Canada's Senate is considering Bill C-26 The Citizen's
Arrest and Self-defence Act, passed by parliament in early
May and it will impact the retail Loss Prevention industry
There isn’t much doubt that this will be signed into law
very shortly, but along with it has come a tirade of
comments from the security industry on what they seem to
think it means. This is a game changer in the Canadian
security industry and can impact retailers as well. Bill
C-26 does NOT broaden the powers of arrest of security
guards or loss prevention officers to make their powers
similar to those of a peace officer under section 495 by
permitting an arrest on reasonable grounds at some point
later. The amendment does alter the time period within which
a security guard can make an arrest. It lengthens it from
"immediately" to "a reasonable time after." This is a
dangerous development for risk managers and a severe
tightening of policies and procedures is now necessary to
avoid any unlawful detentions/arrests and the legal backlash
along with it. So what is the definition of a "reasonable
time later?" Common sense should tell you the answer. This
is a must read for all Canadian retailers and U.S. retailers
with stores in Canada because now the gray area is wide
open.
(Source
canadiansecuritymag.com)