These are serious offences (e.g., murder, arson, and robbery). The
punishment varies with the offence, but can include life imprisonment.
 Summary offences
These are less serious offences, such as causing a disturbance or
joyriding. The penalty for summary offences is limited to one of the
following:
– A fine of no more than $2,000
– Up to six months in jail
– A combination of a fine and a jail term

A term that SPs might come across with respect to offences is the term
“dual offences.” This is a temporary designation used for release purposes.
There are offences for which the Crown can choose whether to proceed to
trial under the summary rules or by indictment (a formal written charge of
a serious offence). For example, the crime of mischief, which includes
actions like smashing windows, is a dual offence. The Crown can choose to
bring it to trial as a lesser summary offence, or as a more serious indictable
offence, depending on the circumstances.

Facts in issue
 Date, time, and location of the offence (including jurisdiction)
 Identity of the offender
 Essential elements of the offence, all of which must be proven so that it
can be established that an offence was committed. These elements are
specific to each particular offence and are indicated by the wording of
the law that has been violated.

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Common offences
SPs will not encounter the majority of offences described in the Criminal
Code. They do, however, need to know the common offences described in
the pages that follow.

Crimes against property


 Mischief
 Theft
 Break and enter

Mischief
The Criminal Code describes two general forms of mischief:
 Mischief against property
 Mischief that endangers people

MISCHIEF AGAINST PROPERTY


Section 430(1)(a)
This section states:

Every one commits mischief who wilfully destroys or damages property.

A key term in this statement is the word “wilfully.” This means not only to
commit the act voluntarily, but to commit it purposely with an evil
intention. It means doing the act deliberately, intentionally, and corruptly,
without any justifiable excuse. A person does something wilfully if:
 The person does an act or fails to do an act that is part of his or her job.
 The person knows that doing the act or failing to do it will probably
cause an event to happen.
 The person does not care (is “reckless”) whether that event happens.

Here are some examples of this type of mischief:


 A company employee purposely plugs washroom sinks with toilet paper
and turns the taps on to create a flood.
 A person saws part way through support beams at a construction site,
knowing that once any pressure is applied to the beams, the structure
will collapse.
 A person operates a piece of equipment (for example, a snow plow) in a
reckless manner, not caring whether damage is caused.

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Other forms of mischief against property


Three other sections describe forms of mischief in which actual damage to
property is not involved:

What the law says Examples


“Every one commits mischief who  Dangerous: Cutting the brake lines on a
wilfully renders property vehicle
dangerous, useless, inoperative or  Useless: Putting glue in a key hole
ineffective.”  Inoperative: Tampering with a fire hose
Section 430(1)(b)

“Every one commits mischief who  Obstructs: Protestors chaining themselves


wilfully obstructs, interrupts or to the front door of a business
interferes with the lawful use,  Interrupts: Protestors forcing themselves
enjoyment or operation of into a closed-door meeting
property.”  Interferes: Holding a wildcat strike
Section 430(1)(c)
“Every one commits mischief who  Obstructs: Several people standing beside
wilfully obstructs, interrupts or a car and refusing to let the owner get in
interferes with any person in the  Interrupts: Holding a noisy house party
lawful use, enjoyment or that prevents neighbours from enjoying
operation of property.” their own property
Section 430(1)(d)  Interferes: Forming a human barricade at a
labour dispute and violating an injunction

MISCHIEF THAT ENDANGERS PEOPLE


Section 430(2) refers to acts of mischief that cause danger to someone’s
life. Here are some examples:
 Someone damages a railway line, resulting in a train derailment and
injury to people. The injuries in this case result from the act of
meddling with the property.
 Someone chains a fire exit to prevent escape.

WHAT TYPE OF OFFENCE IS MISCHIEF?


This offence is considered a dual offence, and may be dealt with through
indictment or as a summary offence. In cases where the act of mischief
causes actual danger to life, however, the offender faces the serious penalty
of life in prison.

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Theft

ESSENTIAL ELEMENTS
The offence of theft is described in Section 322(1) of the Criminal Code. Its
essential elements are:
 The accused person takes another person’s property intentionally (not
merely by mistake).
 The accused person takes the property knowing full well that he or she
is not entitled to own or possess that property.
 The accused person keeps the property for himself or herself, or sells it
to another person.
 The property taken can be a living thing or a non-living object.

WHEN IS AN ACT OF THEFT CONSIDERED COMPLETE?


Section 322(2) states that theft is complete when the accused person does
one of the following:
 Moves the object
 Causes the object to be moved (does something to it that allows it to be
moved)
 Begins to cause the object to become moveable

What does this last action mean? Let’s suppose that a thief wants to steal
the contents of a locked cash register. The thief first tries to open the cash
drawer by pressing the buttons on the register’s panel. This action does not
work. The thief then decides that the only way to break into the register is
to take it home and work on it there. If the cash register is bolted to the
counter, the minute the thief starts undoing the bolts, he begins to cause it
to become moveable.

WHAT TYPE OF OFFENCE IS THEFT?


Theft is often referred to as “theft over $5,000 or “theft under $5,000.”
The value of the item stolen determines the seriousness of the crime and
the maximum penalty for it.
 If the item is worth less than $5,000, the crime is a “dual” offence. This
means that the accused person can be charged either with an indictable
offence or with a summary offence.
 If the item is worth more than $5,000, the accused person can be
charged with an indictable offence and face being imprisoned for up to
ten years.

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Break and enter

ESSENTIAL ELEMENTS
Described in Section 348 of the Criminal Code, the offence of break and
enter has four essential elements:
 Breaking in
 Entering
 A particular place
 With the intention to commit an indictable offence or having already
committed an indictable offence

Breaking in
The accused person must break into a particular place. An actual break
occurs when a person does any of the following (with any part of his or her
body, a weapon, or any other instrument) in order to get into a particular
place:
 Breaks a hole in a wall
 Breaks a door or window
 Picks the lock of a door, or opens it with a key
 Lifts a latch or loosens any other fastening that closes doors or windows

If a person pushes against a hinged window that is fastened with a wedge


so that he or she can open it, he or she is breaking in. If someone pushes
his or her arm through the broken pane of a window, reaches in, removes
the fastening of the window, and opens it, that person is also breaking in.
Even if a window or door is partially open, and the person just pushes it
open further to get inside, the person has still broken in.

Entering
In addition to breaking into a place, the accused person must also enter it.
However, the person needs only to enter in the least little amount, with
any part of his or her body or with any instrument held in his or her hand.
For example, if a person broke a door or window and then reached inside
with any part of his or her body or with an instrument held by him or her
in an attempt to remove anything inside, the person has “entered” the
place.

Under a subsection of the Criminal Code, a person would be considered as


having committed a break and enter if he or she is able to enter a place by
using any of the following:
 Threats
 Tricks
 The help of someone inside

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Place
In relation to the offence of break and enter, the term “place” may mean
any of the following:
 A dwelling (house)
 A building or structure other than a house (or any part of that building
or structure)
 A railway vehicle, a vessel, an aircraft, or a trailer
 A pen or an enclosure in which fur-bearing animals are kept in
captivity for breeding or commercial purposes

The term “place” does not, however, include motor vehicles. Someone who
breaks into a motor vehicle would be charged with a different offence.

Intent
The accused person must have intended to commit an indictable offence
(such as theft) or must have already committed one.

EXAMPLES
 Someone breaks a window or door of a house, enters it, and commits a
theft.
 Someone walks into a building through a door that had been left open,
and commits a theft.
 Someone smashes a store window, reaches in, and steals something
from the window display.
 Someone hides in a store after closing, steals something, and leaves the
store.

The following would not be considered break and enter:


 Someone breaks a window or door of a house or building, but does not
have time to get in or steal anything.
 Someone walks onto a construction site and steals something from a
building that does not have its walls up yet.
 Someone is caught trying to pick the lock of a store.
 Someone walks into an open garage that is not connected to a house
and steals something.

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Crimes of violence against people


 Assault
 Robbery
 Uttering threats

Assault
The offence of assault is described in several sections of the Criminal Code.

SECTION 265(1)(A)
This section refers to situations in which the accused person intentionally
applies force (whether directly or indirectly) to another person without
that person’s consent.

There are several important elements in this section:


 Applying force
 Intentionally
 Directly or indirectly
 Without the consent of the other person

Applying force
The force a person applies does not have to result in any injury for the act
to be considered assault. In fact, merely touching another person without
that person’s consent can be assault, even though charges are rarely
accepted for an offence as minor as this.

Intentionally
A person applies force intentionally when he or she deliberately means to
do so. This means that careless or accidental actions are not considered
assaults.

Directly or indirectly
People can be charged with assault if they apply force by using their own
body, by using an object, or by causing an object to hit someone.

Without the consent of the other person


The issue of consent is critical. If a person has consented, then the act
cannot be considered assault. For example, some people who play on sports
teams have given their implied consent to the use of force by simply
participating in a violent, full-contact activity. Hence, “checking” someone
into the boards during a hockey game is not an assault. However,

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slamming someone against the side of the sports arena after the game is
over could be considered an assault.

In another case, two people who are having an argument might agree to
settle their differences by physically fighting each other. However, if the
winner of the fight goes beyond what is reasonable and continues to attack
a subdued opponent, he or she could be charged with assault.

The Criminal Code sets out the circumstances in which someone has not
consented to the use of force. It states that if a person submits to force for
any of the following reasons, he or she is not consenting to the force:
 Someone is using force on him or her, or on another person.
 The person is afraid that someone will use force on him or her, or
another person.
 Someone has threatened to use force on him or her, or another person.
 Someone has tricked him or her into the situation.
 Someone with legal authority is using force on him or her.

SECTION 265(1)(B)
This section refers to situations in which the accused person tries or
threatens, through the use of a gesture or an action, to apply force to
someone. The accused person must have the ability to apply force or else is
able to make the other person believe that he or she does have that ability.

The key elements of this section are:


 The use of an act or gesture
 The accused person’s ability to achieve his or her purpose

The use of an act or gesture


This means that words alone (without accompanying acts or gestures) are
not sufficient to be considered assault.

The accused person’s ability to achieve his or her purpose


The person being threatened must have reason to believe that the person
making the threats is actually able to carry them out. For example, if
someone who is weak or disabled threatens, “I’m going to beat you up,”
there is reason to believe that he or she might not be able to follow through
on the threat.

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SECTION 265(1)(C)
This section refers to situations in which the accused person accosts,
impedes, or begs from another person, while openly carrying a weapon or
an object that looks like a weapon.

There are two key elements in this section:


 Accosts, impedes, or begs from another person
 While openly carrying a weapon or an object that looks like a weapon

Accosts, impedes, or begs from another person


To accost someone means to approach and speak to the person, often in a
challenging or aggressive way. To impede someone means to interfere with
a person or block his or her way.

While openly carrying a weapon or an object that looks like a


weapon
The definition of “weapon” provided in Section 2 of the Criminal Code
applies here. Section 2 states that a weapon is

… any thing used, designed to be used or intended for use in causing


death or injury to any person, or for the purpose of threatening or
intimidating any person.

Whether the weapon being openly displayed is real or not, it is still


considered to be a weapon under the Criminal Code.

SECTION 267
This section prohibits the use of weapons to assault or intimidate people
and sets out the penalties for causing physical harm (referred to as “bodily
harm”) as a result of an assault. The term “bodily harm” is defined in the
Criminal Code as:

… any hurt or injury to the complainant that interferes with his or her
health or comfort and that is more than merely transient or trifling in
nature.

Whether a particular injury is more than merely “transient or trifling in


nature” is a decision the courts make. In reality, bloody noses, bruises,
swelling, and black eyes would in all likelihood be considered minor (that
is, in a relatively short period of time, the effects of the injury will go
away). However, broken bones, lacerations, or deep cuts and wounds would
not be considered transient or trifling in nature.

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This section also specifies the punishment usually given for this offence:
 If the accused person is found guilty of an indictable offence, he or she
is liable to imprisonment for a term not exceeding ten years.
 If the accused person is found guilty of a summary offence, he or she is
liable to imprisonment for a term not exceeding eighteen months.

EXAMPLES
 Two customers get into a fight over a parking spot at the mall.
 An angry customer threatens a store employee.
 One patron shoves another while getting in line to enter a nightclub.

Robbery

ESSENTIAL ELEMENTS
Robbery is an indictable offence with a maximum penalty of life in prison.
It is described in Section 343 of the Criminal Code, which lists four ways in
which a person can commit robbery:
 The accused person steals property by using or threatening violence to
a person or property.
 The accused person steals property from a person and assaults or uses
any violence on that person immediately before, during, or after the
theft.
 The accused person assaults someone with the intention of stealing
from that person.
 The accused person steals property while being armed with an offensive
weapon or an imitation of one.

EXAMPLES
 An SP sees a person strike another person and steal her purse.
 An SP sees a person demanding merchandise from a store clerk while
waving a hypodermic needle.

Uttering threats

ESSENTIAL ELEMENTS
Under the Criminal Code, a person may be found to be committing an
assault if he or she threatens to apply force to another person under
circumstances where he or she has the present ability to do so.

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Section 264.1(1) of the Criminal Code goes further and makes it an offence
to utter certain kinds of threats of harm to a person and/or to his or her
property, regardless of whether or not the person uttering the threats has
the intention or the ability to immediately carry out the threat.

Section 264.1(1) lists the three types of threats covered:


 A threat to cause death or bodily harm to a person
 A threat to burn, destroy, or damage the property of a person
 A threat to kill, poison, or injure an animal or bird owned by a person

EXAMPLES
 An SP is threatened by a gang operating in a mall.
 An SP who is assigned to patrol a building receives a report from a
tenant in the building that another tenant threatened to harm him or
her.

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Offences against public order


 Causing a disturbance and loitering
 Trespassing at night
 Indecent acts

Causing a disturbance and loitering

ESSENTIAL ELEMENTS
Causing a disturbance and loitering are summary offences described in
Section 175 of the Criminal Code. These offences have the following
essential elements:
 The accused person must be in a public place.
 He or she must be doing any of the following:
– Fighting, screaming, shouting, swearing, singing, or using insulting
or obscene language
– Being drunk
– Impeding or molesting other persons
– Loitering

EXAMPLE
An SP comes across a group of young people who are loitering at a store
entrance without purpose.

Trespassing at night

ESSENTIAL ELEMENTS
Section 177 of the Criminal Code describes the offence of trespassing at
night, which consists of the following:
 The accused person loiters or prowls at night near a dwelling on the
property of another person.
 The accused person has no justifiable reason for being on the property
of the other person.

Key terms in this section include the following:


 Loiter
This means hanging around an area without a specific purpose. Under
this section, the loitering must be done on the property of another
person and near a dwelling house.
 Prowl
This means moving around in a secretive way.

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 Night
This is defined in the Criminal Code to mean the hours between 9:00
p.m. and 6:00 a.m.

EXAMPLE
An SP patrolling an apartment complex finds a person peering in the
window of a ground floor unit.

Indecent acts

ESSENTIAL ELEMENTS
Performing an indecent act is a summary offence described in Section 173
of the Criminal Code. It consists of the following essential elements:
 The accused person is in a public place in the presence of one or more
persons, or in any place with the intent to insult or offend a person.
 The accused person must do the indecent act wilfully.

EXAMPLES
 A person masturbates in a common stairwell of an office tower.
 A couple have sex in a car in a mall parkade during business hours.

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Exercise: Elements of an Offence


1. As a loss prevention officer, you are responsible for detecting and
apprehending customers whom you find committing theft. While
working the store, you see a male take a package of batteries from the
shelf and put it in his jacket pocket. He then makes a number of other
selections, approaches the cashier, and pays for all of the merchandise
except for the batteries. Then he leaves the store.

Which of this person’s actions illustrate the essential elements of the


offence of theft?

2. As a door supervisor at a club, you are asked to assist in the removal of


an unruly patron. The young female patron was involved in a physical
fight with another patron. She is now shaking her fist and yelling very
loudly at a waitress, screaming that she will come back to really hurt
her.

What offence is illustrated in this scenario? What are its essential


elements?

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3. As a member of the mall security team, you have been assigned to


patrol the parking area. One afternoon you observe two young males
running quickly away from a van whose alarm has been set off.

What offence is illustrated in this scenario? What are its essential


elements?

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Security Services Act

The private security industry in BC is regulated by the Security Services


Act (SSA) and the Security Services Regulation (SSR). Security
professionals must be familiar with the key provisions of the legislation.

Application
The SSA and SSR apply to security businesses and security workers. Under
the legislation, the term “security business” refers to a business that is
carried on by any of the following:
 Armoured car guard service
 Locksmith
 Private investigator
 Security alarm service
 Security consultant
 Security guard service

The term “security guard service” includes:


… a person who
(a) provides or supervises a guard patrol or watch of property
(b) provides or supervises a guard of an individual
(c) performs services to prevent the loss of property, and
(d) provides door security at an establishment licensed under the Liquor
Control and Licensing Act;

All of the following groups are also covered by the SSA and SSR:
 Commissionaires
 Armoured car guards
 Closed circuit television installers
 Electronic locking device installers
 In-house private investigators
 In-house security guards
 Doorpersons at licensed liquor establishments and bodyguards
 Individuals/businesses who provide security dog services

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Licensing requirements
Application for and issuance of licences
Section 8 of the SSA requires SPs to have and carry with them a security
worker licence issued by the registrar of the profession.16

A person may obtain a licence only by meeting all the qualifications and
completing the application process. Section 15 of the SSR lists the types of
security worker licences that may be issued. Among these licences are
those for security guards and security guards under supervision.

