Special Bundle Price (Security Guard + Security Investigator Training)

Welcome to your Security Guard Course!

Ontario Justice has introduced a number of changes to the legislation affecting Private Investigators and Security Guards. These changes include the introduction of a mandatory training requirement for all licensed Security Guards in the province. The goal is to increase the knowledge-base of the individual security guard thereby increasing the level of safety enjoyed by both the guard and the public encountering private security.

Our course, in keeping with the Ministry of Community Safety and Correctional Services’ syllabus, prepares applicants for work in the field of security. Under the Ministry’s guidelines, students must complete 40hrs of training in order to be eligible for a security licence.

You need to know the basics so that you can work safely and carry out your duties in a professional manner. This course covers all of the essential areas needed for this basic training. It was designed to help you pass the provincial exam and earn your Security Guard licence.

When you start working as a guard, you will gain your own relevant on-the-job experience. You may also want to take other courses, such as Private Investigation, Use of Force, or Smart Serve Training, to increase your skills and help protect yourself and others as you perform your duties.

This course will describe, in general terms, the duties and responsibilities of a Security Guard. It is expected that students will become familiar enough with the material that they will not only be able to write (and pass) an examination, but will also be able to keep the content of this course in mind as it is called upon from day to day in the performance of their duties.

This Security Guard Course is intended to provide you with the occupational and behavioral skills and attitudes necessary to professionally function as a Security Guard as required by provincial acts, regulations and in accordance with other legislation. The subjects covered are intended to provide Security Guards with a sound basis on which to deal with a myriad of on-the-job-responsibilities in an appropriate manner. Many tasks performed are quasi law enforcement in nature, where good public relations and awareness of the limits of legal powers and the use of force are extremely important. Upon successful completion of this training, Security Guard candidates should be able to properly:

(a) Deal with the public in a professional and ethical manner;

(b) Arrest people within the limits specified under the Criminal Code (Canada) and be aware of the rights and freedoms of individuals;

(c) Communicate effectively, both verbally and in writing;

(d) Present verbal and material evidence in Court;

(e) Write reports, protect evidence and conduct themselves appropriately in court;

(f) Direct traffic;

(g) Detect or prevent thefts and vandalism;

(h) Report and deal appropriately with perimeter protection systems, intrusion, fire, carbon dioxide, water, smoke, alarms, etc.;

(i) React and take appropriate measures in all emergency situations;

(j) Respond to bomb threats; and

(k) Perform other duties as required of Security Guards.

 

Serco DES

Serco DES is a subsidiary of the Serco Group, a parent company with operations in more than 30 countries worldwide. Serco DES is the business that was awarded the contract for implementing the testing for Security Guards & Private Investigators. Applicants should be aware of the following:

  • Serco is NOT a Government run agency. They are a private contractor that has bid on the contract and has been awarded the contract. Serco’s involvement in the licensing process begins and ends with the Ministry testing. They are not in a position to answer questions on the licensing process or the Application to Act as a Security Guard or Private Investigator.
  • The testing will be done at authorized Ministry of Transportation Drive Test Facilities. Employees of the Ministry of Transportation can NOT answer inquiries related to the testing as they are not made aware of the requirements of licensing.
  • Testing MUST be booked through their online booking system or through telephone. Contact Serco to schedule your test at 1-866-248-2555, or online at ontariosecuritytesting.com To book your test you will need:
    • Your Full Name and Date of Birth
    • Your Training Completion Number
    • A Credit Card
  • Payments may only be received by Credit Card or by Money Order. Using a Money Order to pay for the testing can delay testing, and therefore licensing, exponentially. Applicants are encouraged to use Credit Cards and Pre-paid Credit Cards for payment.

 

Ministry of Community Safety and Correctional Services and Service Ontario

To obtain more information on the Licensing process, application forms, and the application checklist visit the Ministry website at: www.mcscs.jus.gov.on.ca

Application Form (Service Ontario):
https://www.ontario.ca/page/security-guard-or-private-investigator-licence-individuals

LEARNING OUTCOMES

This module provides the student with an understanding of the following:

1.) The general role, duties and responsibilities of a private Security Guard.

2.) The difference between public and private in terms of law enforcement.

3.) The qualities and behaviors of a professional Security Guard.

DUTIES AND RESPONSIBILITIES OF A SECURITY GUARD

The Duties and Responsibilities of a Security Guard

Security Guards protect people, property and information. This session is designed to provide an overview of the principal duties and responsibilities involved in these security requirements.

Security Guards are requested by many different types of client and employers. In Ontario, the security industry is governed by the Private Security and Investigative Services Act, which states that a Security Guard is someone that “performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property” [Private Security and Investigative Services Act, 2005, c.34, s.2 (4)]. This Law further details that any person performing such work must obtain and hold a valid license to act as a Security Guard.

There are many different types of individuals working in the Security Services Industry, each with their own unique place within the overall structure. Law enforcement personnel primarily enforce federal and provincial laws, as well as provide logistical assistance during emergency situations. In recent years, there has been a shift from this public form of law enforcement to the private sector, as the Police services agencies are dealing with ever increasing volumes of incidents as populations increase. The Security Guard has now become integral to the protection of citizens in Canada.

Some of the more specialized roles in the Private Security sector include Private Investigators, whose primary task is the collection of information about the whereabouts and activities of specific individuals, and Loss Prevention Specialists, who actively identify and apprehend criminal perpetrators. Mobile Patrol Services are another example of the shift from public to private security. These uniformed guards respond to alarms and patrol large areas in vehicles, tasks traditionally assigned to Law Enforcement personnel, and provide a lower cost solution to Police response, something which can be quite costly for the property owner.

