PRIVATE SECURITY, POLICE AND THE LAW IN CANADA

• NCJ Number: 49832
• Author(s): D J FREEDMAN; P C STENNING
• Date Published: 1977
• Length: 305 pages
• Sponsoring Agency: Canada Solicitor General
• Corporate Author: University of Toronto
• Sale Source: University of Toronto
• Language: English
• Country: Canada

Annotation

A HISTORY AND COMPARISON OF PROVINCIAL LICENSING LEGISLATION FOR THE PRIVATE SECURITY INDUSTRY IN CANADA IS PRESENTED, ALONG WITH GENERAL ISSUES CONCERNING THE EFFECT OF SUBSTANTIVE LAW ON PRIVATE SECURITY.

Abstract

THERE ARE THREE MAIN AREAS OF SIGNIFICANCE RELATING TO CONTROL AND ACCOUNTABILITY, WHETHER PUBLIC OR PRIVATE, WITH REGARD TO THE PRIVATE SECURITY-PUBLIC POLICE DISTINCTION: (1) THE QUESTION OF IN WHOSE INTEREST A PERSON IS ACTING; (2) THE QUESTION OF ACCOUNTABILITY FOR ACTIONS OF PUBLIC POLICE AND PRIVATE SECURITY; AND (3) THE QUESTION OF PERCEPTION. A DISTINCTION IS MADE BETWEEN PEACE OFFICERS AND PRIVATE CITIZENS, ALTHOUGH LEGAL COMPLEXITIES SURROUND THE DEFINITION OF PEACE OFFICER. THE STATUS OF THE FOLLOWING TYPES OF PEACE OFFICERS IS IDENTIFIED AS IT RELATES TO PRIVATE SECURITY: FULL-TIME POLICE OFFICERS AND CONSTABLES, FULL-TIME MEMBERS OF QUASI-PUBLIC POLICE FORCES, AUXILIARY POLICE, BYLAW ENFORCEMENT OFFICERS AND MUNICIPAL CONSTABLES, SPECIAL CONSTABLES, AND 'OTHER' PEACE OFFICERS. FROM A LEGAL STANDPOINT, ANYONE WHO IS NOT A PEACE OFFICER IS A PRIVATE CITIZEN. DISCERNIBLE CLASSES OF PRIVATE CITIZENS COMPOSE LICENSED PRIVATE SECURITY ESTABLISHMENTS AND 'OTHER' PRIVATE SECURITY ESTABLISHMENTS. THE FIRST CLASS OF PRIVATE CITIZENS INCLUDES CONTRACT SECURITY GUARD PERSONNEL, CONTRACT PRIVATE INVESTIGATION PERSONNEL, CONTRACT CREDIT REPORTING PERSONNEL AND DEALERS IN RESTRICTED WEAPONS. THE SECOND CLASS OF PRIVATE CITIZENS ENCOMPASSES UNLICENSED CONTRACT SECURITY PERSONNEL, INHOUSE SECURITY PERSONNEL, ORGANIZED PRIVATE CITIZEN GROUPS, AND INDIVIDUAL PRIVATE CITIZENS. LEGAL POWERS, PROTECTIONS, AND REMEDIES FOR ABUSE OF PRIVATE SECURITY PERTAIN TO CONSENT, ARREST, DETENTION, SEARCH AND SEIZURE, THE USE OF FORCE, INTERROGATION, AND LAYING CHARGES AND SEEKING RESTITUTION. OTHER IMPORTANT ISSUES RELATED TO THE FUNCTIONS OF PEACE OFFICERS AND PRIVATE SECURITY PERSONNEL ARE VICARIOUS LIABILITY, PRIVACY AND THE ENJOYMENT OF PROPERTY, SECURITY EQUIPMENT AND HARDWARE, AND LABOR RELATIONS. A BIBLIOGRAPHY IS PROVIDED, AND CASES AND STATUTES CITED IN AND PERSONS CONSULTED DURING THE COURSE OF THE STUDY ARE LISTED IN APPENDIXES. (DEP)