Qualifications for licensing vary depending on the type of licence. As


mentioned in Segment 2:
 Those who wish to work as security guards, loss prevention personnel,
doorpersons at licensed liquor establishments, and bodyguards are
required to successfully complete the BST Program or demonstrate
that they have successfully completed training that is equivalent to
BST. [SSR, Section 3(10)]
 SPs must have “sufficient fluency in the English language to be able to
converse in English with the public while carrying out [their] duties.”
[SSR, Section 3]

Obtaining a security licence is crucial for employment. As Section 2 of the


SSA states:

An individual must not engage in any kind of security work, or hold


himself or herself out to be so employed or employable, unless
(a) the individual holds a valid security worker licence for that kind of
security work,
(b) the individual is exempt by regulation from the requirement to hold
a security worker licence, or
(c) the registrar determines that the security work in which the
individual is engaged is incidental to the individual’s primary work.

16
A registrar is a person appointed under the Public Service Act to keep charge of
admissions, examinations, and general regulations for a particular profession.

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Production and display of licence


Once an SP has been issued a licence, he or she must carry it at all times,
and must be prepared to produce the licence upon request while at work.
Section 8 of the SSA states:

An individual who holds a security worker licence must, while engaged


in security work,
(a) carry the licence, and
(b) produce it on the request of any person to whom the individual holds
himself or herself out to be a security worker.

Refusal, suspension, and cancellation of licence


Sections 4 and 15 of the SSA state that an applicant may be refused a
security worker or security business licence for several reasons. The
reasons listed in Section 4 are:

(a) the applicant or licensee fails in any way to comply with or does not
meet the requirements of section 3 [applying for security worker
licence];
(b) the registrar considers that the applicant’s or licensee’s conduct,
education, training, experience, skill, mental condition, character or
repute makes it undesirable that he or she be licensed;
(c) the registrar considers that it is not in the public interest that the
applicant or licensee be licensed;
(d) the registrar is satisfied that the licensee has done something that
(i) justifies refusal to renew a licence to the licensee,
(ii) contravenes a provision of this Act or the regulations, or
(iii) contravenes a condition of the licence;
(e) the applicant or licensee is charged with or convicted of a crime;
(f) the applicant is a peace officer.

Section 28 of the SSA states that the registrar may cancel or suspend any
security worker or security business licence for any of the reasons listed
above.

Surrender of licence
Sections 7 and 19 of the SSA require SPs and security businesses to
surrender their licence upon expiry, cancellation, suspension, or refusal of
renewal. The licensee must surrender the licence to the registrar
immediately.

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Rules regarding identification


The SSA and SSR set limits on the ways in which SPs identify themselves
to the public.

Section 44(5) of the SSA stipulates that SPs are not peace officers. Hence,
they must not describe or identify their services by using the words
“detective,” “law enforcement,” “peace officer,” or “police,” whether alone
or in conjunction with other words. SPs must never lead people to believe
that they are law enforcement officers.

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Rules on use of equipment


SPs are not permitted to carry firearms. Section 26 of the SSA states:

A person licensed under the Act must not carry a firearm in the course of
security business or employment or while engaged in any security work.

The only exception would be armoured car guards, but even in these cases,
certain conditions and restrictions apply. [SSA, Section 26(2)]

In addition, Section 11 of the SSR states that security workers are


prohibited from carrying or using any of the following items during the
course of their employment:
 Restraining devices (SPs may use handcuffs, but only if they have
successfully completed the Advanced Security Training course and are
permitted by their employer to use these devices.)
 Any weapons, ammunition, or devices prohibited by the Criminal
Code17
 Any other item designed for debilitating or controlling a person or
animal

Flashlights are a necessity for night patrols. They are intended to help one
see. However, flashlights made of heavy cast metal have been used to club
or threaten others. Under the Criminal Code, a person who uses a
flashlight in this manner may be charged with possession of a weapon. This
would apply to any other piece of legitimate equipment used in a
threatening or aggressive manner.18

PENALTIES FOR VIOLATIONS


Section 45 of the SSA states that a security worker
who violates these (and other specific sections of the
Act and Regulation) is subject to specific penalties.

17
Section 84(1) of the Criminal Code lists various weapons that no one is allowed to
possess: tear gas, Mace, or any liquid, spray, powder, or other substance that is capable of
injuring or otherwise incapacitating any person; nunchaku sticks; electric stun gun
(Taser); ASP baton; brass knuckles; and switchblades.
18
See Section 88 of the Criminal Code (Possession of a weapon for dangerous purpose).

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Provincial Privacy Legislation

Applicable laws
Two laws on access to information and protection of privacy affect the
security industry in British Columbia. These are:
 Freedom of Information and Protection of Privacy Act (FOIPPA)
The FOIPPA applies to the public sector. Its purpose is to make public
bodies more open and accountable by providing the public with a
legislated right of access to records.
 Personal Information Protection Act (PIPA)
The PIPA applies to the private sector. It sets out how private
organizations may collect, use, and disclose personal information. Its
purpose is to protect personal privacy by prohibiting the unauthorized
collection, use, or disclosure of personal information by private
organizations. (The term “personal information” refers to recorded
information about an identifiable individual.)

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Guidelines for performing day-to-day


duties
SPs should keep in mind the following guidelines while performing their
day-to-day duties:
 Freedom of information applies to all records created, including email
and voice mail.
 SPs should assume that all records they create will become public
knowledge.
 When writing any information, SPs must stick to the facts and avoid
personal opinions.
 Margin notes (e.g., doodles) are considered a permanent part of the
record. Embarrassment is not an exception under the Act.
 Freedom of information rules apply to records stored in home offices.
 SPs should collect only the personal information needed to do their jobs.
 Opinions about third parties belong to third parties.

For more information on provincial privacy legislation, refer to page 245.

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Other Key Legislation

Several other laws have a direct impact on the work done by security
professionals. Some of these statutes are listed and described below.

Legislation Purpose
Federal privacy legislation Governs the retention, use, and
disclosure of personal information
Safe Streets Act Governs the actions of aggressive
panhandlers
Trespass Act Provides property owners with the
authority to control the use of their
property
Residential Tenancy Act and Define the relationship between a
Commercial Tenancy Act renter and the property owner, and the
rights and responsibilities of each party
Occupational Health and Safety Describes the legal requirements for
Regulation occupational health and safety that
must be met by all workplaces that are
subject to inspection by WorkSafe BC
Occupiers Liability Act Defines the duties of SPs as agents of
property owners/renters to ensure the
safety of those who come into or on
the property
Good Samaritan Act States that a person who gives
emergency assistance at the scene of an
incident is not liable unless he or she is
grossly negligent while doing so
Youth Criminal Justice Act Governs the conduct of legal
proceedings against young persons (12-
17 years old)
Mental Health Act Governs the care of persons with mental
disorders, and their voluntary or
involuntary admission to designated
hospitals and mental health facilities.
Describes the rights of these individuals.

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Legislation Purpose
Liquor Control and Licensing Act Seeks to prevent such problems as
under-age drinking, over-consumption
of alcohol, and overcrowding or unsafe
conditions in restaurants, bars, and
pubs, and to minimize the potentially
negative impact of liquor sales on
neighbourhoods and communities
Tobacco Control Act Bans smoking in indoor public places
and work places, and near public
doorways, open windows, and air
intakes; limits the display and sales of
tobacco and tobacco products

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SP Powers and Limitations

Making arrests as a private citizen

SPs must abide by their employer’s operational policies


on arrest and detention.

When may an SP make an arrest?


Under the law, SPs possess the power of citizen’s arrest, which may be
exercised under certain conditions:
 When a person sees someone committing an indictable offence or a dual
offence19
 When a person sees someone escaping from the law
 When a person witnesses a crime related to the person’s property

SEEING SOMEONE COMMIT AN INDICTABLE OFFENCE


Section 494(1)(a) of the Criminal Code states that a private citizen (the
ordinary person on the street) may arrest another person in certain
circumstances:

Anyone may arrest without warrant a person whom he finds committing


any indictable offence.

The key terms in this provision are:


 Finds committing
To find someone committing an offence means that the citizen must
actually see the person performing an action that breaks the law. The
citizen may not just assume, on the basis of other events, that a person
committed an offence. Here are some examples:
– You hear the sound of breaking glass, run to investigate, and see a
person standing by a broken window. According to Section
494(1)(a), there would not be enough grounds to arrest that person.

19
As stated in a previous section, for dual offences, the Crown can choose whether to
proceed to trial under the summary rules or by indictment (a formal written charge of a
serious offence). For example, the crime of mischief, which includes actions like smashing
windows, is a dual offence. The Crown can choose to bring it to trial as a lesser summary
offence, or as a more serious indictable offence, depending on the circumstances.

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– You are watching a person who is standing next to a store display.


You see him walk quickly away from the display, and then you
notice that an item is missing from the display. To lawfully arrest
the person for theft, you must have actually seen the person take
the item and leave the store without paying for it. One must not
jump to conclusions.
 Indictable offence
The second point to remember is that the offence must be an indictable
offence, not a summary offence. The Criminal Code stipulates which
offences are summary and which are indictable. (More information on
summary and indictable offences is provided in the section on common
offences, which begins on page 95.)

SEEING SOMEONE COMMIT A DUAL OFFENCE


The Criminal Code classifies some offences as dual (or “hybrid”) offences.
The issue here is whether an arrest made for a dual offence could become a
false arrest if the Crown chooses to proceed summarily. Fortunately, in
such cases, the citizen making the arrest is protected because the court
assumes, for the purposes of the arrest only, that the Crown will proceed
by indictment.

SEEING SOMEONE ESCAPING FROM THE LAW


Section 494(1)(b) of the Criminal Code states:

Anyone may arrest without warrant a person who, on reasonable and


probable grounds, he believes
(a) has committed a criminal offence; and
(b) is escaping from and freshly pursued by persons who have lawful
authority to arrest that person.

There are several conditions that must be met:


 Reasonable grounds
 Escaping from and freshly pursued
 By persons who have the lawful authority to arrest that person

Reasonable grounds
This phrase refers to a set of facts that would cause an ordinary, cautious,
and prudent person to believe that an event has happened. Reasonable
grounds go beyond mere suspicion. [Henderson v. Bailleul, 1927, 3 D.L.R.
374, Man. C.A.] There must be factual evidence that causes one to believe
that a person has committed a crime.

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Escaping from and freshly pursued


This phrase articulates the second condition that must be present in the
situation. For example, if you see a police officer chasing a man carrying a
purse down the street, and the officer yells, “Stop that man!”, you could
arrest the fleeing suspect.

In this case, the reasonable grounds consist of the following:


 There was a man running from the police.
 The man was carrying a purse, and his behaviour was consistent with
that of a purse-snatcher.

In addition to these reasonable grounds, the police officer yelled, “Stop that
man!”

By persons who have the lawful authority to arrest that person


The person pursuing the suspect must have the legal authority to make the
arrest. This means that the pursuer must have witnessed the suspect
committing a crime. For example, if a storeowner yells at you to stop a
fleeing suspect because the suspect committed an offence at that
storeowner’s premises, you would have the legal authority to make an
arrest under Section 494(1)(b).

WITNESSING A CRIME RELATED TO THE PERSON’S PROPERTY


Section 494(2) of the Criminal Code gives people who hold property the
power to make arrests in certain situations:

The owner or a person in lawful possession of property, or a person


authorized by the owner or by a person in lawful possession of property,
may arrest a person without a warrant if they find them committing a
criminal offence on or in relation to that property and
a) they make the arrest at that time; or
b) they make the arrest within a reasonable time after the offence is
committed and they believe on reasonable grounds that it is not
feasible in the circumstances for a peace officer to make the arrest.

This section thus provides that property owners and those who have legal
possession of the property (e.g., renters or SPs) may arrest people whom
they find committing a crime that relates to the property. Since SPs have
legal possession of their employer’s property, they may be faced with
situations in which this section would apply.

The key terms in Section 494(2) are:


 Finds committing
 Criminal offence

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 On or in relation to that property


 Arrest within a reasonable time after the offence is committed and …
believe on reasonable grounds that it is not feasible in the
circumstances for a peace officer to make the arrest

Finds committing
Unless the SP witnesses the event, the SP may not arrest anyone.

Criminal offence
The term “criminal offence” as used in this section refers to a violation of
any federal statute, whether the violation is a summary or an indictable
offence. Thus, SPs may arrest a person who commits a summary offence
that relates to the property they are guarding.

On or in relation to that property


The offence must be related to the property (e.g., break and enter or
vandalism).

Arrest within a reasonable time after the offence is committed


and … believe on reasonable grounds that it is not feasible in the
circumstances for a peace officer to make the arrest
This provision recognizes that in some circumstances, it may not be
possible for peace officers to make an arrest as they are not always able to
attend a scene within a reasonable time. In such situations, citizens may
need to take action on their own to respond to an immediate threat to their
property. The provision addresses these issues by expanding the time limits
on the power of citizen’s arrest.20 21

With regard to the power of arrest, SPs should keep in mind the following:
 What constitutes “reasonable time after an offence is committed” is
subject to interpretation by judges and courts. When determining
whether a particular arrest was lawfully made, the court will likely
consider “the reasons for citizen’s arrest and the length of time after
the offence was committed.”22
 “All arrest situations are unpredictable and potentially dangerous.
Citizens should only engage in defensive conduct or undertake arrests
with extreme caution. Even more caution is necessary where arrests

20
“Citizen’s Arrest and Self-defence Act: Order Fixing March 11, 2013 as the Day on which
the Act Comes into Force,” Canada Gazette. This is available at http://www.gazette.gc.ca
/rp-pr/p2/2013/2013-02-13/html/si-tr5-eng.html.
21
A case in point is R. v. Chen et al., 2010 ONCJ 641. A copy of the judgement is available at
http://www.canlii.org/en/on/oncj/doc/2010/2010oncj641/2010oncj641.html.
22
“Citizen’s Arrest and Self-defence Act: Order Fixing March 11, 2013 as the Day on which
the Act Comes into Force,” Canada Gazette.

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are not made at the site of the crime and are made some time after the
crime is committed since there is a higher risk of mistaken
identification of the suspect.”23
 When considering whether to make a citizen’s arrest, SPs should take
into account all of the following issues:24
– Is there a peace officer available to intervene at the time?
– Would the SP’s safety or the safety of others be compromised by
attempting an arrest?
– Should the SP report the crime to the police instead of taking action
on his or her own?
– Does he or she have a reasonable belief about the suspect’s criminal
conduct and identity?
– Will he or she be able to turn over the suspect to the police without
delay after the arrest is made?
 If trained and authorized in the use of restraints, SPs must abide by
their company’s operational policy and the provisions of the Security
Licensing Process and Licence Conditions Policies.

Duties upon arrest


Section 494(3) of the Criminal Code states:

Anyone, other than a peace officer, who arrests a person without warrant
shall forthwith deliver the person to a peace officer.

This means that if an SP arrests someone under any part of Section 494,
the SP must turn the person over to a police officer immediately. Hence,
SPs must complete the following duties when making an arrest:
1. Identify themselves as SPs.
2. Take physical custody of the person. (It would be good practice for the
SP to actually touch the body of the person being arrested, even though
the SP is not legally required to do so. This would help prevent the
person from being able to claim that he or she did not realize that the
SP was speaking to him or her.)
3. Tell the person that he or she is under arrest.
4. Inform the person of the reason for the arrest.
5. Without delay, inform the person that he or she has the right to legal
advice.
6. Turn the person over to a police officer immediately.

23
“Citizen’s Arrest and Self-defence Act: Order Fixing March 11, 2013 as the Day on which
the Act Comes into Force,” Canada Gazette.
24
“The Citizen’s Arrest and Self-defence Act,” The Prime Minister of Canada. Toronto,
17 February 2011. This material is available at http://www.pm.gc.ca/eng/media.asp
?id=3966.

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The statements that SPs should make when completing Steps 3 to 5 are
contained in the Charter warnings. It would be best for SPs to read the
text from a prepared card. (See page 84.)

When arresting a young person, SPs must use the same procedure as that
for adult suspects. However, SPs must be aware that the Youth Criminal
Justice Act contains special provisions regarding custody of, taking of
statements from, and sentencing of young persons. For example, SPs must
ensure that the young person is given the opportunity to contact a parent
or guardian. In addition, a young person who has been arrested or detained
may be released only to a parent, guardian, or police officer.

Possible use of force


Section 494(4) of the Criminal Code states:

For greater certainty, a person who is authorized to make an arrest


under this section is a person who is authorized by law to do so for the
purposes of section 25.