An Overview Of Duties And Responsibilities

Security Guards protect people, property and information. The duties and responsibilities of a guard are extremely varied from site to site. In order to satisfactorily undertake these responsibilities, a Security Guard must understand the importance of the position and the general duties that a Security Guard may be asked to play on a day to day basis. Guards must be well attuned to changes and developments within the industry and the expectations and obligations that are owed to the client, the public, and his or her employer.

The security industry is one of the fastest growing industries in North America, as private policing enjoys an increasingly public role. According to a recent Statistics Canada survey, there are more Security Guards working in Canada today than Police Officers:

Private Security personnel outnumbered Police Officers in both 1991 and 1996. In 1996, there were 59,090 Police Officers in Canada compared to 82,010 private security personnel: 12,230 private investigators and 69,780 Security Guards.

Criminal activity is not decreasing in frequency. Police agencies are expected to do more with fewer resources. The widening gap between Police service and demand must be filled with something, and based on the experiences of the last few decades in the United States, presumably it will be filled by private policing.

 

Public And Private Security

There are two main divisions of the security industry: public and private.

Public Security

Public security agencies are those groups that perform a security function but are funded exclusively by governments in the interest of public service. These agencies include municipal, provincial and federal Police forces. Legislation in each jurisdiction initiates and empowers these agencies, mandates specific training, and creates an objective complaint review process. Police forces are granted wide-sweeping powers that are generally recognized by the public, including:

  • Preserving the peace;
  • Preventing crimes and other offences;
  • Assisting victims of crime;
  • Arresting or detaining criminals, or those suspected of criminal involvement;
  • Drafting, and laying criminal charges;
  • Investigating crimes;
  • Seizing evidence;
  • Testifying in court; and
  • Executing search and arrest warrants.

Private Security

Private security is different than public security in several significant ways. Private security is provided to clients for a fee, and except in special circumstances, has its jurisdiction limited to the property owned by the client. Rather than service provided in the interests of the public, security is provided to protect the interests of the client. Traditionally, legislation in Canada has recognized these differences and has not extended the same powers of detention, arrest, and search and seizure to security service providers as have been extended to Police.

Private security includes measures taken by individuals, partnerships and corporations designed to protect their interests. Generally speaking, these measures involve the protection of property (such as the things produced by the client and the facilities and equipment used in its production), personnel (including both the people that work on the site and members of the public having access to it), and information about the products, property, facilities, process and so on (industrial security is rapidly becoming one of the most important aspects of private security).

Companies wishing to have private security without the costs associated with developing their own security unit will often choose to contract the services of an outside security company. By contracting the services of these agencies, a company avoids incurring the costs associated with managing and administering the function. For example, the costs associated with monitoring the performance of individual Security Guards, training, providing a benefit package, and so on, are avoided.

These administrative and other costs are divided among all of the clients of the security firm, decreasing the cost of providing these services to any one client. Companies choosing to employ contract security also can avoid any difficulties that may be encountered through union and employee contract negotiations. These concerns remain with the owners of the private security firms.

Private security firms also operate independently of the politics of the host company. Employees may feel that they can trust a Security Guard from outside the company, and therefore the employee may be more cooperative during investigations than they would be if internal agents were used.

Finally, independent security companies may be able to develop expertise beyond the range of experiences usually associated with in-house security operations. Depending on the nature of the security needs of the host company, it may be more beneficial to go to the experts rather than use in-house or general contract personnel.

 

The Role Of A Security Guard

It is the role of a Security Guard to protect people, property and information. They are responsible to a variety of people:

To the employer

As a Security Guard, you have a responsibility to your employer for the security and protection of property. This involves:

  • The responsibility to make every effort to ensure premises and property are protected in an appropriate and effective fashion against a variety of natural and man-made threats;
  • Preventing, detecting and reacting appropriately to the commission of criminal and quasi-criminal actions on or against the property of the client; and
  • The obligation to perform these duties in a way that enables the client to have confidence that they will not lose business or have to pay a substantial civil claim because of the conduct of security services.
To the Public

Security is normally assigned the duty of protecting the public from loss or injury. This includes:

  • A responsibility to interact with law enforcement officials and the Justice system, where necessary, such as apprehending and detaining someone who has committed a criminal offence. Security may be able to supplement the efforts of Police, performing preliminary investigations or securing crime scenes until the Police can arrive. Security personnel may also be a valuable source of information to the Police;
  • In emergencies, people may look to figures of authority for leadership and guidance. Because of his or her position, a Security Guard is likely to fall into this category;
  • Security Guards also possess information that would assist emergency personnel in times of crisis. For example, using that knowledge in an appropriate manner by directing firefighters to the easiest or best way to the scene of a fire or to the scene of an industrial accident that has occurred on a work site more quickly than they could have found it otherwise. Or, security may be able to warn emergency crews about danger zones within the site;
  • Where criminal charges have been laid as the result of information a Security Guard gave to the Police, and the proper procedures were followed in making the arrest, the Security Guard will be expected to testify that the evidence was legally acquired, produce and/or identify the exhibits, identify the accused, and present testimony to the court in a professional manner.
To Yourself

A Security Guard should recognize that he or she is a professional and is involved in a position that involves tremendous responsibility. Often, security is responsible for protecting hundreds of thousands or even millions of dollars of property and equipment. Consequently, the guard must act in a serious and responsible manner during the performance of his or her duties.

 

Observe, Deter, Record And Report

Although a Security Guard’s role may vary, one thing will never change.

A Security Guard’s primary responsibility is to “provide protection” to personnel, property and information. It is also important to note that the days of a Security Guard “acting tough” as a bouncer and enforcing the peace on a work site through force and intimidation, are past. While there can be no doubt that some situations will involve physical intervention, the majority of tasks assigned require a Security Guard to observe, deter, record and report only. Police Officers may rely on the status of their position, their uniform, extensive specialized training, and weapons to control situations in which there is some risk of being assaulted. Most Security Guards do not have these advantages and are far better advised to watch what is going on, take notes, and contact the Police if necessary.

