Optimizing Conflict Management & Legal Risks in Security Guard Work
Conflict management and de-escalation are essential skills for security professionals in Canada and beyond. Security guards must ensure safety, gain compliance, and navigate legal risks, including criminal liability, civil lawsuits, and human rights concerns. In this article, we’ll explore key legal considerations security guards must be aware of to minimize risks while effectively performing their duties.
Criminal Liability for Security Guards in Canada
Security guards must adhere to the Criminal Code of Canada and provincial regulations. Violations such as excessive force or unlawful detention can lead to criminal charges.
Key Considerations:
- Use of Force: Security guards must follow the principle of proportionality—only using the minimum necessary force. Section 25 of the Criminal Code outlines when force is justified, while Section 26 warns that excessive force can lead to criminal charges.
- Detention & Arrest: Section 494 of the Criminal Code permits citizen’s arrests under strict conditions. If these conditions aren’t met, a security guard may face unlawful detention charges.
- Legal Compliance: Security professionals must also adhere to provincial security acts, offenses acts, and municipal bylaws. Failure to comply can result in criminal penalties.
Examples of Criminal Liability:
- Excessive Force: Using a baton on a non-aggressive shoplifter could lead to assault charges.
- Unlawful Detention: Detaining a suspected thief without witnessing the act could result in forcible confinement charges under Section 279.
Civil Liability in Security Work
Security guards can also be held civilly liable for causing harm or loss. This can result in lawsuits and financial penalties.
Key Considerations:
- Negligence: Failing to respond to security threats may lead to negligence claims.
- Breach of Duty: Abandoning security posts can result in breach of duty lawsuits.
- Defamation: Accusing someone publicly without evidence can lead to defamation claims.
Examples of Civil Liability:
- Negligence: Ignoring suspicious behavior leads to a break-in, resulting in property damage lawsuits.
- Breach of Duty: Leaving a surveillance station unattended allows a crime to occur, exposing the guard and employer to legal action.
Human Rights Considerations for Security Guards
Security guards must comply with human rights laws under the Canadian Human Rights Act and provincial human rights codes to prevent discrimination or violations of privacy.
Key Considerations:
- Right to Privacy: Surveillance and searches must respect privacy rights. Invasive searches can result in human rights complaints.
- Freedom from Discrimination: Guards must treat individuals fairly, regardless of race, gender, or other protected categories. Discriminatory actions can lead to legal repercussions.
- Respect & Dignity: Security professionals must manage conflicts without humiliating or degrading individuals.
Examples of Human Rights Violations:
- Privacy Violation: Installing security cameras in changing rooms can breach privacy rights.
- Discrimination: Targeting individuals based on ethnicity for additional screening could result in a human rights lawsuit.
The Role of Organizational Policies in Legal Compliance
Organizations must establish clear policies to ensure security guards operate within legal boundaries and avoid liability risks.
Key Considerations:
- Training & Education: Regular conflict de-escalation and legal training ensures compliance with use-of-force policies.
- Incident Documentation: Accurate reporting of security incidents is crucial for legal protection and accountability.
- Policy Reviews: Routine audits help keep security procedures in line with legal standards and industry best practices.
Examples of Strong Organizational Policies:
- Training Programs: A company offers in-depth courses on legal guidelines, reducing liability risks.
- Incident Reporting: Detailed security reports help defend against false discrimination or excessive force claims.
Conclusion
Security professionals in Canada face criminal, civil, and human rights liability risks. To protect themselves, they must fully understand legal requirements and comply with organizational policies. Ongoing training in conflict management and legal standards is essential for minimizing liability while ensuring safety.
For professional security training and certification, visit SecurityGuardCourse.ca to enhance your skills and protect yourself from legal risks.
References:
- Canadian Human Rights Commission: Human Rights in Canada
- Department of Justice Canada: Criminal Code
- Department of Justice Canada: Constitution Act, 1982
Last Updated on Apr 3, 2025