Section 25 of the Criminal Code provides legal protection to those who use
force when they are acting with legal authority. It allows such persons to
perform any reasonable actions necessary for their job, using only as much
force as required. If the person’s conduct keeps within these boundaries, he
or she will be acting properly and legally. (Section 25 is discussed at greater
length on pages 127-128.)

Section 494(4) makes reference to Section 25 in order to emphasize that


“[while] use of force is authorized in a citizen’s arrest … there are limits
placed on how much force can be used. In essence, the laws permit the
reasonable use of force, taking into account all the circumstances of the
particular case. A person is not entitled to use excessive force in a
citizen’s arrest [emphasis in original].”25

25
“The Citizen’s Arrest and Self-defence Act,” The Prime Minister of Canada. Toronto,
17 February 2011.

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3 – LEGAL ISSUES

Follow-up care and control


SPs must keep in mind that they are responsible for the health and safety
of a person who is under their control.

PHONING THE POLICE


Phone the police as soon as practicable after the arrest. In most
jurisdictions, you will need to call 9-1-1. Give the operator the following
information as clearly and concisely as possible:
 Your name, position, and security worker licence number
 Name of the company/organization
 Details of the situation: who is in custody and why
 Whether the subject is resisting or compliant
 Address of the company/organization and the location where you are
holding the subject
 Name of the subject and identifying information (date of birth and
driver’s licence number), if made available
 Telephone number where you can be reached

DEALING WITH MEDICAL EMERGENCIES


Signs of physical distress
Be alert to any signs of physical distress in the subject, such as:
 Laboured breathing
 Gurgling or gasping noises when attempting to breathe
 Period of silence after an intense struggle
 Unconsciousness
 Effects of drug/alcohol use
 Other possible medical conditions, such as epileptic seizures

If this were to happen, call the BC Ambulance Service immediately and


describe the subject’s condition.

Other health and safety concerns


If the person needs medical attention, arrange to have it provided. If he or
she tells you that he or she needs to take medication, use your judgement
in each situation. Make sure to inform the police about the person’s claim
of a medical condition.

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3 – LEGAL ISSUES

MAINTAINING A CONTROLLED ENVIRONMENT FOR CUSTODY


No matter what you are doing, never let your guard down when in the
presence of the arrested person.
 If the person asks to use the washroom, use your judgement in each
situation.
 Make sure the detention room is free of any items that could possibly
be used as a weapon.
 Keep all confidential information out of sight.
 Ensure that CCTV screens are turned off or not visible.
 Keep other people out of the room if possible.
 Keep the arrested person seated at all times.
 Keep the person in your line of vision at all times. Watch his or her
body language. If the person continues to resist or fight, call 9-1-1
immediately.

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Conducting searches
Searching a person’s belongings
SPs must obtain informed consent before conducting a search. The term
“informed consent” means that the person who is giving consent knows the
consequences of what he or she is agreeing to. Hence, if an SP asks a
person for permission to search the person’s belongings for stolen property,
and the person says yes, the SP has obtained informed consent.

Several factors come into play when determining whether a person can give
informed consent. These are:
 Age: The courts might decide that a youth under the age of 18 might
not know the consequences of his or her actions.
 Ability to understand one’s rights: Those who are being asked to
consent to a search must be aware of their right to refuse as well as the
possible consequences of giving consent.
 Level of maturity
 Mental disabilities
 Language barriers

The following are examples of uninformed consent:


 The SP grabs a person’s belongings and begins to search through the
contents. The person might not object to the search, but that does not
mean that he or she has consented to it.
 The SP scares a person into giving consent for a search.

SPs might find themselves in a situation where they have cornered a


person in a parking lot and have asked the person to reveal the contents of
his or her bag. Even if the person agrees to the search, the case could be
lost if the court believes that the person agreed because he or she felt
intimidated, compelled, or confused by the request.

Searching a person
SPs generally are not permitted to search people. Those who are legally
authorized to do so must receive specialized training and must be aware of
their legal responsibilities.

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Using force
Possibly one of the most complex issues facing the security profession is
the proper application of force. While society has granted SPs the power to
use force, it has also imposed constraints on that power. These constraints
are reflected in the following:
 Criminal Code
 Operational policy
 Provincial laws and regulations
 Norms of social acceptability

These constraints represent the levels of accountability against which the


actions of SPs will be judged in every instance in which they use force.
When the use of force in a specific situation is assessed, two basic principles
apply:
 Was the use of force lawful and reasonable?
 What would a reasonable, well-trained, and prudent SP have done if
faced with a similar set of circumstances?

Criminal Code provisions


The Criminal Code endows the SP with the power to use force. It is
important to note, however, that the Criminal Code also imposes clear
limits on the exercise of that power.

LEGAL AUTHORITY
Section 25(1) of the Criminal Code provides legal protection to people who
use force when they are acting with legal authority. It states:

Everyone who is required or authorized by law to do anything in the


administration or enforcement of the law
a) as a private person
b) as a peace officer or public officer
c) in aid of a public officer or peace officer, or
d) by virtue of his office
is, if he acts on reasonable grounds, justified in doing what he is
required or authorized to do and in using as much force as is necessary
for that purpose.

Key terms
 Required by law
The phrase “required by law” means that the person is obliged under
the law to do certain things. SPs are rarely required by law to do

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3 – LEGAL ISSUES

anything except what is stated in Section 494(3) of the Criminal Code:


“Anyone, other than a peace officer, who arrests a person without
warrant shall forthwith deliver the person to a peace officer.” Under
this section, SPs are required by law to hand over arrested persons to a
police officer immediately.
 Authorized by law
The phrase “authorized by law” refers to situations in which the person
is empowered to do certain things but the choice to do those things lies
with the person. SPs are authorized by law to do many things:
– An SP who is assigned to security guard duty has authority under
the SSA to “provide or supervise a guard patrol or watch of
property, provide or supervise a guard of an individual, perform
services to prevent the loss of property, and provide door security at
an establishment licensed under the Liquor Control and Licensing
Act.” [SSA, Section 1]
– Acting on the authority of the property owner, SPs have the same
powers as the property owner to protect the property.
– Section 25(1) of the Criminal Code allows SPs to perform any
reasonable actions necessary for their job, using only as much force
as required. If the SP stays within these boundaries, he or she will
be acting properly and legally.
 Reasonable grounds
As mentioned in a previous section, “reasonable grounds” refers to a
set of facts that would cause an ordinary, cautious, and prudent person
to believe that an event has happened. Reasonable grounds go beyond
mere suspicion.

What to consider before using force


Before using force, SPs must be sure that:
 They are acting within their legal duty.
 They have good reasons for their actions.
 They use only reasonable force necessary to achieve their purpose. If
they use more force than is reasonably necessary, they may be
considered as having used excessive force. (Information on the
consequences of using excessive force is provided on page 131.)
 They take into account the human rights considerations explained on
pages 88-90.

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3 – LEGAL ISSUES

LAWFUL USE OF FORCE


The Criminal Code describes several situations in which the use of force is
allowed:
 To prevent an offence
 To defend against the use or threat of force
 To defend property

To prevent an offence
Section 27 of the Criminal Code authorizes the use of force to prevent an
offence from being committed:

Every one is justified in using as much force as is reasonably necessary


(a) to prevent the commission of an offence
(i) which for, if it were committed, the person who committed it
might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the
person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he
believes would, if it were done, be an offence mentioned in paragraph
(a).

Note that subsection (a) states that there are certain offences for which a
person may be arrested without a warrant. Some of the more common
examples are mischief, theft, break and enter, assault, and robbery.

To defend against the use or threat of force


Section 34 of the Criminal Code speaks to the issue of using force in self-
defence and in defence of others. This section states that individuals may
use force in these situations if:26

(a) they believe on reasonable grounds that force is being used against
them or another person or that a threat of force is being made
against them or another person;
(b) the act that constitutes the offence is committed for the purpose of
defending or protecting themselves or the other person from that use
or threat of force;
(c) the act committed is reasonable in the circumstances.

Whether a person’s use of force in self-defence or in defence of another is


reasonable is a question for the court to answer. Section 34(2) states that
when doing so, the court shall consider the circumstances of the person

26
The words “the act that constitutes the offence” and “the act committed” in Section 34(b)
and (c) respectively refer to a person’s use of force to defend himself or another person.

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3 – LEGAL ISSUES

who is claiming self-defence, the others involved in the incident, the action
taken, and the factors listed below. (The following list is not exhaustive.)

 What was the nature of the force or threat faced by the person who is
claiming self-defence?
 Was the use of force imminent? Did the person claiming self-defence
have any other options for responding to the force or threat?
 What role did the person claiming self-defence play in the incident?
 Did anyone involved in the incident use or threaten to use a weapon?
 What are the physical characteristics of the people involved in the
incident (size, age, gender, and physical capabilities)?
 Was there any relationship between those involved in the incident,
including any previous use or threat of force? If so, what was the nature
of that force or threat? What were the nature, duration, and history of
that relationship, if any?
 Was there any history of interaction or communication between the
people involved the incident?
 How did the person respond to the use or threat of force? Was the
response proportional to the force used or the threat made against him
or her?
 Was the person claiming self-defence actually responding to a use or
threat of force that he or she knew was lawful?

Under Section 34(3), if the use or threat of force was for a lawful purpose
(for example, in a case where a police officer is subduing a suspect), the
claim of self-defence or defence of others would not apply. The only
exception would be if the person claiming self-defence had reasonable
grounds to believe that the other person was acting unlawfully.

To defend property
Section 35(1) of the Criminal Code recognizes that property owners and
those who have legal possession of the property (e.g., SPs) have the right to
protect it. Hence, this section allows for the use of force against a person
who:

(i) is about to enter, is entering, or has entered the property without


being entitled by law to do so
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it
inoperative, or is doing so

Limits are stipulated, however, regarding such use of force. Under


Section 35(1)(c), the force employed must be used specifically to:
 Prevent the person from entering the property, or
 Remove him or her from it, or

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3 – LEGAL ISSUES

 Prevent the person from damaging or destroying the property or


making it inoperative, or
 Take the property away from him or her

In addition, the force employed must be reasonable with respect to the


situation. What is reasonable in a particular set of circumstances is a
question for the court to decide.

Finally, Section 35(3) states that the authority to use force to defend
property does not apply in cases where the other person is required or
authorized by law to take action upon the property. The only exception
would be if the property owner (or his or her representative) had
reasonable grounds to believe that the other person was acting unlawfully.

SPs must take into account the human rights


considerations explained on pages 88-90.

RESTRICTIONS ON THE USE OF FORCE


The Criminal Code imposes limits on the use of deadly force and prohibits
the use of excessive force.

Deadly force
Deadly force is force that can cause death or grievous bodily harm. Under
Section 25(3) of the Criminal Code, a person may use deadly force only if
he or she had good reason to believe that it was necessary to save himself
or herself from death or grievous bodily harm:

Subject to subsections (4) and (5), a person is not justified for the
purposes of subsection (1) in using force that is intended or is likely to
cause death or grievous bodily harm unless the person believes, on
reasonable grounds, that it is necessary for the self-preservation of the
person or the preservation of any one under that person’s protection from
death or grievous bodily harm.

Excessive force
Section 26 of the Criminal Code states:

Everyone who is authorized by law to use force is criminally responsible


for any excess thereof.

If SPs use more force than reasonably necessary, their actions will no longer
be justified, and they would be open to criminal and civil prosecution.

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3 – LEGAL ISSUES

Other constraints on the use of force


In addition to the Criminal Code, other guidelines exist regarding the
controlled and responsible use of force. These are found in:
 Operational policies instituted by the employer (e.g., security
businesses). SPs must be familiar with their employer’s operational
policies on the use of force.
 Provincial laws, such as the SSA
 Social acceptability

National Use of Force Framework

DEFINITION
The National Use of Force Framework (see diagram on the following page)
illustrates the elements of the process by which an SP assesses a situation
and selects a reasonable course of action to ensure public safety and his or
her own safety. The framework is based on the concept of control, and
serves two purposes:
 It describes a range of force options that may be used in response to
potentially violent situations.
 It provides a framework for identifying and understanding the factors
and events associated with a use of force incident.

USE OF FORCE RESPONSE OPTIONS


The outer ring of the Use of Force Framework identifies five response
options:
 Presence
 Communication
 Physical control (This option is not applicable to this course. It is
covered in the Advanced Security Training [AST] course.)
 Intermediate weapons (not covered in BST or AST)
 Lethal force (not covered in BST or AST)

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3 – LEGAL ISSUES

The majority of encounters that SPs face require only the first two options:
presence and communication. Only a small number of encounters require
the lawful use of physical force.

Response option What it involves


Presence  SP’s appearance, fitness level, uniform, and equipment
 SP’s physical stature and manner of arrival
 Reputation (how the public perceives the SP and the
company)
 Number of SPs at the scene
Communication  This option involves the use of verbal skills and non-
verbal skills. An SP may give the subject suggestions,
advice, directions, and/or loud, repetitive commands,
while using facial expressions, stance, eye contact, etc.
 Most encounters are resolved at this level.

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SUBJECT BEHAVIOUR
The response option used by the SP is determined by the behaviour
exhibited by the subject. The range of behaviours is indicated in the second
inner ring of the Use of Force Framework:
 Cooperative
 Passive resistant
 Active resistant
 Assaultive
 Grievous bodily harm/death

An SP’s perception of the subject’s behaviour in a given situation will


influence the SP’s choice of the category to which he or she believes the
subject belongs. Thus, it is important to note that in the framework, the
subject behaviour categories are clearly identified by name but without
defined borders. This indicates that the categories of behaviour might be
difficult to distinguish.

Subject behaviour Characteristics


Cooperative  The subject responds positively to the SP’s presence,
direction, and commands.
 A “Yes” person
Passive resistant  The subject does not physically interfere with the SP’s
attempts at control, but does nothing to assist.
 Examples: going limp like dead weight, refusing to
leave an area, disobeying a lawful order. (A lawful
order is “a demand or direction given by a person who
has the authority to do so.”)27
Active resistant  The subject does not physically assault the SP but
actively resists in a way that will not allow the SP to
gain control.
 This type of resistance is often accompanied by verbal
non-compliance (refusing a lawful order or direction).
 Examples: pushing/pulling away; attempting to flee
Assaultive  The subject not only resists the SP’s actions but actually
tries to physically assault him or her.
 This type of behaviour is sometimes preceded by verbal
non-compliance and pre-assault cues (commonly
known as psychological intimidation), such as facial
expressions, clenching of fists, threats, etc.
Grievous bodily  The subject violently resists and attempts to seriously
harm/death harm or kill the SP.
 Examples: weaponless serious assault, multiple
assailant attack, attack with any type of weapon

27
Adapted from the Black’s Law Dictionary definitions of “law” and “order.”

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3 – LEGAL ISSUES

Requirements associated with the use of force

DOCUMENTING USE OF FORCE ACTIONS


All use of force incidents must be properly documented. Section 7(g) of the
SSR states that SPs must complete a report detailing the following:
 Incidents where, while employed or engaged in security work, they used
any type of force against another person
 Incidents where a restraining device, firearm, or other weapon was used

If the security worker is employed by a licensed security business, the


business is held responsible for maintaining these reports. The Use of Force
Incident Report may be used for this purpose. (See page 251.)

DUTY OF CARE AND CONTROL


SPs have a duty of care and control over a subject upon whom they have
had to use force. The guidelines for care and control are the same as those
for arrested/detained persons. (See page 124.)

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3 – LEGAL ISSUES

Exercise: Use of Force Incidents

1. As a loss prevention officer, your role is to detect and apprehend


suspects found to be causing loss or damage to store property. One
morning, you see a female take four packages of batteries and conceal
them inside her jacket. She leaves the store without offering payment
for the batteries. Having witnessed the theft, you follow the female
outside the store, approach her, and identify yourself as Security. You
then touch her lightly on the shoulder and tell her that she is under
arrest for committing theft of the four packages of batteries. She
immediately starts yelling and swearing at you. She then pulls a
hypodermic needle from her pocket and waves it at you, yelling, “I’ll
stick you, man, I’ll stick you!” A crowd gathers, wanting to know what
is happening. The store manager tells you to get the batteries back.

a. Was this a legal arrest?

b. How would you have dealt with this situation? Would it have been
lawful for you to use force? Would it have been prudent for you to
do so? Why or why not?

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3 – LEGAL ISSUES

c. What would have been your most effective tool in this situation?

d. How would you have dealt with the crowd?

e. What information would you include in your report about this


incident?

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3 – LEGAL ISSUES

2. As a member of the parking facility security team, your job is to


maintain order, prevent and deter loitering, and remove any
unauthorized persons from the property. You are working with a
partner in the largest mall in town. While conducting a routine patrol
through the parking area, you come across three cars that have had
their windows smashed. You see three young males, all wearing the
same black jackets and ball caps. They are talking loudly and laughing.
You believe that they fit the profile of a local gang who have been
creating problems for the mall recently. You and your partner approach
them and ask them to accompany you back to the Security office so that
you can talk to them. Two of the males comply, but the third youth
runs off. Your partner pursues him and takes him down.

a. Were you in a legal position to request the males to accompany you


back to the Security office? Why or why not?

b. Was your partner justified in using force to apprehend the youth?