Deterring And Detecting Crime:

Your very presence will deter most criminals from doing something illegal on your site. However, if someone does try to commit a crime, you should respond according to the protocol the Client wishes you to follow. Not all clients want people charged or the Police called. Your response will be predetermined by the client and the security company. Be aware of what your Post Orders require you to do. If you do call the Police, be able to give them valuable information. This may help them catch the criminals or stop the crime while it is happening. You should carefully make notes so that you remember as many details of the crime as possible.

It is important at all times to work to build good relations with the Police. Together with your local Police force, you form a security team. It is also important that you know exactly what you are allowed to do and what you are not allowed to do under the law. During the course of your career as a Security Guard, you will be responsible for a variety of duties. However, your main duty in all situations is to observe, deter, record and report.

QUALITIES OF A PROFESSIONAL SECURITY GUARD

Qualities Of A Security Guard:

Character

Security Guards should be honest, courageous, alert, well disciplined and loyal. Because guards are the custodians of company and customer property, the need for honesty is absolute. Failure to prevent damage or theft of property, acceptance of bribes or gratuities, or permitting the violation of company rules could be cause for immediate dismissal.

Continued alertness is essential and might mean the difference between life and death. Some duties such as patrols tend to become monotonous over time because of their routine nature. However because the very nature of these routines is to protect personnel and facilities, which may involve danger, Guards must be constantly alert for their own protection as well as the protection of those around them.

Prompt obedience and proper execution of all orders given by superiors is always necessary. Regulations usually specify that a guard must never leave their post until relieved by another officer or ordered to do so. Guards must not allow personal feeling and preferences affect or influence their job performance. Guards must be loyal to the job, the Security Industry, and their respective companies. All decisions must be based on what is best for the organization. The guard must be able to be trusted with confidential information.

Attitude

Because the Guard is often the first contact a visitor or employee has with the organization, the manner in which the employee or visitor is greeted may greatly affect that person’s perceptions of the company. Three important factors relate to attitude:

  • Courtesy
  • Restraint
  • Interest

Courtesy is the expression of consideration for others. It eliminates friction and makes personal interactions pleasant. By demonstrating courtesy for others, the Security Guard can obtain the cooperation of everyone, an essential tool in carrying out their duties. While answering questions, giving directions and even enforcing rules or traffic regulations guards must remain courteous. A firm attitude does not require belligerence. Repeated questions by visitors or employees, even when such questions appear ridiculous, should be met with a courteous response delivered in a pleasant manner.

Guards are to act without haste or undue emotion, not to use abusive language, not to argue with anyone and to avoid using force if at all possible. A calm dignified bearing engenders respect and will usually be more effective than a belligerent attitude. Differences in opinion on politics, religion, and society should not be discussed while on duty. Tolerance for the opinion of others must always be considered. Guards must perform their duties without assuming a threatening attitude. A Guard must also be interested in their job, and find some level of satisfaction within it. Unless the guard can find some reward in what they are doing, their attitude towards dealing with the public and other employees may become poor.

Duties of a Security Guard

Individuals are required to have a Security Guard licence if they perform work, for remuneration, that consists primarily of protecting persons or property. This includes but is not limited to bodyguards, bouncers, Loss Prevention Personnel, Mobile Patrol Guard, Event Security, and Hospital Security. You could be part of a Corporate Security detail or Armoured Car Service, or a Concierge at an upscale Condominium.

Each of these roles requires the individual to be able to work in different types of environments and with all kinds of people. In all cases, effective guards will deliver excellent customer service, be knowledgeable in their duties, and skillful in their application of the law.

Deliver Excellent Customer Service. This includes being honest, polite, interested, helpful, friendly, accountable, knowledgeable, quick, intelligent, accurate, and respectful. Guards will act in a manner that puts people at ease and our customers know that we are there to help them. They should be quick problem solvers and know the proper course of action for any situations at their particular post or duty.

Through their words and actions, guards should show respect and courtesy to all of those around them, including any subject or individual with whom you are directing, instructing, or advising on any course of action. During the enforcing of their duties, all guards will remain polite and friendly.

Your communication skills are going to be one of your biggest assets in your job. The ability to speak clearly so that others understand is a must. The awareness of coping mechanisms for stressful situations, for yourself and others, is critical, as you will be called in to mediate disputes. Pay attention to all forms of communication, verbal (voice) and somatic (body language).

Values of good service

The values of good service are the things that make a difference in the level of service and enjoyment of the customers. These values are the same across the service industry. These basics are what the customers and patrons are most sensitive to, as this is what makes a difference in how they are treated and how they associate value to the product.

Imagine going out to eat at an up-scale restaurant. What would you expect from the waiter or service staff in terms of service, assuming they are going to receive a BIG tip? What would you expect from the food (product) given the large expense?

Imagine staying at one of the top-line hotels for an evening. How would you expect to be treated? What would your expectations be from things such as room condition? Lounge area? Staff personality or attitude?

When going into a clothing store, do you respond to pushy, high-pressure sales staff? Or do you prefer someone who takes the time to listen to what you are looking for, and offers direction and information based on your choices? One is there just for their commission; the other is genuinely interested in helping you. Who would you prefer?

Considering these aspects will help you identify what kinds of attributes create good service quality. It is how we choose to deliver these things that set us apart from others. As a Security Guard you are expected to excel in delivery of these key areas. Consider the above examples again; what kinds of words or attributes would you associate with professional, high quality, expensive and high performance service from the restaurant, and the hotel?

Would you use words such as efficient, clean, nice, intelligent, on-the-ball, courteous, pleasant, friendly, knowledgeable, helpful, fast, and grateful?

Would you like to be served by someone who is moody, irritable, opinionated, angry, upset, muttering to themselves about co-workers, unpredictable, intense, and waving their arms about unnecessarily?

Think about it. Be aware of how you are interacting in the environment.

Be Knowledgeable of their duties. This includes knowing, without having to reference, any company policy and procedure as well as site specific policy and procedures and all relevant guidelines and operational orders or any other directions you may need to follow. It includes your boundaries in the limits of your duties as a Security Guard according to the Private Security and Investigative Services Act, 2005, and knowing how to respond in a lawful and ethical manner to any situation you may encounter during your duties.

Be Skillful in the application of the law. This includes knowing and obeying the law, post orders, and company policies. Knowing the roles that; the Security Guard, the general public or everyday citizen, and Peace Officer plays in keeping our communities safe. Each has a level of responsibility and ability to act according to their knowledge and position.

As Security Guards, our responsibility is to help protect the general public by acting as professional witnesses to the Peace Officers and Police Officers. As such, we must make sure that our actions always remain within the acceptable boundaries of the Security Guard and follow the laws that allow you to do your job, including knowing when to call the Police to take over the situation if it escalates beyond the scope of your capabilities.

Think about what you are doing, and how you are doing it. Try to remove yourself from the moment, and imagine how your actions appear to others around you. How would a professional officer respond? Are your actions congruent with the mental image? Are you an officer, or just someone in a uniform?

In responding and assisting, avoid drawing unnecessary attention to the situation. Creating positive witnesses is important, but you must avoid creating negative witnesses as well. We don’t want the public to be stopping to stare at what you are doing, as they would when they drive by a car crash. People like to look, everyone is curious; therefore you need to be completely professional at all times. Simple awareness translates into improved job performance.

Here is a brief outline of the role that a Security Guard performs. Greater detail of these roles will be discussed throughout the course.

  • Customer Service Representative
  • Patrolling Sites
  • Loss Prevention Personnel
  • Providing assistance in securing buildings
  • Enforcement of Rules and Regulations
  • Conflict Management
  • Acting as Liaison to Emergency Services
  • Report Writing

It is important that all these duties be carried out in a competent manner and are done so within the rules and regulations of the Private Security and Investigative Services Act of Ontario, which will be set out later in this course. This Act and other Acts which affect Security Guards will be outlined later in the course. It must also be noted that one of the greatest criticisms of Security Guards is acting as if they are Police. This couldn’t be farther from the truth. A Security Guard is not a Police Officer in any regard. Security has clearly defined legislation to allow some enforcement of some laws; however they do not have the same powers, responsibilities, or duties as Police Officers.

As a Security Guard it is important to have an understanding of the laws that govern the security industry and those laws which a Guard is authorized to enforce. This law affects the guard’s powers’ of arrest and limits their actions. The law is set out not only to protect people in society from crimes, but it is also meant to protect those who enforce the laws and those who break the laws. It must be remembered that all persons are innocent until proven guilty in a court of law. Although this has become somewhat of a cliché, it is a fundamental aspect of the way the law works in Ontario, and must be respected by anyone active in any way in law enforcement. Even if a guard sees the criminal act take place, such as shoplifting or trespassing, one must remember that everyone is entitled to their day in court.

Professionalism, Public Relations, and Personal Image

This area is easily one of the most important aspects to be aware of and improve on during your working time at the site. Everything from how you interact with people to how you carry yourself, from your unconscious body language to your posture and attitude. Everyone you meet is quietly taking note of how you carry yourself. Everyone you meet is also a client- you are constantly being evaluated by the people who pay for your service. This can be both good and bad. If you are aware of your words and actions, then you can use this to propel yourself and career to new heights and be recognized for your efforts. This also means however, that small slips and even minor mistakes and oversights could land you at another job site very quickly.

So how do we improve on our self-image? How do we ensure that we are putting our best foot forward? How would you want to be seen and remembered by the people who finance your paycheque? Through careful attention to your: Body Language & Mannerisms, Uniform, Vocabulary & Speech Patterns, and Personal Hygiene.

  1. Body Language & Mannerisms
  2. Vocabulary and Speech patterns
  3. Personal Hygiene
  4. Uniform

Body Language & Mannerisms

Your body language conveys a stronger message about yourself than perhaps any other observable method, except maybe fashion and clothing style. Before you even get a chance to speak to your subject, they already have an opinion of what they perceive, who you are and how you will treat them. Combine this with the first few words or sentences you speak and this forms the basis of the first impression. Studies have shown that first impressions are formed within the very few initial seconds of meeting someone and those impressions rarely change over time. Stereotypes play a part of this initial judgment, as do past experiences with people in similar trades, lines of work, or fashion groups. Personal experience and perceived image of the individual are filters through which all the rest of the interactions will now be subject. It is vital that you not only create a good first impression, but that you foster a positive mental image of your position, company, fashion style, and personality to help change the stereotype that you fit into. In future encounters, you want to encourage everyone you meet to see others in your position, in the same manner that you wish to be treated.

So, what are some things we can do to create a positive first impression? How can you ensure your body language is presenting you in the best light? Here are some things to consider when presenting yourself.

  • Posture: Are you slouching? Sit and stand with your shoulders back and relaxed. Think touching your shoulder blades together and have your back straight
  • Eye line: Relax your eyes and avoid squinting. Look at people in the eyes when speaking with them.
  • Head position: don’t tilt your head, or look to the floor. Your head directs the rest of your posture, keep it up. Look at the horizon when moving.
  • Gait: Walk in a relaxed manner. Take comfortable steps, with sure and firm footing. Take your time, relax your stride. Walk with confidence.
  • Tension: Relax. People can tell when you are tense. Whether it’s due to stress or effort, you don’t want to have your muscles flexed and hindering your natural movement patterns when at work.

The second part of body language is how you are speaking to people and what types of movements you use. Your subconscious habits should not put people off, or be distracting. Consider the following few points.