Why or why not?

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3 – LEGAL ISSUES

c. What information would you include in your report about this


incident?

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Using the power of forcible eviction


Relevant legislation
Under provincial law, property owners/renters and persons who are
licensed to serve liquor (as well as the agents/employees of these
individuals) are given the power of forcible eviction. The statutes that SPs
must be aware of in this regard are:
 Safe Streets Act
 Trespass Act
 Liquor Control and Licensing Act

28
SAFE STREETS ACT AND TRESPASS ACT
Under the Safe Streets Act and the Trespass Act, the owners or renters of
property may take action to deal with persons who enter the property
without authorization and/or engage in activity prohibited on the property.

The Safe Streets Act focuses on two types of offences: aggressive solicitation
and captive audience solicitation. The term “aggressive solicitation” refers
to actions on the part of panhandlers that make members of the public fear
for their safety. Some examples are:
 Aggressively following people while asking them for money
 Blocking a person’s passage while demanding money when the person
is trying to walk down the street
 Making rude comments or lewd gestures if someone refuses to give you
money, if those actions would cause a reasonable person to fear for his
or her safety
 Any other action that would make a reasonable person fear for his or
her safety

The term “captive audience solicitation” means approaching a person to ask


for money while the person is in a captive audience situation, such as
standing at a bus stop; sitting in a car at a stop light; getting off a bus or out
of a taxicab; or using, waiting to use, or leaving an ATM (bank machine).

The Act does not prohibit panhandling or begging if these are done in a non-
aggressive manner and away from a captive audience location. In addition,
charitable organizations may continue to hold fundraising activities on

28
Based on materials published by the Safe Streets Coalition and the Downtown Vancouver
Business Improvement Association, namely, Safe Streets Act and Trespass Act – Now in
Effect in British Columbia; Safe Streets Act Update (January 2005); and Trespass
Amendment Act Update (January 2005).

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3 – LEGAL ISSUES

private property (e.g., in front of a bank or supermarket, or near ATMs) as


long as they have permission from the owner/renter of the property.

Under the amended Trespass Act, the following are considered offences:
 Remaining on or returning to private property after being asked to
leave by the property owner/renter or a representative of the owner/
renter
 Defacing signs that give notice of trespass or prohibited activities

The Act also states that the person who has trespassed must provide his or
her correct name and address if asked to do so by the property owner/
renter or his or her agent.

LIQUOR CONTROL AND LICENSING ACT


This Act includes the following provisions related to forcible eviction:
 An intoxicated person must not be allowed to remain in a public place,
such as a nightclub or a bar. [LCLA, Section 41(1)]
 A person who holds a licence under this Act (or an employee of the
licensee) may ask a person to leave a licensed liquor establishment or
forbid a person to enter that establishment if for any reason the
licensee believes that the person’s presence in the establishment is
undesirable or that the person is intoxicated. When making such a
determination, however, the licensee and/or the licensee’s employee
must abide by the BC Human Rights Code. [LCLA, Section 46(1)
and (2)]
 A person who is requested to leave the establishment (or is forbidden to
enter it) must leave the premises, and must not enter it within 24
hours after he or she was requested to leave by the licensee or the
licensee’s employee. [LCLA, Section 46(3)]
 Those who attend a licensed liquor establishment must not carry a
knife, firearm, or other weapon, unless they have a lawful reason to do
so. If the licensee or the licensee’s employee knows that a person is
unlawfully carrying such a weapon, the person must be asked to leave.
[LCLA, Sections 46(3) and 47(2)]

Role of the SP
SPs may be asked to deal with persons who violate the Safe Streets Act, the
Trespass Act, or the Liquor Control and Licensing Act. Here are some
guidelines for SPs to keep in mind:
 If a person has violated any of these laws, explain to the person that he
or she is no longer welcome on the property and ask the person to
leave. You may also ask the person to identify himself or herself. If the
person refuses to leave or refuses to identify himself or herself, you may
call the police.

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3 – LEGAL ISSUES

 If the person leaves after you have called the police, cancel the police
call unless the person is a repeat offender and/or a public safety issue is
involved.
 Be patient while waiting for the police. They have a call load to deal
with.
 Document the incident. The information you record may help the police
take action.
 Be aware that the police may avoid proceeding on cases unless the
offender is deliberately non-compliant and refuses to respond to reason.

For more information on the Safe Streets Act and the Trespass Act, visit
the Safe Streets Coalition Web site at http://www.safestreetscoalition.com.

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3 – LEGAL ISSUES

Improper or illegal conduct


Complaints from the public
If a complaint29 is received from the public about the licensing of a security
business or security worker, or about the behaviour of a security worker or
the use of equipment, the allegation is thoroughly reviewed.
 If the alleged offence is covered by the SSA, a complaints process is
used. (See following pages.)
 If the offence is not covered by the SSA, there may be other avenues of
remedy, including those provided by WorkSafe BC, the Employment
Standards Branch, and the BC Human Rights Tribunal.30

Consequences of acting improperly or illegally


SPs face a range of consequences for acting improperly or illegally. These
can include:
 Being charged with a criminal offence
 Being sued in civil court (includes complaints of discrimination)
 Getting suspended or fired
 Having their security licence suspended or revoked

The consequences always depend on the circumstances of the case and


what the SP intended to do. If the SP’s actions were justified and if the SP
acted in good faith, he or she will not be liable for a criminal or civil charge.

29
The complaint form is available at http://www.pssg.gov.bc.ca/securityindustry/shareddocs
/spd0512-compliaint.pdf. A sample is also found on page 247.
30
For more information about the BC Human Rights Tribunal, see http://www.bchrt.bc.ca.

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Exercise: Analyze This!


1. You are working at a concert as part of the event security team. You are
responsible for checking IDs and ensuring that no liquor is brought into
the event. Each patron must have a ticket to enter. The ticket clearly
indicates that no outside liquor is permitted at the location and that
patrons may be subject to a search. You observe an individual carrying
a large duffel bag entering the gate.

a. Do you have the right to search the bag? Why or why not?

b. Do you have the right to search the individual? Why or why not?

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2. While providing security services at a hospital, you are called to the ER


to deal with a violent patient. When you arrive, you observe a male
speaking very loudly. He is threatening the medical staff and suddenly
strikes a nurse. You approach the patient and he immediately becomes
combative; he struggles as you attempt to restrain him.

a. Are you within your legal rights to use force to restrain the patient?
Why or why not?

b. If so, how much force are you permitted to use?

c. What could be considered excessive force in this case?

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3. You are working as an SP for EFG Construction. Your job is to detect


and apprehend anyone whom you find committing theft or perpetrating
mischief in relation to property. One day the site supervisor sees a well-
known metal thief walking quickly off the construction site. The site
supervisor tells you to arrest this person. You hesitate briefly, and then
you do as the supervisor asks. Both of you escort the male back to the
site trailer. The male brings out some tools from his backpack, begging
for a break and asking you not to charge him with theft. Your
supervisor asks you to call the police and charge him.

a. Did you have the right to arrest the male? Why or why not?

b. Would you call the police? Why or why not?

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Segment 3 Review Exercise

1. What does the term “law” mean?

2. What is the difference between criminal law and civil law?

3. List six laws that are part of the legal framework for SP duties and
powers.

a.
b.
c.
d.
e.
f.

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4. What is the purpose of the Canadian Charter of Rights and Freedoms?

5. What are the three principles of fundamental justice?

a.

b.

c.

6. What fundamental right is protected under Section 8 of the Charter?

7. What does the term “arbitrarily detained” mean?

8. What three rights does an arrested/detained person have?

a.

b.

c.

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9. What fundamental right is protected under Section 15 of the Charter?

10. Name two laws that govern the protection of human rights in BC.

a.
b.

11. Give two examples of discrimination in the provision of services.

a.

b.

12. List four human rights standards and principles that SPs must follow.

a.

b.

c.

d.

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13. What is the difference between actus reus and mens rea?

14. Give an example of an indictable offence.

15. Give an example of a summary conviction offence.

16. What does the term “facts in issue” refer to?

a.
b.
c.

17. List three crimes against property that SPs might encounter in the
course of their work.

a.
b.
c.

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18. List three crimes of violence against people that SPs might encounter
in the course of their work.

a.
b.
c.

19. List three offences against public order that SPs might encounter in
the course of their work.

a.
b.
c.

20. Give two examples of qualifications that a person must have in order to
obtain a security worker licence.

a.

b.

21. List three terms that SPs must never use to describe or identify their
services.

a.
b.
c.

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22. List three items of equipment that SPs are prohibited from carrying
and using.

a.
b.
c.

23. Name a guideline that SPs should keep in mind regarding freedom of
information and protection of privacy.

24. Which statute states that a person who gives emergency assistance at
the scene of an incident is not liable unless he or she is grossly
negligent while doing so?

25. Name three situations in which the power of citizen’s arrest may be
exercised.

a.

b.

c.

26. What duties must SPs fulfil when making an arrest?

a.
b.
c.

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d.
e.

27. Name three things that an SP should do to maintain a controlled


environment for custody.

a.

b.

c.

28. What factors should be considered when determining whether a person


can give informed consent?

a.
b.
c.
d.
e.

29. When a use of force incident is assessed, two principles apply. What are
they?

a.

b.

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30. The Criminal Code lists three situations in which the use of force is
allowed. List these situations.

a.
b.
c.

31. What does the term “deadly force” mean?

32. Aside from the Criminal Code, what other rules must SPs follow
regarding the controlled and responsible use of force?

a.
b.
c.

33. Which of the response options shown on the National Use of the Force
Framework involves the use of verbal and non-verbal skills?

34. What is the difference between a passive resistant subject and an active
resistant subject?

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35. List two types of use of force incidents that SPs must report.

a.

b.

36. Name three laws that give property owners/renters/liquor licensees


authority to deal with persons who enter the property without
authorization and/or engage in activity prohibited on the property.

a.
b.
c.

37. List four possible consequences that SPs could face as a result of
improper or illegal conduct.

a.
b.
c.
d.

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Learning Objectives

 Explain the benefits of an SP’s notebook.

 Explain the guidelines for effective note-taking.

 State the rules for maintaining a notebook.

 List the parties who may access an SP’s notebook.

 Explain how an SP’s notebook may be used in court.

 Write effective notes about an incident.

 Explain the purpose of a report.

 List the instances when a report must be written.

 Describe the characteristics of an effective report.

 Describe the report-writing process.

 Write an effective report.

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Effective Note-taking

Those hoping to succeed as security professionals will need to bring a wide


range of knowledge, skills, and abilities to the job. Among the most
important skills that an SP needs is the ability to observe details in his or
her surroundings and to record these details in a clear, accurate, and concise
manner. In this context, a properly completed notebook is often the single
most important piece of equipment the SP can carry.

Benefits of the notebook


SPs will find their notebooks an invaluable tool for several reasons:
 The notebook is an aid in the investigative process.
SPs are often involved in mundane, routine activities. The excitement
of security work is that one is never sure when these mundane and
routine observations will become key pieces of information in more
important matters. On many occasions, complex criminal trials have
been successful because of some seemingly insignificant piece of
information that a professionally trained SP had noted in his or her
notebook. Police will routinely interview SPs about events they might
have witnessed. SPs who have been diligent in observing and recording
unusual occurrences will soon have the police indebted to them for
their professionalism.
 The notebook is an aid in preparing reports.
SPs must be prepared to complete occurrence reports on incidents they
have observed. The amount of detail in the report as well as its
completeness and accuracy will depend on how well the SP is able to
recall the incident. A detailed and accurate notebook entry becomes an
invaluable aid for this purpose. There should be complete consistency of
information between the SP’s notebook and his or her reports.
 The notebook reflects the SP’s ability and efficiency.
Using a notebook reflects an adherence to policy. An SP’s notebook is
also a reflection of his or her skills, abilities, habits, efficiency, and
professionalism. Supervisors might judge the SP by the organization
and neatness of the notebook, and the relevance of the material
contained in it. An SP who keeps inferior notes may be perceived as
unprofessional.
 The notebook is a way to ensure accountability.
Security work, like police work, is subject to public inquiries and
complaints. The SP who keeps accurate notes about dealings with the

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public will be in a better position to respond to such inquiries or


complaints. On occasion, an internal inquiry might require the SP to
account for his or her whereabouts on a particular day and time. In
addition, supervisors might request that SPs submit their notebooks
for examination in order to accurately assess their performance.
 The notebook is an aid to court testimony.
If an SP is ever called to testify in court, a detailed and accurate
notebook will be an invaluable aid. It often takes months for a case to
come to trial. By that time, most people will have forgotten many of the
details of the event. An SP who testifies with only vague recollections of
the incident or who repeatedly says “I don’t know” or “I can’t recall” is
a poor witness.

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Taking effective notes


Format
An appropriate notebook is a bound book (not a three-ring binder or other
style of book from which pages can be easily removed). Ideally, the pages
should be sequentially numbered to show that no pages are missing.

The cover of the notebook should contain the name of the owner, the book
number, the start date, and the end date. (See sample below.)

Sample notebook cover

Variations on the cover design are allowed, but all the information
presented in the sample must appear.

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Required information
For every shift, record the following information:
 Date
 Duration of the assigned shift (Use the 24-hour clock.)
 Weather conditions at the beginning of the shift
 Partners or other SPs working on shift at the time
 Equipment issued (vehicle number, radio number, etc.)
 Location assigned
 Special assignment notations
 Start time
 End time

Notes on what occurred during the shift should include the following
information:
 Time arrived on scene
 Type of incident
 Complete factual information on individuals at the scene
 Diagrams, where necessary
 Evidence found, by whom, where, time found, and where disposed
 Statements from individuals (recorded word for word)
 Suspect description (height, weight, hair colour, clothing, any
distinguishing features)
 Property description (make, model, serial number, identification
numbers, colour, distinguishing features, size, value, owner)
 Incident/case file number (provided by the police)
 Contact information for all witnesses (name, address, telephone
numbers)
 CCTV information (Tape/CD/DVD number and where stored)

SPs should record the information about an incident in their notebooks as


soon as practicable after the event, and keep their notes in chronological
order. The time at which the SP begins to write in the notebook should be
indicated in the left-hand margin. Nothing else should be written in this
margin. Names and addresses should be printed so that there is no
possibility of misinterpreting any letters or numbers. (See sample on
page 168.)

SPs should include only objective observations, and avoid stating opinions.
Here are examples to show the difference between objective observations
and opinions:
Opinion: The suspect was drunk.
Objective observation: The suspect had a strong smell of liquor on his
breath. He was unsteady on his feet, his speech was slurred, and his
eyes looked bloodshot.

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The objective observation describes behaviours that are consistent with a


person who has consumed too much alcohol but can also describe someone
with bad breath who is extremely tired.

Sample notebook entry Date

Location

Assigned shift

Name of partner

Weather conditions

Actual time you started

Occurrence
description

End of shift

Line through unused parts


of notebook

Your initials on edits

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Maintaining a professional notebook


SPs must ensure that their notebooks reflect their efficiency and
professionalism. Here are some guidelines to keep in mind:

Do Don’t
 Use only one notebook at a time. Keeping two  Do not use the notebook to record personal
notebooks at the same time might lead to notes, such as a friend’s telephone number, a
suspicions that the records were manipulated. grocery list, etc.
 Make all entries in ink (preferably black ink,  Do not use profanities unless they are part of a
which photocopies well). Entries made in statement made by another person.
pencil can easily be erased. This might lead to
 Do not leave blank spaces, lines, or pages in a
suspicions that the notes were altered.
notebook. If this accidentally happens, draw a
 Make all entries legible. The test is whether line through the space and initial the end of
you can consistently read your own notes. the space, line, or page.
Shorthand, abbreviations, etc. are allowed.
 Never tear a page out of the notebook.
 Correct all errors immediately by drawing one Missing pages might create the impression
line through the error (do not scribble over or that you are trying to hide something.
erase), initialling the error, and then making
the correct entry on a separate line.
 Keep control of the notebook. It should be in
your possession at all times while you are on
duty. When off-duty, make sure it is kept in a
secure location.
 Keep all notebooks intact. You cannot predict
when you might be called to testify at a
criminal or civil trial.

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Access to the notebook


Other parties may be given access to an SP’s notebook. These parties are:
 Another SP (as long as that person read and initialled the notes at the
time they were made)
 Supervisors
 Compliance and enforcement inspectors
 Police
 The court (if the notes were entered as an exhibit in the case)
 Crown counsel
 Defence counsel
 A witness who gave a written or oral statement that is recorded in the
notebook. The statement should have been read and signed by the
witness at the time.

When testifying in court as a witness, an SP may refer to his or her notes


only with the permission of the judge. Before granting permission,
however, the judge will want to know two things:
 Is the witness’s memory exhausted?
 Were the notes made at the time of the event or as soon as practicable
after it occurred?

SPs testifying in court are allowed to refer only to the original notes made
at the same time as the event in question or as soon as practicable after it.

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Exercise: Taking Notes


For this exercise, follow your instructor’s directions.

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Effective Report Writing

Security professionals are required to prepare reports. Experience and


records have shown, however, that many investigations have faltered
because those involved have failed to properly record their findings in
writing. Preparing effective reports enables SPs to protect themselves from
the suspicion that their investigations were less than competent or
professional. All those involved in investigating an incident should think
ahead to the possibility of testifying at some type of legal proceeding and
should prepare their reports properly so that they are able to answer any
questions put to them.

An effective report does not need to contain long sentences or sophisticated


words. The objective of report writing is not to impress, amuse, entertain,
or confuse the reader, but to provide a clear, complete, and accurate record
of the facts. For example, suppose that an SP interrupted a break-in at a
worksite. Compare the following reports of the same event:

Descriptive account Factual report


I saw the accused swiftly approach I saw the accused approach the
the concrete building known to me chemical plant. The accused looked
as the chemical plant. His shadow left and right before approaching the
was distracting but I could make out window.
his silhouette in the crisp moonlight.
He moved his head toward the east
and then the west, as if trying to
sense the presence of danger.

The descriptive account develops a sense of drama, while the factual report
documents what was seen. Reports written by SPs must be factual records
of events.

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Purpose of reports
Reports serve a number of purposes:
 To serve as an official record of what happened
 To state what was done and why
 To suggest future actions
 To provide statistical records
 To aid other professionals in doing their jobs

A report that is based on a complete and competent investigation helps


achieve one or more of the following goals:
 Apprehension of the suspect
 Recovery of property
 Procedural changes/corrections
 Safety enhancements
 Mitigation of the possibility of civil awards against the SP and his or
her employer

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Writing effective reports


Types of reports
In general, SPs are asked to complete two types of reports:
 Administrative
These reports deal with the routine functioning of the security
organization or client (e.g., requests for equipment, resources, or
holiday leave). Many companies have standardized forms for some of
these reports in which the SP merely fills in the blanks. In other cases,
however, the SP may be required to draft a memo detailing the request
or providing information to supervisors.
 Operational
These reports are written records of incidents of a significant nature.
Also known as “occurrence reports,” they contain information on
various types of incidents (e.g., intruders, damage to property, other
security violations), the security concerns of the client, and actions
taken by the SP in conducting an investigation or arrest. The
operational (occurrence) report is often in a format that combines fill-
in-the-blanks sections with a space for a narrative report.

Content
Although reports vary in content depending on type and need, certain
crucial elements are required for completeness. Operational/occurrence
reports require information that answers the questions Who, What, Where,
When, Why, and How.

The following information should be included in every report:


 Identifying information for witnesses, victims, and other parties to the
investigation
– Full names and nicknames/aliases, if known
– Race
– Sex
– Age
– Addresses (home, business, and any other addresses)
– Telephone numbers (home, business, and any other numbers where
the person can be reached)
– Occupation
– Physical descriptions (including physical defects, scars, tattoos,
clothing, etc.)
 Description of property (including value, if appropriate)
 Dates and times of the incident and related events

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Common errors in report writing


 Trying to impress readers with one’s vocabulary or education
 Failing to communicate clearly, accurately, and completely
 Using artificial name references (e.g., “Reporting Officer Johnson,
while in the presence of the below-named witness, read the suspect his
rights …”)
 Repeating information or including unnecessary information
 Cluttering the report with police terminology

Qualities of an effective report


 Clear
“… it is essential to use a clear and uncluttered style; the report must
be written not only so that it can be understood but, more importantly,
so that it cannot be misunderstood.”31
 Concise
Do not provide either too much or too little information. Cut out
unnecessary words, but make sure to include all the important
information.
 Complete
A report is an official record, so it should contain all the information
that the person reading the report would need so as to fully understand
the incident or case being reported. “One way to ensure the
completeness of a report is to think to oneself, ‘If I were to die
tomorrow and this report were the only information on this incident,
how completely and accurately would it reflect what I know about this
[case]?’”32
 Accurate
“The report must be completely accurate. No detail should be added or
deleted; the potential or actual consequences of such deviations,
however innocent the motivation, are considerable.”33 Never deviate
from the facts of the case.
 Written in an objective and professional style
Preparing effective reports takes practice, attention to detail, and
planning. Reports must:
– Present information in chronological order
– Be organized according to the sequence of events

31
Charles R. Swanson et al., Criminal Investigation (sixth edition). New York: The
McGraw-Hill Companies Inc., 1996, p. 173.
32
John D. DeHaan, Kirk’s Fire Investigation (fourth edition). Upper Saddle River, NJ:
Prentice-Hall Inc., 1997, p. 431.
33
Swanson, Criminal Investigation, p. 173.

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– Contain the full name, address, and contact information of each


party identified in the report
– Be free of bias
– Not contain any opinion, unless supported by facts; nor any slang,
jargon, or profanities, unless these are part of a statement made by
a third party
– Be written in the active – rather than the passive – voice34
– Be neat and legible
– Be free of grammatical mistakes, and spelling and punctuation errors
 Submitted in a timely manner
To do so, write the report as soon as possible after the event.

Well-written reports yield the following benefits:


 They create a permanent record of official business.
 They can serve as memory aids.
 They allow for the tracking of unique problems over time.
 They help to determine accountability.

Report-writing process
Writing a narrative report involves three steps:
1. Organizing the material
2. Writing the report
3. Reviewing the report and rewriting if necessary

ORGANIZING THE MATERIAL


Before writing the report, the SP should list the main points it should
contain. This list need not be in any particular order at this time. The
objective is simply to list the report’s main points and then decide how
those points should be ordered. For example, the following is a list of points
about a break-in. This list does not represent the sequence in which the
events occurred; but it does contain the essential details that should be
included in a report about the incident.

List of points
 Suspect name
 Last person to secure premises
 Owner of the property that was stolen

34
The active voice is short and to the point. The passive voice is more bureaucratic, longer,
and less direct. For example, the following is in the passive voice: “The inspection was
thought by us to be unfair because our facility was inspected in areas not clarified in your
guidance to us.” In comparison, the following is in the active voice: “We thought the
inspection unfair because you did not provide us with the complete inspection guidelines.”

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 Time of SP’s arrival


 Location of event
 Police officers in attendance
 Time of event
 Witnesses
 Disposition of property
 Disposition of evidence (e.g., CCTV footage, photographs, etc.)

A report that was written based on the sequence shown in the previous list
would be very confusing. Hence, the next step would be to place the details
in a sensible order. One way to do is to assign numbers to each point, thus
indicating the order in which the items should be presented. For example:

List of points in correct order


1. Time of SP’s arrival
2. Location of event
3. Time of event
4. Police officers in attendance
5. Last person to secure premises
6. Witnesses
7. Suspect name
8. Owner of the property that was stolen
9. Disposition of property
10. Disposition of evidence

SPs should organize their reports based on the correct sequence.

WRITING THE REPORT


Write an introduction
The introduction contains a brief description of events that led up to the
main incident. For example, the following introduction describes the events
leading up to a break-in at 1234 Main Street, which resulted in the theft of
computer equipment.

At approximately 2330 hours on 07-01-22, SP SMITH attended 1234


Main Street in response to a silent alarm. Upon arrival, SMITH noticed
fresh tire tracks leading to and from the scene. The tracks were visible
because of a light rain that started to fall between the time the alarm
was activated and the time SMITH arrived. SMITH then approached
the main premises and noticed that a window had recently been
damaged.

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Note that in this introduction:


 Time is given as approximates only as an SP can never be certain about
the exact time.
 Time is expressed using the 24-hour clock.
 The actions taken by SP Smith are described explicitly.
 Last names are set in capital letters as this can help prevent confusion
between last names and first names.

Write the body of the report


This section of the report continues from the introduction. It fully
describes, in chronological order, the sequence of events. The body of the
report does not describe only the events uncovered by the SP but all of the
events having to do with the incident, including those that occurred after
the SP completed his or her investigation.

Suppose that in the previously described situation, the following events


transpired:
1. Someone broke into the building.
2. The suspect stole computer equipment.
3. The suspect escaped.
4. The police arrived.
5. The suspect was apprehended.
6. The computer equipment was located.

A narrative report might describe these events as follows:

At approximately 2330 hours on 07-01-22, SP SMITH attended 1234


Main Street in response to a silent alarm. Upon arrival, SMITH noticed
fresh tire tracks leading to and from the scene. The tracks were visible
because of a light rain that started to fall between the time the alarm
was activated and the time SMITH arrived. SMITH then approached
the main premises and noticed that a window had recently been
damaged.

SMITH examined the point of entry to the premises and contacted


Dispatch to request for police attendance. At approximately 2342 hours,
Constable RANGA (#147) arrived at the scene with police dog Blackie.
The police dog established a track that led westbound out of the site into
a neighbouring residential community. SP SMITH remained at the
scene of the break-in to assist the investigating police officers, LEE
(#1213) and SAWATSKY (#1472). LEE (#1213) found a jacket, the
sleeve of which was covered in blood. It appeared that the jacket was
used by the suspect to help smash the window. The jacket contained a
bus pass in the name of Howard STOLZ.

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At approximately 0015 hours 07-01-23, Constable RANGA (#147)


indicated that he and police dog Blackie had a suspect in custody.
Constables LEE (#1213) and SAWATSKY (#1472) provided SP SMITH
with the case number for the police file.

At approximately 0100 hours 07-01-23, SP Smith was met at the front


door of the premises by Ms. Sheila LAMB, a representative of the
company situated at 1234 Main Street. Ms. LAMB stated that she was
the last person to secure the building and had done so at approximately
1720 hours 07-01-22. She stated that at that time, all windows and
doors were secure.

The report should continue by describing what was stolen, from which
office, and the value of the item(s). The report should also indicate whether
any items were recovered and, if so, where they were located and by whom.

The body of the report, therefore, is meant to describe the Who, What,
Where, When, Why, and How of an event. The following are some examples
of the information that SPs should consider including under each of these
categories. (The following lists refer to a break and enter.)

Category Purpose Information that may be included


Who Describes people involved in  Victim
the event  Complainant or person who reported the incident
 Suspect
 Witness
 Investigators
 Emergency service personnel
 Property owner
 Person who discovered the crime (or event)
 Person who last secured the property
What Recounts what happened and  What actions did the suspect take?
what needs to happen  What actions did the SP take?
 What events occurred?
 What evidence was located?
 What was taken, damaged, etc.?
 What did the witnesses say?
 What needs to be done?
Where Describes the location of the  Where did the event(s) take place?
events  Where was the evidence located?
 Where was the damage or theft completed?
 Where did the suspect go?
 Where are the witnesses and victims?

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4 – DOCUMENTATION

Category Purpose Information that may be included


When Describes the chronological  When was the building left secured?
sequence of events  When were the stolen items last seen?
 When was the theft discovered?
 When did the SP attend?
 When did the police attend?
Why Explains the reasons for certain  Why was the crime committed (motive)?
events taking place  Why was the crime undetected?
 Why are the witnesses or victims reluctant?
 Why did the SP do what he or she did?
How Describes how the event took  How did the crime occur?
place and how it was  How was entry gained?
responded to  How did the suspect(s) behave?
 How was the crime detected?
 How did the suspect(s) escape?
 How were the items removed?
 How were the suspect(s) apprehended?

Before writing a report, the SP should note the types of questions he or she
should answer in the report. The categories listed above (and the examples)
can serve as a guide. By asking these questions, the SP is able to focus on
specific details of the event in a chronological and logical manner.

REVIEWING AND REWRITING THE REPORT


SPs must critically evaluate the reports they write. This is a difficult
process because authors often do not hear the message the same way an
uninvolved reader might.

One helpful technique is for the SP to read the report aloud slowly. The ear
will often detect areas that lack clarity. An indication that there might be a
problem with the way a sentence is worded is if the reader hesitates while
reading it. This is usually a good indication that there is something wrong
with the way the passage is written.

Remember that this stage is as concerned with the proper description of


the facts as it is with the clarity with which these facts are presented.

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4 – DOCUMENTATION

Access to reports
SPs must prepare reports with the knowledge that they are public
documents. The following parties may have access to these reports:
 Another SP (as long as that person read and initialled the notes on
which the report was based)
 Supervisors
 Compliance and enforcement inspectors
 Police
 The court
 Crown counsel
 Defence counsel
 A witness who gave a written or oral statement that is recorded in the
report. The statement should have been read and signed by the witness
at the time.

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4 – DOCUMENTATION

Exercise: Writing a Report


Write a report based on the notes you took regarding the incident referred to
on page 171.

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Segment 4 Review Exercise

1. List five benefits of notebooks.

a.
b.
c.
d.
e.

2. Give three examples of information that must be included in an SP’s


notes for each shift.

a.
b.
c.

3. When should an SP record information about an incident?

4. List three things that an SP must do to correct an error in the


notebook.

a.
b.
c.

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4 – DOCUMENTATION

5. List five examples of parties who may be given access to an SP’s


notebook.

a.
b.
c.
d.
e.

6. What is the purpose of reports?

a.
b.
c.
d.
e.

7. List the characteristics of an effective report.

a.
b.
c.
d.
e.
f.

8. What are the three steps in the report-writing process?

a.
b.
c.

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9. What is the purpose of the body of a report?

10. Who may be given access to an SP’s reports?

a.
b.
c.
d.
e.
f.
g.
h.

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5 – Personal Safety
5 – PERSONAL SAFETY

Learning Objectives

 Define “safety.”

 Describe the elements of a safe interview stance.

 Describe the various relative positions that could be used in an encounter.

 Explain the importance of continuous assessment.

 Define “tactical communication.”

 State the goal and benefits of tactical communication.

 Explain how tactical communication fits in the National Use of Force


Framework.

 Apply three major tactical communication strategies.

 Describe the desired outcome of tactical communication.

 List personal safety strategies.

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5 – PERSONAL SAFETY

What Is Safety?

Definition
When carrying out their duties, security professionals might come across
conflict situations that will require a safe but effective response. In these
circumstances, SPs must act in a reasonable manner to ensure their safety
as well as that of the public.

For an SP, the term “safety” refers to the effective management of physical
danger, legal risk, and loss, through assessment, planning, and appropriate
action.

To help ensure safety, SPs must:


 Assume a safe interview stance in every encounter with a subject.
 Be mindful of their location relative to that of the subject (relative
positioning), and aim to assume and maintain the position of greatest
advantage and safety.
 Continually assess the situation to determine the most appropriate
response, and be prepared to adjust the response based on changing
circumstances.

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Safe interview stance


Definition
Various elements come into play in the SP’s effort to maintain personal
safety and the safety of the public. One of these elements is the use of a
safe interview stance in every encounter with a subject.

A safe interview stance is a balanced and protected position from which


SPs can respond quickly. It is a ready stance that is used for talking with a
subject. The stance must be relaxed, flexible, and adaptable to various
situations. SPs must employ the safe interview stance whether they are
obtaining information from a citizen or a possible suspect. In all cases, they
must maximize their safety and reduce the opportunity for an unexpected
attack.

Elements of a safe interview stance

REACTIONARY GAP
One element of a safe interview stance is an appropriate reactionary gap:
that is, SPs must maintain sufficient distance between themselves and the
subject. Standing too close to the subject can result in the following:
 Less distance in which to react (Less distance means less time, and less
time means fewer response options.)
 Impairment of peripheral vision
 Possible loss of balance
 Difficulty reacting to the spontaneous or unexpected actions of the
subject

BODY POSITION
The best position that an SP can take with respect to a subject is not face-
to-face; rather, the SP should position his or her body at an angle, with the
strong side away from the subject (“blading” the body). In addition, the SP
must be positioned as described below.
 Feet positioned approximately hip distance apart
 Body weight centred over hips
 Body turned at a 45 angle to the subject
 Hands open and relaxed above the waist
 Legs relaxed and ready for movement

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5 – PERSONAL SAFETY

Relative positioning
The SP’s location relative to that of the subject is also a key component of
safety. As mentioned earlier, SPs must be mindful of relative positioning,
and aim to assume and maintain the position of greatest advantage and
safety. Here are the relative positions that could be used in an encounter:

1.5 1.5
1.5 1.5

1
1.5 1.5


Subject 2

2.5 2.5

A vulnerable or dangerous position because the SP is within range of


1 the subject’s extended limbs. Most vulnerable to assaultive behaviour
by the subject.

The interview position – outside the range of the subject’s ability to


1.5
kick the SP. Ideally, not directly in front of the subject.

2 At the side of the subject’s body. Infrequently used.

The escort position: 45 behind the subject. Used by SPs to exercise
2.5
control over the subject. The best position for the SP to gain control.

Directly behind the subject. A disadvantage for the subject as he or


3
she is facing the opposite direction.

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Continuous assessment process


Levels of risk
Different subjects pose different levels of risk:

Level What it means


Known The SP has encountered the subject in the past and is familiar
with his or her behavioural patterns, and/or credible
information about the subject or the situation is known.
Unknown The SP has not encountered the subject before, and/or there is
no credible information about the subject or the situation.
High High risk exists in various situations, such as:
 The subject displays aggressive behaviour.
 There are multiple subjects.
 Weapons are used.
 The subject is unknown to the SP.
 Credible information is known that suggests that the subject
or the situation is high-risk.