  • Do you use your hands when explaining something?
  • When you get excited or nervous, do you tend to move quicker?
  • Have you ever felt frozen on the spot before? Why? What happened to create this?
  • Do you have any repetitive habits or actions? (e.g.- biting nails when nervous)
  • Are you animated or are you subdued?
  • Do you have any facial expressions that you use often? Do your emotions show in your face and eyes? How is your poker face?
  • Are you able to project your emotions? (Do others quickly feel the same as you? E.g.- when you’re angry, it seems that everyone around you becomes angry too)

You can most likely come up with many more personal observations. Think about what you tend to do. Not all of these things are necessarily bad, as long as we know about them and can keep them in check. Once you get comfortable with them, some of your mannerisms can be used to create understanding, or a welcoming environment. You can help others relax by projecting a calm and patient demeanor through your body language. On a very basic level, remember that all animals communicate through body language, and to some degree, reading the ways people move is hard-wired into our brains through evolution. Its unavoidable, so control it and use it to your advantage.

Vocabulary and Speech patterns

For correct communication, the art of listening and speaking properly are greatly undervalued. The words you use, and how you use them make a big difference on how people will treat you and how they interpret your point of view.

While listening to a complaint, or customer, you need to be fully in the moment and not thinking ahead, or readying a prepared answer. Just listen, wholly, to the argument presented. Things such as eye contact, your posture and body language, being able to stand still and not be distracting with your attitude or mannerisms (fidgeting), will carry across to the customer that you are there to listen to them, and help them if you can.

When speaking with others, try to mimic the type and sophistication level of language that they use. Use the same descriptive words that they are using. The idea is not to copy what they are saying, but to attempt to relate to their level of education and upbringing through the kind of language you are using, this is called Empathetic Communication. Using characteristics such as similar vocabulary, keeping a calm and pleasant tone of voice, allowing time for the listener to fully comprehend what is being said, speaking slowly so as not to be racing through your thought process, and taking your time to explain things fully, are going to ensure that you are understood.

Your voice will also affect how others see and interpret your actions. Speak calmly, and forcibly if need be, but always politely with the intent of assisting those you are helping. You should be easy to recognize as an officer, taking care in your appearance and posture, equipment and conduct.

Speak slowly. When we are nervous, hurried, or multi-tasking, sometimes there is a tendency to speak more quickly. Relax, and take a breath. Always be polite. Adding the ‘Please’ and ‘Thank you’ will go a long way. Even if you have to be forceful in your speech, you can still be polite.

Always be aware of how and who you are speaking to. You must have just cause to interact with the individuals and your interactions must be appropriate for the time and place of business. Even while resolving a problem issue, you are still observed by those around you, and must ensure that your level of service is still observed as professional.

All your interactions should be at the same level of service, no matter whom you are helping. Keep in mind these values of good service as you go about your job; be polite, courteous, respectful, knowledgeable, efficient, helpful, friendly, and authoritative.

Personal Hygiene

Your personal appearance and hygiene are very important. We wish to be seen as professional and knowledgeable. Keep your uniform washed, clean, and pressed in neat order. Your shoes should be polished and equipment in order. Duty belts should not be overloaded with items. Some items you may carry are: medical gloves, tactical gloves, keeper or key-ring, and flashlight and holder.

These things make a difference on how people will treat you, as well as how they perceive your words and actions. You should be seen as a professional. Other professionals keep themselves neat and clean looking. No one wants a lawyer, surgeon, or Police Officer who has an odor problem, or who doesn’t comb and wash their hair.

Uniform

Your uniform should be pressed and complete. If a tie is to be worn, then wear it. Shoes or boots must be polished. Your jacket should be clean and free from dust and debris. All proper identification must be displayed. Make sure you air out your uniform every day. Do not keep it in a closed gym bag or knapsack if transporting it from home to site. Do not keep it locked in a locker for too long, without bringing it out for washing. Read your company’s employee handbook or uniform policy and follow it. Some important things to remember are:

  • All guards will make sure that they have a clean and properly pressed uniform for each shift. Each guard is responsible for the care of their uniform and to make sure that all proper equipment is worn during each work shift.
  • All guards are not permitted to wear any identifiable uniform or equipment part when off duty in any public place. No unauthorized equipment such as batons, handcuffs, pepper spray, and scanners are to be worn or used without proper authorization.
  • Guards may not consume alcohol while on duty or while wearing any part of the uniform. Smoking and chewing gum while in uniform and/or on duty is not permitted.
  • Guards should not partake in horseplay, practical joking and fraternizing while on duty. A military bearing should be encouraged. Guards should not lounge, slouch, or have their hands in their pockets during work shifts.

Guidelines for Proper Conduct and Deportment

The simple appearance of a guard is often insufficient as judgments are often made based on levels of communication, proper conduct, and professional deportment. Guards should be mindful of the following with respect to their behavior:

Dignified and confident. An important part of every Security Guard’s duty is to perform with confidence and dignity. By carrying out all aspects of the job with dignity, the Security Guard will command the respect of the people around them. Confidence can assist the Security Guard in performing their duties by silently reinforcing the authority that has been given to the Security Guard. An attitude of confidence tends to spread to the people who come into contact with the Guard during their duties. This feeling of reassurance is invaluable in dealing with emergency situations and goes a long way to resolving difficult interpersonal interactions. By dealing with the public with an attitude of respectful self-confidence, problems can be resolved quickly and cooperation from the public is more easily attained.