Assessment cycle
The innermost ring of the Use of Force Framework indicates the steps
involved in the continuous assessment of a situation.

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5 – PERSONAL SAFETY

As mentioned in Segment 2, these steps must be taken in the following


order:
 Step 1 – Assess the totality of the situation.
 Step 2 – Plan a reasonable response.
 Step 3 – Act by carrying out the reasonable response.
 Step 4 – Re-assess.

ASSESS PLAN
SITUATION

ACT

Stages of assessment
SPs must begin assessing the situation at the earliest possible instance and
continue assessing at each stage:

1 When the call is first received


(The SP must gather as much information as possible.)
2 While en route to the scene
3 Upon arrival at the scene
4 During the first approach to the subject
5 While entering the immediate scene
6 While on scene
7 While exiting

SPs must constantly re-assess the situation in order to respond


appropriately to changing circumstances in a timely manner. This may
involve an escalation or de-escalation of the force response. The cycle
continues until the situation is resolved or the SP disengages.

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Factors to consider
Several factors must be considered in the assessment process:
 Influencing factors (which relate to the totality of the circumstances)
 Time and distance
 Indicators of potential problems
 Whether the SP should and is able to disengage

INFLUENCING FACTORS
While the assessment process is a standard for all SPs to follow, individual
SPs might respond differently to the same situation or subject behaviour.
Certain factors might be the same in both cases (e.g., number of subjects,
demonstrated threat, environment), but other factors might differ (e.g., the
SP’s abilities, background, skills, etc.). Influencing factors include SP
considerations, subject considerations, and environmental considerations.
Here is a detailed (but not exhaustive) list of factors for each category.

SP Subject Environment
 Size  Demonstrated behaviour  Friendly or hostile territory
 Strength/overall fitness or resistance level  Availability of physical
 Skills  Size cover
 Experience  Strength  Proximity of back-up
 Age  Skills (when demonstrated)  Safety of others in the
 Fears  Age environment
 Gender  Gender  Escape routes
 Sight (vision)  Weapon(s)  Terrain (footing, effective-
 Cultural background  Number of subjects ness of force options)
 Stress symptoms – One subject facing one  Weather (footing, rain,
 Number of SPs SP snow, wind, visibility,
 Availability of back-up – One subject facing two effectiveness of force
 Reasonable perception of or more SPs options)
subject’s ability and – Multiple subjects facing  Lighting (visibility,
willingness to resist one SP daylight, darkness,
 Reasonable perception of – Multiple subjects facing effectiveness of force
imminent threat to public, multiple SPs options)
self, or subject  History of violence  Physical position (rooftop,
 Position, distance, reaction  Drug-induced roadside, stairwell, etc.)
time  Goal-oriented (Subject is  Cover, concealment
 Disengagement intent on achieving a  Other hazards
 Exhaustion, injury, or particular goal [to escape,
disability to attack, etc.] and may be
 Intuition impervious to pain, unable
to think clearly, etc.)
 Mental state
 Language barrier
 Known information
 Previous history, reputation

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5 – PERSONAL SAFETY

Note

SPs must not base their response on any single factor, but
rather consider all these factors and the entire situation. They
must avoid stereotyping and responding on the basis of
biases or assumptions.

TIME AND DISTANCE


The conditions of time and distance must be considered in the assessment
process because they determine whether an SP must respond immediately
or may employ a delayed response. For example, in situations where there
is a pressing threat to public safety, an immediate response might be
unavoidable.

In other situations, however, simply being able to increase the distance


between the SP and the subject may reduce the threat and present
opportunities for further assessment and/or communication. This would give
the SP time to use other options, such as going for help or calling 9-1-1.

The specific considerations related to time and distance are:


 How serious is the situation?
 Must the SP act immediately?
 Can the SP create more time and distance?
 Are there escape routes?
 Is the subject responsive to communication?

INDICATORS OF POTENTIAL PROBLEMS


The third factor to be considered in the assessment process is the body
language or specific behaviours demonstrated by the subject as these may
provide clues to his or her intentions. Here are some factors that SPs
should consider when assessing the situation:
 Subject obviously ignores the SP.
 Subject resists requests and/or commands.
 Subject asks many challenging questions or throws the SP’s questions
back to him or her.
 Subject looks around or looks through the SP with glazed eyes or empty
stare.
 Subject uses excessive, exaggerated movements (trying to distract the
SP; not acting in a normal fashion; pacing, turning, pointing,
threatening with fists, arm bent, hands on hips; or making no
movements at all).
 Subject invades the SP’s personal space (crowding; coming up right in
the SP’s face; rushing right up to the SP).

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5 – PERSONAL SAFETY

 Subject assumes a balanced stance before attacking or striking out


(lowering the centre of gravity; putting head and shoulders back;
rocking or shifting).
 Subject engages in challenging, belligerent behaviour, and/or yells and
curses.
 Subject suddenly changes from uncooperative to cooperative to put the
SP off guard and set him or her up.
 Subject acts as though drunk.
 Subject redirects the SP’s attention to another person.
 Subject looks at the intended target before striking out.
 Subject’s facial expressions indicate body tension (red-faced; twitching;
lips tightening).
 Subject is breathing heavily.
 Subject is sweating profusely without apparent reason.
 Potential weapons are visible (e.g., garden shears, rake, shovel).
 Subject’s movements lead the SP to suspect an unseen weapon (hidden
hands; hands in palming position or in a closed position; slow hand
movements, such as bringing hands slowly into pockets).

Note

SPs must not base their response on any single factor, but
rather consider all these factors and the entire situation. They
must avoid stereotyping and responding on the basis of
biases or assumptions.

POSSIBILITY OF DISENGAGEMENT
If the SP’s mere presence is not sufficient to resolve the situation, he or
she may use communication tactics. If the SP’s personal safety is
threatened, some physical control tactics may be applied. In some cases,
however, the most prudent option is to disengage.35

Before disengaging or attempting tactical re-positioning, the SP’s primary


consideration must always be to ensure his or her safety and then, the
safety of the public. Disengagement may be difficult if:
 The SP is already being assaulted.
 The SP is constrained by the environment (no avenues of escape).
 The subject has a weapon capable of covering long distances (e.g., a
firearm).

35
Under the Occupational Health and Safety Regulation, a person may refuse to do work
that he or she considers unsafe.

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Exercise: Analyze That!


1. You have been tasked to provide access control for an outdoor concert.
Your job is to allow access to patrons holding valid tickets for the event,
and to deny access to those without valid tickets or who appear to be
intoxicated. You are working the front gate of the concert area just
before the opening act is due on stage. About 5,000 tickets have been
sold for the event. The line-up is growing, and the patrons are starting
to get impatient. A young male approaches you from the line. He shows
you a valid ticket, but he is slurring his words as he tries to talk to you.
He also seems unsteady on his feet.

a. Would you be justified in denying access to this patron? Why or why


not?

b. Are there any other possible reasons for this person’s behaviour?

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5 – PERSONAL SAFETY

c. What information would you include in your report about this


incident?

d. How does this scenario illustrate the need for continuous


assessment?

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5 – PERSONAL SAFETY

2. As a member of the mall security staff, your job is to maintain order


within the mall property. You are working the afternoon shift, and
during your rounds, you and your partner are called to the Food Court
where a number of customers are engaged in a verbal dispute. As you
approach the area, you see three young males sitting at a table, while
two others are standing beside the table, arguing. You are unable to
understand the language being spoken. The argument is getting louder
and more heated. One of the males is pointing at the other. Your
partner indicates that he understands the language being spoken, so he
approaches the group and tries to find out what is going on. One of the
males pushes your partner. Your partner pushes back, and the male
then strikes your partner.

a. At what point should you have begun your assessment of the


situation?

b. Did your partner have the authority to respond physically to being


pushed? Why or why not?

c. Would you take action? If so, what steps would you take? If not,
why not?

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d. What information would you include in your report about this


incident?

e. How does this scenario illustrate the need for continuous


assessment?

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Tactical Communication Skills and


Strategies

Definition
Effective communication occurs when one person, through words or actions,
evokes an understanding of a message in another person. The fact that two
people are talking to each other does not necessarily mean that either person
has heard or understood the intended message of the other. To communicate
effectively, one needs clarity of thought and effective listening.

Tactical communication36 involves the use of specific skills that enable one to
send and receive messages more effectively. A person who is resisting is
going through a decision-making process. He or she could decide to continue
resisting, increase the level of resistance, or comply with one’s request. The
primary goal of tactical communication is to gain voluntary compliance by
skilfully managing other people’s behaviour, thus reducing the need for a
higher level of force. It promotes the safety of the security professional by
reducing the potential for confrontation and violence, which helps reduce the
SP’s occupational and personal stress. Tactical communication involves the
use of professional presence and communication skills to gain the subject’s
compliance. It encompasses the first two response options described in the
National Use of Force Framework.

36
The word “tactic” can be defined as “a skill or procedure used to achieve a specific end.”

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5 – PERSONAL SAFETY

Strategies
A subject who displays some resistance may be experiencing a range of
emotions. One of the most common is anger. Anger may be triggered by
hurt, frustration, unmet expectations, and perceived injustices; and it can
lead to conflict. It is possible, however, to respond effectively to a person’s
anger through the use of tactical communication skills.

There are three general strategies in tactical communication:


 Initial intervention
 Persuasion
 Defusing challenge

Initial intervention
This strategy consists of three phases:

Phase What to do
1 – Bonding  When approaching the subject, humanize the contact by
saying “Hi,” “Hello,” “Good evening,” etc. This is normal
and expected human behaviour.
 Be sensitive to cultural differences and look for cues that
the person is uncomfortable with your contact.
 Include non-verbal behaviour that supports the bonding
phase. Some suggestions are:
– Waving with an open hand
– Smiling
– Establishing eye contact
– Respecting the other person’s space (If possible, do
not encroach.)
 Think about what you are going to say. Remember that
your objective is to reduce resistance. For example, use
small talk to establish rapport and make the contact less
formal.
2 – Purpose  State the reason for your presence and explain the
reason for the contact.
 State what your professional role is.
 Use your questioning skills to find out why the person is
there. Don’t jump to conclusions.
 Ask for the person’s name. Note that you cannot legally
demand an ID but you can request it.
 Refer to the person using the name he or she gives (e.g.,
Mr. Smith).
 Watch the person’s movements, especially hand
movements.

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Phase What to do
3 – Resolution  Gather information.
 Make a decision (e.g., arrest, give a warning, or let the
person go), and explain it.
 When making your closing comments, relate them
specifically to the contact and what happened. The way
you say goodbye must match the action you have taken.
Where appropriate, thank the person for his or her
cooperation. Be public relations-oriented.
 How you leave the scene is also important. Be professional:
avoid laughing, smirking, or making smart remarks.

Persuasion
Persuasion is used, in conjunction with initial intervention, with persons
who resist. Resistance might come in many forms: questioning, challenging,
refusing, threatening, or venting. The objective of persuasion is to reduce
resistance.

The benefits of using this technique are:


 It maximizes opportunities for voluntary compliance.
 It creates positive public relations.
 It enhances your professionalism.
 It allows time for defusing.

There are four persuasion techniques that you could use in encounters
with subjects. (See below.) Use them as appropriate in the situation until
you find one that works.

Technique What to do
Ear doctor  Simply repeat your request (e.g., “Please leave the
store.”). Repetition will confirm that your message has
been heard and understood. One out of 10 cases is
resolved at this point.
 This approach allows those exerting passive resistance to
save face.
 If the person is impaired by alcohol or drugs, this
approach gives him or her time to answer.
Teacher  Describe the subject’s behaviour that violates law, policy,
or procedure, and explain why the person is required to
do what you have asked him or her to do.
 This approach makes you an educator. Explain what the
law states and how it gives you the authority to make
the request.
 This approach also re-asserts your professional presence.

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Technique What to do
Negotiator  Motivate the person to do as you ask. You are not going
against his or her will, but persuading him or her to take
the desired action.
 Through dialogue, identify the theme(s) that will
motivate the person. Everyone has something to lose –
the key skill here is to find and use that motivating
factor. The four great persuaders are:
– Time
– Money
– Family
– Reputation
 Explain the options the person faces, such as: “I might
have to involve the police.”
 Remember that you are trying to get the person to make
a positive decision. You are giving him or her room to
save face where possible. You are also trying to help him
or her see the situation for what it is.
Decision and action  If the problem is still not resolved, escalate your response
(e.g., call the police or your supervisor).

Defusing challenge
You must be able to control yourself before you can control the subject.
This means not becoming angry or taking the incident personally. The
following techniques are used to defuse challenge:

Technique Features
Deflecting  Involves turning aside the other person’s comments and
not reacting to them; helping the person focus on the
problem at hand; and recognizing the person’s emotion
and the situation that he or she is in
 A positive approach
 Involves the use of empathy, with phrases like
– I understand that you’re upset, but …
– I appreciate your concern, but …
– I recognize that you’re angry …
 Helps you and the other person focus on the problem
and deflect any verbal abuse or side issues
 Disempowers the other person
Blocking  Used when the subject accuses the SP of unethical
conduct [e.g., “You’re just picking on me because (of
race, religion, sex, or culture).”]
 The appropriate response would be, “No, this is not
about you. It’s about your behaviour/actions.”

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5 – PERSONAL SAFETY

Technique Features
Ignoring  Used when the subject talks or protests at length. The SP
should not acknowledge the subject’s comments. This
may help prevent an emotional reaction.
Venting  Involves allowing the person to release energy through
words (like a boiler that is venting steam so that it does
not explode).
 At the moment of the person’s first breath, interject to
take control.
 Make sure, however, to maintain or increase the distance
between yourself and the subject in case he or she
resorts to aggressive behaviour.
 A positive approach

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Outcomes of tactical communication


 Creates a professional presence: Through controlled dialogue, you
control the scene.
 Defuses, deflects, and disarms
 Provides time for assessment: When the subject is talking, he or she is
using up energy without fighting. This gives you time to plan or call for
back-up. It is much easier to talk than to fight.
 Creates positive public relations
 Provides structure that can be easily followed even in stressful
situations
 Defensible in court or to supervisors because you use many dialogue
steps before escalating your response level

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5 – PERSONAL SAFETY

Exercise: Tactical Communication


Strategies
Participate in the roleplay exercise as directed by your instructor.

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Keeping Safe on the Job

Planning
Effective personal safety planning is based on the realistic anticipation of
problems that might arise, and the development of strategies for
preventing or resolving those problems safely.
 SPs should think in advance about the consequences of the various
options they could select. It is advisable to do a mental dry run.
 SPs should be wary of over-reacting:
– Taking more action than necessary
– Being extended beyond their capabilities
– Rushing up on a situation or individual
– Rushing into problem locations
– Acting on impulse
 They should also be wary of under-reacting:
– Not taking enough action
– Underestimating the problem
– Being careless
– Giving in to complacency
– Being inattentive and not taking the call seriously

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Taking action
When taking action, SPs must:
 Perform all actions efficiently and safely.
 Be alert and aware of the surroundings.
 Have a personal safety plan.
 Have options.
 On attending a scene, check:
– Is it necessary to attend?
– Are there any obvious, visible dangers?
– Who is the subject?
– What help or options are available?
– What is the physical layout of the scene?
– Is an immediate contact necessary?
 Take their time when appropriate.
 Trust their instincts.
 Be patient.
 Avoid basing their response on any single factor, but rather consider all
factors and the entire situation.
 Avoid stereotyping and responding on the basis of biases or
assumptions.
 Call for back-up or, if appropriate, call the police.

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5 – PERSONAL SAFETY

Segment 5 Review Exercise

1. List three things that SPs can do to help ensure safety.

a.

b.

c.

2. What is a safe interview stance?

3. Define the term “reactionary gap.”

4. Describe the most effective body position that an SP can take with
respect to a subject.

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5 – PERSONAL SAFETY

5. Which relative position is used to exercise control over a subject?

6. Why is Position 3 a disadvantage for the subject?

7. Name the steps in the assessment cycle.

8. What are the seven stages of incident assessment?

a.
b.
c.
d.
e.
f.
g.

9. What are the three categories of influencing factors that SPs should
consider when assessing a situation?

a.
b.
c.

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5 – PERSONAL SAFETY

10. Give two examples of SP considerations that should be assessed in a


situation.

a.
b.

11. Give two examples of environmental considerations that should be


assessed in a situation.

a.
b.

12. Why must time and distance be considered in the assessment process?

13. What is the primary goal of tactical communication?

14. List the three general tactical communication strategies.

a.
b.
c.

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5 – PERSONAL SAFETY

15. What can you do to humanize your contact with the subject during the
“bonding” phase of initial intervention?

16. What information should you give the subject during the “purpose”
phase of initial intervention?

a.
b.
c.

17. Explain the “ear doctor” technique used in the persuasion process.

18. What does the deflecting technique involve?

19. When would it be appropriate to ignore the subject?

20. Why is it important to maintain distance between yourself and the


subject when you use the “venting” technique?

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Supplementary Resources
SUPPLEMENTARY RESOURCES

Glossary

24-hour clock
A manner of expressing time in which a day runs from midnight to
midnight and each hour is referred to by a number from 0 to 24. For
example, 9:00 a.m. is expressed as 0900 hours, 1:00 p.m. is 1300 hours,
4:00 p.m. is 1600 hours, and so on.

Access control
Controlling the movement of people, material, and vehicles into and out of
a location.

Accessibility
In the context of human rights legislation, this term refers to a way of
levelling the playing field for people with disabilities and other members of
society. Today, many public spaces and services strive toward universal
accessibility. Designated parking spaces, ramps, elevators, widened
corridors, and designated washroom stalls are all examples of incorporating
accessibility standards into the design and construction of facilities.

Accommodation
In the context of human rights legislation, this means striving to build
inclusive environments that respect differences and rights. Accommodation
seeks to eliminate barriers, standards, requirements, practices, policies,
and rules that adversely affect people on the basis of disability, gender,
religious belief, etc. The duty to accommodate is a legal requirement
arising out of human rights legislation in Canada.

Active resistant
A type of demonstrated subject behaviour. The subject does not physically
assault the SP but actively resists in a way that will not allow the SP to
gain control. This type of resistance is often accompanied by verbal non-
compliance (refusing a lawful order or direction).

Actus reus
The overt action performed by the accused person. Without this act, there
can be no crime. The actus reus is also referred to as the “guilty act.”

Administrative report
A report that deals with the routine functioning of the security
organization (e.g., requests for equipment, resources, or holiday leave).

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Aggressive solicitation
Actions on the part of panhandlers that make members of the public fear
for their safety.

Arrest
Occurs when a person deprives another person of his or her liberty either
temporarily or permanently.

Assaultive
A type of demonstrated subject behaviour. The subject not only resists the
SP’s actions but actually tries to physically assault him or her. This type of
behaviour is sometimes preceded by verbal non-compliance and pre-assault
cues, such as facial expressions, clenching of fists, threats, etc.

Authority figure/person in authority


Anyone who has responsibility for and/or power over others.

Authorized by law
Refers to situations in which a person is empowered to do certain things
but the choice to do those things lies with the person.

BC Human Rights Code


The provincial anti-discrimination law that provides protection against
discrimination in public areas regulated by provincial legislation and
government. The prohibited grounds are: race, colour, ancestry, place of
origin, religion, marital status, family status, physical or mental disability,
sex or sexual orientation. Effective January 1, 2008, age is a prohibited
ground of discrimination in public services.

Bias
Derived from stereotypes that a person holds about others based on their
perceived membership in a group and in the absence of accurate
information about them as individuals. Whether positive or negative,
biases can get in the way of objective judgement. A particular bias will
cease to exist when the underlying stereotypes are challenged and
dispelled.

Blocking
A tactical communication technique that helps defuse a situation. It is used
when the subject accuses the SP of unethical conduct [e.g., “You’re just
picking on me because (of race, religion, sex, or culture).”] The appropriate
response would be, “No, this is not about you. It’s about your behaviour.”

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Canadian Charter of Rights and Freedoms


Part I of the 1982 Constitution Act. The Charter sets out the fundamental
rights and freedoms of Canadians, and is part of the supreme law of
Canada.

Canadian Human Rights Act


A federal law that prohibits discrimination in areas that are regulated and
governed by federal legislation. The prohibited grounds of discrimination
are race, national or ethnic origin, colour, religion, age, sex, sexual
orientation, marital status, family status, disability, and conviction for
which a pardon has been granted. Under this legislation, if the ground of
discrimination is pregnancy or child-birth, the discrimination shall be
deemed to be on the ground of sex.

Captive audience solicitation


Approaching a person to ask for money while the person is in a captive
audience situation, such as standing at a bus stop; sitting in a car at a stop
light; getting off a bus or out of a taxicab; or using, waiting to use, or leaving
an ATM (bank machine).

Chain of command
The lines of accountability that employees should follow when obtaining or
disseminating information, seeking guidance, reporting an incident,
making a decision, or seeking that a decision be made or action taken.

Civil law
The branch of law that regulates the relationships between individuals or
groups. Cases dealt with under civil law usually involve persons or groups
being found liable for something and being ordered to pay a sum of money
to another person or group as a form of restitution.

Communication
One of the response options indicated in the National Use of Force
Framework. It involves the use of verbal skills and non-verbal skills. An SP
may give the subject suggestions, advice, directions, and/or loud, repetitive
commands, while using facial expressions, stance, eye contact, etc.

Continuous assessment process


A component of the National Use of Force Framework. It is a process that
enables SPs to respond appropriately to changing circumstances in a timely
manner. It consists of four steps:
1. Assess
2. Plan
3. Act
4. Re-assess

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Contract security
A type of private security operation that is provided by companies who sell
their security services to clients. Contract security companies operate as
businesses.

Cooperative
A type of demonstrated subject behaviour. The person responds positively
to the SP’s presence, direction, and commands.

Crime
Acts or omissions that violate federal laws (e.g., offences set out in the
Criminal Code and other laws, such as the Controlled Drugs and
Substances Act).

Criminal Code
A list of Canadian laws regarding criminal offences. It describes hundreds
of offences that are considered to be crimes, and indicates the maximum
and minimum punishments for each one.

Criminal law
The branch of law that deals with criminal offences or “crimes.” See crime.

Customer service orientation


For security professionals, this means being fully aware that, while they
are indeed employed to protect people and property, it is equally their role
to serve and assist.

Deadly force
Force that can cause death or grievous bodily harm.

Deflecting
A tactical communication technique that can help defuse a situation. It
involves turning aside the other person’s comments and not reacting to
them. It means helping the person focus on the problem at hand and
recognizing the person’s emotion and the situation that he or she is in.

Deportment
The way people conduct themselves. It includes verbal and non-verbal
communication.

Disability
The restriction in a person’s functional capacity that results from an
impairment.

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Discrimination
Occurs when an individual or a group of people are singled out and treated
in an adverse manner that is different from how others are treated. The
adverse treatment usually withholds or limits access, or can impose burdens
and obligations that are not imposed on others. The discriminatory
differences in treatment are due to characteristics associated with an
individual’s race, colour, religious belief, sexual orientation, etc.

Disengagement
Putting distance or a barrier between yourself and the subject, or leaving
the scene to ensure safety.

Dual offence
An offence for which the Crown can choose whether to proceed to trial
under the summary rules or by indictment (a formal written charge of a
serious offence).

Escort position
A position that is 45 behind the subject. Used by SPs to exercise control
over the subject. The best position for the SP to gain control.

Ethics
Knowing the difference between good and bad, and right and wrong; and
recognizing one’s moral duties and obligations.

Evidence
Any “testimony, writings, material objects, or other things presented to the
senses that are offered to prove the existence or non-existence of a fact.”
(Black’s Law Dictionary)

Excessive force
More force than is reasonably necessary.

Facts in issue
The elements of an offence:
 Date, time, and location of the offence (including jurisdiction)
 Identity of the offender
 Essential elements of the offence, all of which must be proven so that it
can be established that an offence was committed. Essential elements
are specific to each particular offence and are indicated by the wording
of the law that has been violated.

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Good Samaritan Act


A provincial law that states that a person who gives emergency assistance
at the scene of an incident is not liable unless he or she is grossly negligent
while doing so.

Handicap
The difficulty an individual may have functioning in an environment.

Harassment
A particular form of discrimination that includes repetitive insulting,
demeaning, or abusive treatment based on a group characteristic. It is
behaviour that a reasonable person would find humiliating, demeaning,
and unwelcome. Some examples are: unwelcome and hurtful remarks
based on gender, race, sexual orientation, disability, or any other protected
ground; sexually or racially offensive gestures; and aggressive physical
contact.

Hate/bias crime
“A criminal offence committed against a person or property which is
motivated by the suspect’s hate, prejudice or bias against an identifiable
group based on race, national or ethnic origin, language, colour, religion,
sex, age, mental or physical disability, sexual orientation or any other
similar factor.” (Criminal Code)

High risk
High risk exists in various situations, such as: the subject displays
aggressive behaviour; there are multiple subjects; weapons are used;
credible information is known that suggests that the subject or the
situation is high-risk. An unknown subject could present a high risk.

Human rights legislation


Laws that enable the public to enjoy the equality rights guaranteed in
Section 15 of the Canadian Charter of Rights and Freedoms, which states
that every individual is equal before and under the law, and has the right
to equal protection and benefit of the law.

Ignoring
A tactical communication technique that can help defuse a situation. It is
used when the subject talks or protests at length. The SP should not
acknowledge the subject’s comments. This may help prevent an emotional
reaction.

Impairment
The medical condition (an actual injury, disease or other disorder) that
produces a reduction in physical or mental function.

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Indictable offence
A serious offence (e.g., murder, arson, and robbery). The punishment
varies with the offence, but can include life imprisonment.

Influencing factors
One category of factors that SPs must consider in the continuous
assessment process. Influencing factors relate to the totality of the
circumstances in terms of SP considerations, subject considerations, and
environmental considerations.

Informed consent
The person who is giving consent knows the consequences of what he or
she is agreeing to.

In-house security
This type of security program is developed and operated exclusively for a
company’s own use.

Initial intervention
A tactical communication strategy that consists of three phases:
1. Bonding: Humanizing the contact with the subject in order to establish
rapport and reduce resistance
2. Purpose: Stating the reason for one’s presence and one’s professional
role
3. Resolution: Gathering information and then making a decision about
how to respond to the subject (e.g., give a warning, let the person go,
etc.)

Interview position
A position that lies outside the range of the subject’s ability to kick the SP.
Ideally, not directly in front of the subject.

Known risk
The level of risk that exists when the SP has encountered the subject in the
past and is familiar with his or her behavioural patterns, and/or credible
information about the subject or the situation is known.

Law
“A body of rules that regulate the members of society, making it possible
for many different people with many different interests to relate to each
other in an equitable and orderly way.”

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Lawful order
A demand or direction given by a person who has the authority to do so.
(Adapted from the Black’s Law Dictionary definitions of “law” and
“order”)

Liquor Control and Licensing Act


A provincial law that seeks to prevent such problems as under-age
drinking, over-consumption of alcohol, and overcrowding or unsafe
conditions in restaurants, bars, and pubs, and to minimize the potentially
negative impact of liquor sales on neighbourhoods and communities.

Mens rea
The mental element of an offence. It refers to the accused person’s “guilty
mind.”

National Use of Force Framework


A framework that illustrates the elements of the process by which an SP
assesses a situation and selects a reasonable course of action to ensure
public safety and his or her own safety.

Occupational Health and Safety Regulation


A provincial regulation associated with the Workers Compensation Act. The
regulation describes the legal requirements for occupational health and
safety that must be met by all workplaces subject to inspection by
WorkSafe BC.

Occupiers Liability Act


A provincial law that defines the duties of SPs as agents of property
owners/renters to ensure the safety of those who come into or on the
property.

Operational report
A written record of incidents of a significant nature. Also known as an
“occurrence report,” it contains information on various types of incidents,
the security concerns of the client/employer, and actions taken by the SP in
conducting a criminal investigation or arrest.

Passive resistant
A type of demonstrated subject behaviour. The subject does not physically
interfere with the SP’s attempts at control, but does nothing to assist.

Person in authority/authority figure


Anyone who has responsibility for and/or power over others.

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Persuasion
A tactical communication strategy used, in conjunction with initial
intervention, with persons who resist. This strategy involves various
techniques. Two examples are “ear doctor” (repeating one’s request) and
“teacher” (describing the subject’s behaviour that violates law, policy, or
procedure, and explaining what requires the person to do what you have
asked him or her to do).

Position 1
A vulnerable or dangerous position because the SP is within range of the
subject’s extended limbs. Most vulnerable to assaultive behaviour by the
subject.

Position 1.5
The interview position – outside the range of the subject’s ability to kick
the SP. Ideally, not directly in front of the subject.

Position 2
At the side of the subject’s body. Infrequently used.

Position 2.5
The escort position: 45 behind the subject. Used by SPs to exercise control
over the subject. The best position for the SP to gain control.

Position 3
Directly behind the subject. A disadvantage for the subject as he or she is
facing the opposite direction.

Prejudice
“Any set of ideas, beliefs, or attitudes that negatively prejudges groups or
individuals on the basis of real or alleged characteristics and traits.”37

Presence
One of the response options indicated in the National Use of Force
Framework. It consists of:
 SP’s appearance, body language, fitness level, uniform, and equipment
 SP’s physical stature and manner of arrival
 Reputation (how the public perceives the SP and the security company/
organization)
 Number of SPs at the scene

37
Brian K. Cryderman, Chris N. O’Toole, and Augie Fleras. Police, Race and Ethnicity: A
Guide for Police Services (2nd ed.). Toronto: Butterworths, 1992.

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Privacy legislation
Provincial and federal laws that govern the retention, use, and disclosure
of personal information.

Private security
Measures taken by individuals, groups, and corporations to protect their
private interests – company material, equipment, facilities, information,
and, most importantly, personnel.

Professional
A skilled practitioner; a trained, skilled, businesslike person who is
effective, organized, competent, and serious in the discharge of his or her
duties.

Proprietary security
See in-house security.

Public security
Police services provided to the public by municipal, provincial, and federal
government agencies.

Racial profiling
“… any action undertaken for reasons of safety, security, or public
protection that relies on stereotypes about race, colour, ethnicity, ancestry,
religion, or place of origin … rather than reasonable suspicion to single out
an individual for greater security or different treatment.” (Ontario Human
Rights Tribunal, 2003)

Reactionary gap
Sufficient distance between the SP and the subject. This gives the SP
adequate time and space to:
 Select and effectively implement an appropriate response option
 Maintain peripheral vision
 Maintain balance
 Deal with the spontaneous or unexpected actions of the subject

Reasonable grounds
A set of facts that would cause an ordinary, cautious, and prudent person
to believe that an event has happened. Reasonable grounds go beyond mere
suspicion. There must be factual evidence that causes one to believe that a
person has committed a crime.

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Registrar
A person appointed under the Public Service Act to keep charge of
admissions, examinations, and general regulations for a particular
profession.

Relative positioning
The SP’s location relative to that of the subject.

Required by law
Refers to situations in which a person is obliged under the law to do certain
things.

Residential Tenancy Act and Commercial Tenancy Act


Provincial laws that define the relationship between a renter and the
property owner, and the rights and responsibilities of each party.

Safe interview stance


A balanced and protected position from which SPs can respond quickly. It
is a ready stance that is used for talking with a subject. The stance must be
relaxed, flexible, and adaptable to various situations.

Safe Streets Act


A provincial law that governs the actions of aggressive panhandlers.

Safety
For a security professional, the term “safety” refers to the effective
management of physical danger, legal risk, and loss, through assessment,
planning, and appropriate action.

Security business
A business carried on by any of the following: security alarm service,
armoured car guard service, locksmith, private investigator, security
consultant, or security guard service.

Security guard service


“A person who provides or supervises a guard patrol or watch of property,
provides or supervises a guard of an individual, performs services to
prevent the loss of property, and provides door security at an
establishment licensed under the Liquor Control and Licensing Act.”
[SSA, Section 1]

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Security Programs Division


A division of the BC Ministry of Justice. Some of its key responsibilities
are:
 To issue (and where necessary, revoke) licences for security businesses
and individual SPs
 To conduct regular inspections, and investigate public complaints
against SPs and/or security businesses
 To administer legislation (including the Security Services Act) and
develop programs for the purpose of public safety

Security Services Act


A provincial law that regulates security operations. It applies to security
businesses and security workers. Some of its key provisions are:
 Requirements for the issuance of security licences
 Rules on the production and display of security licences
 Grounds for refusal, suspension, and cancellation of security licences
 Rules on how SPs may identify themselves to the public
 Rules prohibiting SPs from carrying firearms and any other weapons

Shelter-in-place procedure
An emergency procedure that may be used when circumstances require
that persons seal themselves inside a building or other structure due to the
release of hazardous material into the air (e.g., chemical spills, radiation
releases, etc.).

Stereotype
Internalized inaccurate or incomplete beliefs about people.

Summary offence
A less serious offence, such as causing a disturbance or joyriding. The
penalty for summary offences is limited to one of the following: a fine of no
more than $2,000; up to 6 months in jail; or a combination of a fine and a
jail term.

Tactic
A skill or procedure used to achieve a specific end.

Tactical communication
Involves the use of specific skills that enable one to send and receive
messages more effectively. The primary goal of tactical communication is
to gain voluntary compliance by skilfully managing other people’s
behaviour, thus reducing the need for a higher level of force.

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Tobacco Control Act


A provincial law that bans smoking in indoor public places and work
places, and near public doorways, open windows, and air intakes; limits the
display and sales of tobacco and tobacco products.

Trespass Act
A provincial law that provides property owners with the authority to
control the use of their property.

Unknown risk
Refers to the level of risk that exists when the SP has not encountered the
subject before, and/or there is no credible information about the subject or
the situation.

Venting
A tactical communication technique that can help defuse a situation. It
involves allowing the person to release energy through words (like a boiler
venting steam so that it does not explode). At the moment of the person’s
first breath, the SP should interject to take control.