Calm and composed. In emergency or crisis situations, the Security Guard will be looked to as a person who should handle the situation. By accepting this role, the Security Guard also accepts the responsibility to remain calm and composed and to act efficiently to assist emergency services personnel in the swift resolution of the crisis. If the Security Guard loses their composure in a crisis situation then it will only add to the level of panic that is already present in the crowd. In any situation, the Security Guard must react quickly and handle the situation to the best of their capabilities. If the situation calls for an evacuation, then the Security Guard must direct patrons to the nearest safe exit point. By doing this in a calm relaxed manner, the guard will avoid mass confusion by giving the impression that the situation is under control. This will allow the evacuation to take place with maximum efficiency, which in some situations, could save lives. If a person is seriously injured, by remaining composed the Security Guard will be able to respond smoothly, reassure the public and get the help that any individual may require.

Tactful and considerate. A Security Guard is employed to protect the interests of the property owner; however the everyday citizen often assumes that the guard is there to protect the interests of the general public. This perception does not limit the guard’s ability to do their job. Public support can often be one of the guards’ most valuable assets. In order to carry out the orders of the security job, a guard must have the respect of the people on the site. This attitude of respect and consideration is especially important in dealing with individuals who may be intoxicated or otherwise incapacitated.

Confrontational individuals may not be accustomed to being treated with respect and dignity. This can work in a guard’s advantage in dealing with a difficult situation. Kindness, consideration, and tact should always be the first method of approach with any individual. No matter what their situation, human beings respond best to those who allow them to keep their dignity. Those who are not accustomed to being treated with consideration and respect often respond to tact and kindness more positively than those who receive these pleasantries all the time. An attitude of consideration and tact can help the guard to accomplish the duties of their job more easily than one of disregard or contempt. Treat all individuals you encounter as you would like to be treated. As you do not know all the details of their story, it is always wisest to assume the best about people. Drunk or disorderly persons are still in full possession of all their human rights under Canadian Law, and therefore deserve to be treated as such.

Exercise restraint. Restraint is an important factor when dealing with difficult or angry people. The Security Guard should act without haste or undue emotion. Abusive language, arguing, or force should be avoided in all situations if possible. Difficult and angry people may raise their voice, shout, yell, or they may even be verbally abusive. Actions such as these will add to the frustration of dealing with the situation. If the Security Guard uses restraint in dealing with the situation it will work to the benefit of the Security Guard if the person files a complaint with the company or individuals in charge of the site. Restraint is an attitude that must be stressed as it can assist in making the best of bad situations.

Maintain proper physical stance. While the Security Guard is stationed at their post or on patrol, they must maintain a proper physical stance to show the public that they are alert, interested and proud of their job. By slouching, leaning, or squatting the Security Guard conveys disinterest in their assignment. It also tells the public that the guard would rather be somewhere else, or doing something different. There will be times when a guard is stationed alone at a post for long periods of time with nothing happening around them. Even when there is nothing apparent, all guards should always maintain a proper physical stance in anticipation of a requirement to respond. This, if nothing else, will convey a positive personal image of the guard and his/her personal standards of performance, as well as show respect for the Client, Security Industry, and the Security Company. It gives the public a positive image of what it means to be a guard. A Security Guard is not permitted to smoke, chew gum, or eat while on duty. Security Guards should not lounge, slouch, or have their hands in their pockets while on duty. The consumption of alcohol during, or immediately before a shift, is expressly forbidden. Use of alcohol or narcotics either before or during a shift is cause for immediate dismissal.

Walk smartly and with purpose. When the Security Guard is on patrol or commuting between two areas of the site, they should do so with purpose. The guard should never drag their feet on the ground or walk with a relaxed posture. These factors add to the overall view of the Security Guard and the client. By walking with purpose the guard shows interest in the duties that they are performing. This image can add to the respect shown by patrons of the site.

Maintain the work post (clean and tidy). Maintaining a clean work post is important in the completion of the Security Guard’s duties. Everything at the post should have a place. There should be no clutter. Organization not only helps the guard on shift, but it also helps those relieving them. Shift Reports must be stored in chronological order to ensure accuracy and ease of finding necessary information. Shift reports are often stored in binders and these binders and reports are often stored at the particular site. The binders or file cabinets should have a label of the date range of all reports contained therein.

When working at a fixed post, there will be necessary paperwork at the site. This paperwork must be maintained according to post orders. The client must be able to access the information without having to search for it. In order to save time, ensure that all paperwork is filed properly and can be easily retrieved. A messy post does not contribute to the positive image of the Security Guard or the company. By maintaining a high level of professionalism and keeping the work area clean, neat and tidy, the guard can inspire confidence in their clients and co-workers.

Present positive personal attitudes/modes of behavior. Maintain a positive attitude. Attitudes are surprisingly contagious. It takes only one person with a negative attitude to affect those around them. Guards should perform their duties without assuming a threatening attitude as well. They should be impersonal in carrying out their duties at all times. Attitude can be compared to our ‘mood’ and it is within each one of us to choose our attitude consciously each day.

The Security Guard must also give the impression of being interested in their job. Interest and satisfaction in your work affects your attitude towards the public and in turn affects the public’s attitude towards you. Security Guards must give their full attention to their work. Therefore, activities such as reading, listening to music, playing hand-held video games, surfing the web or any other distraction or activity that falls outside of the guards duties are not permitted.

Security Guards must be alert at all times. There is no time for sleeping while on duty. Horseplay, practical joking, and fraternizing while on duty will reduce the guard’s effectiveness. A professional and responsible work environment must be maintained at all times.

Guidelines For Discipline And Integrity

Since Security Guards are uniformed professionals, it is essential for the guard to act in a disciplined manner and reflect client needs, the values of the company they represent, and standards set out by the security industry. To effectively accomplish this, guards must keep the following in mind:

Obey rules, orders and the law. A Security Guard’s job is to enforce rules and regulations at the site where they are posted. Alongside these responsibilities, the Security Guard will be closely watched by the public, as well as colleagues and supervisors. Infringements on rules and regulations will be looked for. Therefore, it is important that the guard follow each of the rules set out by the company, the Private Security and Investigative Services Act, as well as the Criminal Code of Canada. The Security Guard must follow the guidelines of the law. This will avoid any prosecution against the Security Guard.