Workers Compensation Act


A provincial law passed in BC in 1996 that addresses issues such as
requirements for occupational health and safety, and compensation to
injured workers.

WorkSafe BC
Formerly known as the Workers’ Compensation Board, this agency
promotes the prevention of workplace injury, illness, and disease; receives
injury/incident/accident reports; and conducts inspections and
investigations.

Youth Criminal Justice Act


A federal law that governs the conduct of legal proceedings against young
persons (12-17 years old).

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Interacting with Persons with Mental


Illness

On the following pages are copies of two resources produced by the


Canadian Mental Health Association – BC Division. These articles describe
issues that commonly arise when police officers interact with persons with
mental illness. The information provided in these materials may also be
relevant to the work done by security professionals. For more information,
visit the CMHA BC Web site at http://www.cmha.bc.ca.

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General Guidelines for Emergencies 38

Fires
 At the first indication of a fire, contact the fire department immediately.
Provide the address, and the location and size of the fire. State whether
or not people are trapped.
 After the fire department has been notified, assist in the orderly
evacuation of the building. This is your primary responsibility and can
best be accomplished through preparation. Be completely familiar with
the facility’s evacuation plan.
 Remember that the greatest barriers to the successful evacuation of a
building during an emergency are blocked exit routes and panic.
Ensure that evacuation routes are free of boxes, filing cabinets,
miscellaneous material, spilled fluids, and trash. During a fire, visibility
along these routes will be severely limited. The last thing that
frightened people need is to be bumping into objects and falling down.

38
The section on medical emergencies is based on information from the BC Health Guide
Online at http://www.healthlinkbc.ca/kbase/topic/special/emerg/sec1.htm. For more
information on severe weather/environmental disasters, chemical spills, and radiation
release, check the Public Safety Canada Web site at http://www.getprepared.ca.

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Medical emergencies
If someone at the scene has a serious injury or medical condition, here are
some things you can do as an initial response:
 Clear the area, if necessary.
 Assess the scene for any hazards to you or the injured person, and
determine what you can do to protect yourself and the victim.
 Call 9-1-1. You should also call the site Occupational First Aid (OFA)
Attendant to the scene.
 Be careful about moving the victim. If he or she might have a spinal
injury, do not move the person unless the danger is great. If the person
is unconscious or does not respond to your voice or touch, start rescue
breathing and CPR if you are trained to perform these procedures.
 Try to determine the most serious problem at hand and what you must
do first. Focus on life-threatening problems, such as shock or bleeding.
 Check for broken bones and other injuries.

If you are needed in an emergency, give what help you can. As mentioned
in a previous section, Good Samaritan legislation protects those who help
in an emergency. A person who gives assistance at the scene of an incident
is not liable unless he or she is grossly negligent while doing so.

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Severe weather/environmental disasters


Since severe weather can strike at any time, it’s important to be prepared:
 Always know where emergency power generators are located and how
they work.
 Be ready for a power outage. Always carry a flashlight and extra
batteries.
 Make sure all fire equipment is operational.
 Make sure you have a hard hat and safety goggles.
 Clear windows and doors.
 Check on and report/secure items that might be blown off or torn away.

During a severe storm, follow these guidelines and help others at the scene
to do the same:
 Stay away from windows and doors.
 During thunderstorms, also stay away from items that conduct
electricity, such as telephones, metal pipes, and appliances. You can use
a cellular phone during the storm, but it is not safe to use a landline
phone.
 Do not use elevators.
 Check for water or dangerous liquids running into critical areas.

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Chemical spills
If a chemical substance might have been released in a building where you
are working, try to avoid breathing any of the fumes. Assist in evacuating
the building in an orderly manner. Call 9-1-1 immediately and follow the
instructions given by emergency responders.

If the chemical spill occurs outdoors, you will need to seal yourself (and
others) inside the building you are in. This is called the “shelter-in-place”
procedure. Public Safety Canada provides the following guidelines for
sheltering in place:
 Close and lock all windows and exterior doors.
 Turn off all fans, heating, and air-conditioning systems to avoid
drawing in air from the outside.
 Go to an interior room above ground level (if possible, one without
windows). In the case of a chemical threat, an above-ground location is
preferable because some chemicals are heavier than air and may seep
into basements even if the windows are closed.
 Using duct or other wide tape, seal all cracks around the door and any
vents into the room.
 Continue to monitor the situation by radio or television until you are
told that all is safe or are advised to evacuate.

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Radiation release
According to Public Safety Canada, the possibility of radioactive material
being released into the environment is low because of the strict control
mechanisms that are used to prevent such incidents. But it is possible that
such an emergency might occur because of an accident or an intentional
release of such materials. During an emergency of this kind, government
officials will take steps to limit the danger to the public. Everyone must
follow the instructions given by these officials and emergency responders.
It might be necessary for you to assist in implementing the shelter-in-place
procedure (see above) at your location.

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Utility failure
Power failures39
If there is a power failure at the location, notify BC Hydro about the loss of
service. To report an outage or electrical emergency, call 1-888-POWERON
(1-888-769-3766) or *HYDRO (*49376) on your cellular phone. Do not
attempt to adjust electrical connectors/meters.

If you see downed electrical lines or poles, or any sparks, flames, or smoke,
call BC Hydro immediately, and give the exact location. Keep yourself and
others back a minimum of 10 metres (33 feet) from the wires or anything
in contact with them. Always assume that the lines are energized.

If someone at the scene receives an electrical shock:


 Do not touch the person if she or he is still in contact with the source of
electricity (the electricity will travel from the person’s body into yours).
 Ask someone to call an ambulance and BC Hydro while you stay with
the victim.
 If the victim has no pulse, perform CPR if you have been trained to
do so.
 If the victim has been burned, avoid touching those areas or any
burned clothing. You may gently apply cold water to burned areas until
professional help arrives.

Gas leaks40
If you detect the smell of natural gas, leave the building/area immediately,
assisting any others who are at the location in an orderly evacuation.
Notify the utility company through an off-site telephone. To report a
possible gas leak, call 1-800-663-9911, or the fire department. Do not
return to the building/area until it has been declared safe. In these
situations, you must not:
 Smoke, light matches, or create any other source of ignition.
 Use any telephones at the scene (landline or cellular).
 Turn any lights on or off, or use anything that is electrical.
 Go near any pipes that carry natural gas.
 Attempt to adjust gas connectors/meters.

39
For more information, check the BC Hydro Web site at http://www.bchydro.com/safety/
power_outage_safety.html.
40
For more information, check the Terasen Gas Web site at http://www.terasengas.com
/_Safety/GasLeaks/default.htm [Terasen Gas is now known as FortisBC. For information
on gas leaks, see http://www.fortisbc.com/NaturalGas/GasSafety/Pages/Gas-leaks.aspx]

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Structural failure
In case of a structural failure at the location, evacuate the premises
immediately, and call for assistance from police, fire, and the BC
Ambulance Service.

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Provincial Privacy Legislation

Access to information
The FOIPPA applies to all security activities that are conducted on behalf
of a public body, which includes government ministries, Crown
corporations, municipalities, municipal police forces, universities, colleges,
schools, self-governing professions, and health authorities.41

The FOIPPA provides that:


 All records that are created are covered by the Act and are subject to
freedom of information requests.
 To obtain access to records under the FOIPPA, an applicant must make
a written request to the public body that has custody or control of the
record. The request must provide sufficient detail to enable an
experienced employee of the public body, with a reasonable effort, to
identify the record(s) sought.
 If a public body receives a request for information, all relevant records
must be examined, and a decision made about whether the records will
be released.
 The head of a public body must make every reasonable effort to assist
applicants and to respond without delay to each applicant openly,
accurately, and completely.
 The head of a public body must respond no later than 30 days after
receiving a request. He or she may ask for a 30-day extension under
limited circumstances. Records that are responsive to the request will
be requested from all parties within the public body.
 Receipt of an access to information request does not necessarily mean
that the records will be released. If a decision is made not to release
records, the applicant may appeal the decision to the Information and
Privacy Commissioner.

The FOIPPA prohibits the misuse of collected information and legislates


the proper use of that information.
 Section 30.4 states: “A person referred to in section 31.1 who has
access, whether authorized or unauthorized, to personal information in
the custody or control of a public body, must not disclose that
information except as authorized under this Act.”
 Section 31.1 states: “The requirements and restrictions established by
this Part also apply to (a) the employees, officers, and directors of a

41
The full list of public bodies is found in Schedule 3 of the Freedom of Information and
Protection of Privacy Act.

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public body, and (b) in the case of an employee that is a service


provider, all employees and associates of the service provider.”
 Section 32 states: “A public body must ensure that personal information
in its custody or under its control is used only (a) for the purpose for
which that information was obtained or compiled, or for a use consistent
with that purpose, (b) if the individual the information is about has
identified the information and has consented, in the prescribed manner,
to the use, or (c) for a purpose for which that information may be
disclosed to that public body under sections 33 to 36.”

Protection of privacy
In the public and private sectors, the collection, use, and disclosure of
personal information” is regulated. As mentioned above, the term
“personal information” refers to information that can identify an
individual (e.g., a person’s name, home address, home phone number, ID
numbers, physical description, educational qualifications, blood type, etc.).
Personal information includes employee personal information, but does not
include business contact information42 or work product information.43

If you are working for or on behalf of a private agency, the privacy rules of
PIPA apply. Any personal information that you collect on the agency’s
behalf remains in your employer’s or client’s control. However, you and
your employer/client are responsible for ensuring that all activities related
to the collection of this information are conducted in a way that complies
with privacy rules. (More information on privacy rules under both the
FOIPPA and the PIPA is provided on pages 247 and 248.)

A person’s right to a reasonable expectation of privacy is a core component


of Section 8 of the Canadian Charter of Rights and Freedoms. Section 8
guarantees the right of everyone in Canada to be secure against
unreasonable search or seizure. Search or seizure need not involve an entry
onto property or the forced taking of property. It could involve the
collection of personal information about a person. Whether or not a person
has a reasonable expectation of privacy in a particular situation is
determined on the basis of various factors, including the type of
information involved.

42
“Contact information” means information to enable an individual at a place of business to
be contacted. It includes the name, position title, business telephone number, business
address, business email, or business fax number of the individual.
43
“Work product information” means information prepared or collected by an individual as
part of that person’s responsibilities or activities related to the individual’s employment
or business. It does not include personal information about an individual who did not
prepare or collect the personal information.

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Under the FOIPPA and PIPA, the reasonable expectation of privacy


applies even in public places. Neither of these laws provides authority to
collect personal information simply because someone is in a public place.
Lawful grounds must exist before information is collected, even from
someone in a public place.

Role of the commissioner


The Information and Privacy Commissioner is responsible for monitoring
the administration of FOIPPA and PIPA and ensuring that their objectives
are met.

The commissioner has several powers, among them the following:


[FOIPPA, Section 42(1)]
 To conduct investigations and audits
 To issue orders based on the results of those investigations and audits
 To authorize the collection of personal information from sources other
than the person the information is about
 To notify the head of a public body of a failure to meet standards
prescribed in the Act
 To deal with complaints regarding the failure of a public body to meet
standards prescribed in the Act. Under FOIPPA and PIPA, individuals
who believe that their privacy has been breached may complain to the
Information and Privacy Commissioner. The commissioner may
investigate the matter, and has binding authority to decide all matters
and make findings. Under PIPA, if the commissioner finds (after a
formal inquiry) that a breach of privacy has occurred, the aggrieved
party has the right to sue in court for any actual harm he or she endured.

The FOIPPA states that it is an offence to “obstruct the commissioner or


another person in the performance of the duties, powers or functions of the
commissioner or other person under this Act.” [FOIPPA, Section 74(1)(b)]

Rules on personal information – FOIPPA


 Personal information may be collected only if it is authorized by law, for
the purposes of law enforcement, or if the personal information relates
directly to and is necessary for an operating program.
 Personal information must be collected directly from the individual
unless FOIPPA permits otherwise. This rule applies even to law
enforcement purposes, if doing so would not defeat the purpose for which
the information was collected.
 If personal information will be used to make a decision that directly
affects the individual, the information must be retained for one year.

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 An individual has the right to access his or her personal information


unless FOIPPA permits otherwise.
 An individual has the right to request that his or her personal
information be corrected.
 All reasonable security arrangements must be made to protect personal
information against risks such as unauthorized access, collection, use,
disclosure, or disposal.
 All personal information collected must be stored and accessed only in
Canada, unless FOIPPA permits otherwise.
 Personal information may be used only for the purpose for which it was
collected or for a reason that is consistent with that purpose.
 Personal information may be disclosed only if FOIPPA specifically
permits disclosure, and for no other purpose.
 Unauthorized disclosure of personal information is an offence.

Rules on personal information – PIPA


 The purposes for which personal information is collected must be
established at or before the time the information is collected, unless
PIPA provides otherwise.
 The knowledge and consent of the individual must be obtained for the
collection, use, or disclosure of personal information at or before the
time the information is collected unless PIPA permits otherwise (which
includes situations where obtaining consent would compromise the
availability or the accuracy of the information and the collection is
reasonable for an investigation44 or a proceeding45).
 Consent is needed to collect, use, and disclose employee personal
information.46
 Personal information may be collected only for purposes that a
reasonable person would consider appropriate in the circumstances and
that fulfil the purposes for which it was collected or are otherwise
permitted by PIPA.

44
“Investigation” means an investigation related to a breach of an agreement; a contravention
of an enactment of Canada or a province; a circumstance or conduct that may result in a
remedy or relief being available under an enactment, under the common law, or in equity;
the prevention of fraud; or trading in a security if the investigation is conducted by or on
behalf of an organization recognized by the BC Securities Commission.
45
“Proceeding” means a civil, a criminal, or an administrative proceeding that is related to
the allegation of a breach of an agreement; a contravention of an enactment of Canada or
a province; or a wrong or a breach of a duty for which a remedy is claimed under an
enactment, under the common law, or in equity.
46
“Employee personal information” means information about an individual that is collected,
used, or disclosed solely for the purposes reasonably required to establish, manage, or
terminate an employment relationship between an organization and that individual, but
does not include personal information that is not about that individual's employment.

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 Personal information will not be used, disclosed, or retained for any


purpose other than those for which it was collected, except with the
consent of the individual or as required by law.
 Personal information shall be accurate, complete, and up-to-date as is
necessary for the purposes for which it is to be used.
 If personal information will be used to make a decision that directly
affects the individual, it must be retained for one year.
 All reasonable security arrangements must be made to protect personal
information against risks such as unauthorized access, collection, use,
disclosure, or disposal.
 Individuals have the right to request access to their personal
information and to obtain information about how their personal
information has been and is being used, unless PIPA permits otherwise
(which includes situations where disclosure would threaten someone’s
mental or physical safety, cause immediate or grave harm to the person
who made the request, reveal the identity of someone who has provided
personal information about another individual and that individual does
not consent to the disclosure).
 Personal information must be destroyed or otherwise obscured as soon
as it is reasonable to assume that the purpose for which it was collected
is no longer valid, or retention is no longer necessary for legal or
business purposes.
 A person must be legally designated as accountable for compliance with
privacy laws and must be open about the policies and procedures on the
management of personal information.

Access and privacy resources

Resource Web site


Privacy Guidelines for Use of Video http://www.cio.gov.bc.ca/cio/priv_leg/foippa/guides_forms/video
Surveillance Technology by Public _security.page
Bodies 47
Video Surveillance Guidelines for the www.oipcbc.org/news/rlsgen/Video_Surveillance_Guidelines(Ma
Private Sector rch2008).pdf
Guide to PIPA www.oipcbc.org/pdfs/private/a-_GUIDE_TO_PIPA(3rd_ed).pdf
Guide to FOIPPA http://www.oipcbc.org/pdfs/public/GuideToFOIPPAJune2004.pdf
Office of the Information and Privacy www.oipc.bc.ca
Commissioner of BC
Privacy Commissioner of Canada www.privcom.gc.ca/

47
The Privacy Commissioner of Canada is currently working on a set of guidelines for the
use of covert video surveillance.

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Use of Force Incident Report

See following pages. (This form is also available online at http://www.pssg


.gov.bc.ca/securityindustry/shareddocs/spd0513-useofforce.pdf.)

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Public Complaint Form

See following pages.

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258  Participant’s Manual  Province of British Columbia


Justice Institute of British Columbia

BASIC SECURITY TRAINING


Course Dates Name of Instructor

FEEDBACK SHEET

Please take a few minutes to give some feedback on this course. Encircle the number that describes
your response to each of the following statements. Use the space provided at the back of this page for
any additional comments. Thank you.

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1. The presentations were clear and well-organized. 1 2 3 4 5


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2. The topics were presented in a sequence that helped 1 2 3 4 5


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3. The exercises helped reinforce what I learned. 1 2 3 4 5


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5. The participant’s manual and other training aids were 1 2 3 4 5


helpful. If you disagree, please explain:
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6. The instructor demonstrated knowledge of the 1 2 3 4 5


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8. The instructor provided enough time for the group to ask 1 2 3 4 5


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10. I would recommend this course to others. If you 1 2 3 4 5


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