Set an example. The Security Guard has been placed in a position of authority. In this role, it is important to set an example while carrying out your assignments. This can be done with little effort and quite easily by the guard. By performing their duties with interest, the guard will take pride in what they do and show that they are not just here for a paycheque. Confidence is important while carrying out their duties, as it reinforces the pride in the work that they are performing. Respect is not only an important factor in setting an example; it is also a good practice to use in everything that the Security Guard does. If you convey respect for all the individuals at the site, then they will have respect for the guards.

Be reliable and punctual. Reliability and punctuality are characteristics that can make or break the positive image of the Security Guard. It is advisable to be at the site fifteen minutes before the start of the guard’s shift. This is advisable so that the Security Guard can be properly briefed on the events that occurred during the previous shift. It also gives the Security Guard time to be fully prepared for the shift and ensures that the guard being relieved can leave promptly at the end of their shift. If the Security Guard is going to be late due to unforeseen circumstances then they must give the dispatcher enough time to inform the guard already on shift. Punctuality enhances reliability. By being punctual, the guard shows the client that they are reliable. Being reliable and punctual reflects well on a guard’s performance and will be reflected in a positive performance evaluation.

Get the job done. When performing duties on site, the guard should attend to them as soon as possible. Procrastination will lead to tasks being left uncompleted. This reflects highly on the Security Guard’s reliability and dependability. If the Security Guard is given a duty outside of normal post orders, then it should be completed right away. This is providing the client good customer service, which adds to the positive image of the Security Guard. If a patron to the site brings a problem or complaint to the guard, it should be dealt with promptly, even if it means temporarily interrupting the other duties of the post.

Avoid offering or receiving favours. Favours should be avoided at all times while the guard is on duty. It is a nice gesture if someone who is not a Security Guard, offers to help assist the guard in their duties. However, the problem in accepting assistance is that if the job is not done correctly, then the responsibility for mistakes remains with the Security Guard. It is the guard’s responsibility to perform all of their duties and to ensure that they are done properly. The same can be said for offering a favour to perform a function that is not the duty of a Security Guard. If the job is not done properly, then as a person in a position of authority, responsibility for the mistake could rest with the guard as he/she is the one who was expected to perform the task. By doing tasks that are not assigned to the post, the guard takes time and effort away from the duties they have been assigned to complete. Attention diverted from the Security Guard’s duties can also give criminals the opportunity to perform criminal acts. Avoid being distracted at all costs while on duty. Security Guards are not permitted to accept gratuities (tips). Accepting money while on the job could give the impression that the guard is accepting a bribe.

Maintain an interest in the job. There will be times when a Security Guard on duty, loses interest because of a lack of occurrences on shift, or because they are posted overnight. It is during these times that the guard will have a tendency to relax and take their job lightly. This is an understandable and common problem in the security industry, but it is up to the guard to ensure that they show interest in the duties they are performing. The Security Guard should never read, use personal listening devices, or sleep while at the work site. In order to remain professional in appearance, the guard must never sit, lean on doors, walls or act in any manner where they appear not to be interested in working. Maintaining an interest is easy. If there are no occurrences then the guard could go on an extended patrol, or speak with tenants or patrons to ensure that there are no problems or complaints. When speaking with people, keep the conversation short and do not let it distract you from the duties that you are responsible for.

Review one’s own performance periodically. Self review can help the guard perform their job better than any number of training courses. Self review can be done at any time and is as simple as asking someone what the guard could do differently or what they could improve upon. Self review need not be limited to the opinions of the client. By speaking with co-workers and colleagues, as well as supervisors and regular tenants or patrons to the site, the Security Guard can get an alternate picture of their performance. The Security Guard can then try to figure out how to improve their performance and try to find ways to make the way they complete their duties easier and more efficient.

Life as a Security Guard

Security Guards have demanding jobs that often involve stress and unusual work hours. Candidates should be aware that security is a 24-Hour, 7-day a week industry, often working through holidays. It is often when everyone else is going home for the night, that security is just beginning their shift, and starting their work day. Some of the more demanding aspects of the job are:

  • Rotating and random work schedules
  • Responding to incidents in adverse conditions
  • PTSD (Post Traumatic Stress Disorder) after dealing with Emergency Situations or Violent events
  • Working in dangerous areas and around hazardous materials
  • Interacting with possibly violent or aggressive people, mentally or emotionally disturbed persons, and other high intensity mediation situations
  • Increased accountability and responsibility
  • Increased workload during busy times

In the course of their duties, Guards often have to remain calm and relaxed in the face of stressful situations. Guards should be aware of their stress levels in their jobs and speak with their manager or superiors to make sure that they are not suffering from burnout or anxiety from their work environment.

3.1 LEARNING OUTCOMES

Upon completion of this module, students should be able to explain and identify:

1.) Private Security and Investigative Services Act, 2005 (PSISA)
• Explain an individual’s responsibility regarding licensing, including the licensing process and mandatory requirements
• Describe the general duties, standards, practices, regulations and prohibitions
• Explain the requirement to produce a licence

2.) Code of Conduct
• Explain the relevant components and the consequences of failing to comply
• Define complaint procedures

3.) The Security Guard Licensing Process

3.2 PSISA AND CODE OF CONDUCT

This lesson introduces the student to his/her responsibilities as a Security Guard under the PSISA. The Private Security and Investigative Services Act, 2005 (PSISA) regulates the security industry. As such, Security Guards must be familiar with the PSISA to ensure they follow the regulations and prohibitions including the Code of Conduct.

 

Ontario Provincial Legislation

The Private Security and Investigative Services Act, 2005 (PSISA, 2005)

In Ontario, Security Guards and Private Investigators are presently regulated by provincial legislation, called The Private Security and Investigative Services Act, 2005.

This legislation also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before employers could license an individual as a Security Guard.

These changes were introduced because the security industry had undergone significant changes in the years since legislation regulating the industry was first developed and implemented. The changes were viewed as necessary to ensure that both the public and the employees in the industry were adequately protected in performing security functions.

There are 8 parts to the PSISA, 2005, c.34

  • Interpretation and Application
  • Administration
  • Prohibitions
  • Licensing
  • Complaints and Investigations
  • General Duties and Standards of Practice
  • General
  • Regulations

The Registrar is given the authority to issue or renew a license. A license may be refused where:

  • The fee has not been paid;
  • The applicant cannot reasonably be expected to be responsible as a licensee;
  • Past conduct suggests the applicant will not conduct him or herself with integrity;
  • The applicant has contravened the Act, the regulations, or a term or condition of the license;
  • The applicant has been convicted of an offence;
  • Issuing or renewing the license would be prejudicial to the public interest.

The Registrar may amend, suspend, or cancel a license for any of the grounds set out above or where the licensee:

  • Has made a material misstatement in the application for a license or the renewal of a license;
  • Has committed an act of misrepresentation, fraud, or dishonesty;
  • Is no longer a fit or proper person to carry on as a licensee;

Where a license is cancelled or suspended, the license must be returned to the Registrar.

  • The Registrar possesses the general power of investigation under the Act and in respect to the delivery of services. The Registrar may inspect the business offices of any person being investigated and may obtain a search warrant to enter a dwelling house.
  • Where the Registrar receives a complaint from a member of the public about a licensee, he or she may conduct any investigation necessary. The complainant must be advised of the results of the complaint. Any information received by the Registrar must be kept confidential, unless the Minister expressly authorizes its release.
  • The Registrar may apply to the court to obtain a search warrant.
  • Obstruction of the Registrar’s investigation is an offence under the Act.
  • The Registrar may apply to the court for a restraining order to prevent the violation or continued violation of the Act.
  • The Act prohibits certain behaviour. Licensees cannot:
    • hold themselves out as police officers or connected to a police service;
    • refer to government licensing or bonding in any advertisement;
    • use a name other than the one under which they are licensed;
    • use the term “detective” in describing themselves;
    • allow other persons to use their license.

Licensees Must:

  • Only wear a uniform approved by the Registrar;
  • Carry and present their licenses to anyone making that request;
  • Comply with any terms and conditions of their licenses;
  • Be over 18 years of age;
  • Return their licenses to the Registrar when they expire, or are terminated, suspended, or cancelled;
  • Report to the Registrar any incident involving a member of the public involving the use of force or other unusual intervention.

Offences

If a security guard willfully commits an offence under the Act, there are severe penalties that can be imposed by governing bodies. Security Guards commit an offence if they:

  • Knowingly furnish false information in any application or in any statement or return required under this Act or the regulations
  • Fail to comply with any order or other requirement made under this Act or the regulations
  • Fail to comply with a condition of a license
  • Contravene or fail to comply with any provision of this Act or the regulations

In the case of a person other than a corporation, a first offence may result in a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

In the case of a corporation, the first offence may result in a fine of not more than $250,000. In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.

Identification of Security Guards

When new legislation came into force, the guidelines with respect to the identification of Guards changed significantly. While working, every Guard shall, upon request, produce his or her license for inspection to any person. Much like Police are required to produce their badges, Security Guards must be able to properly identify themselves when enforcing the law on their sites.

35. (1) Every person who is acting as a Security Guard or holding himself or herself out as one shall,

  1. Carry his or her license;
  2. On request, identify himself or herself as a Security Guard; and
  3. On request, produce his or her license. 2005, c.34, s.35(1).

General Rules and Standards of Practice

These are some of the rules that Security Guards must be mindful of during their day-to-day activities. They can be found between sections 35 and 40 of the PSISA.

  • Security Guards must always carry their licence with them when they are working (including “plain-clothes” Security Guards, e.g. loss prevention personnel or bodyguards). They must also identify themselves as Security Guards, and show their licence, if a member of the public asks them to do so.
  • With the exception of bodyguards and loss prevention personnel, Security Guards must wear a uniform while working. See below for further information on the Uniforms Regulation.
  • Security Guards are prohibited from carrying any symbol of authority, other than their licence and uniform (for example, a metal badge is prohibited).
  • Security Guards are prohibited from holding themselves out as police officers, or performing police-related duties. For this reason, they are also prohibited from using the following words when referring to their work as Security Guards: Detective or Private Detective, Law Enforcement, Police, Officer

For example, Security Guards are prohibited from referring to themselves as “security officers”.

 

Licensee May Not Act As A Collector, Etc.

Security Guards cannot act as a collector with respect to the collection of accounts, acting as a bailiff, assisting with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).

Canada’s Multicultural Society

Canada is a recognized multicultural society. The multiculturalism policy of Canada supports and encourages people from cultures living in Canada to both share and retain their cultural uniqueness. There is no requirement for new Canadians to become assimilated into the Canadian fabric, if by assimilation we mean the discarding of those cultural practices and traditions that are important to them. The only requirement is that all Canadians abide by the laws of the land and the Constitution.

The multicultural policy promotes that all Canadians respect the differences between cultures. In so doing, people may find themselves in situations where they are unfamiliar with the cultural practices of others. In these cases, it is suggested that every effort be made by both groups to become familiar with the cultural practices of the other, especially if there is to be a working relationship.

Living in a multicultural society means that people from all cultures receive the same rights and freedoms if they obey Canadian laws. Every year new immigrants and refugees come to Canada, many of whom do not speak or understand English well. You will meet many such people in your role as a Security Guard. Many people will see you as an authority because of your uniform. In some other countries Security Guards are more involved in police work than they are here. Some people may react strongly toward you because they have had bad experiences with authorities in their country.

Code of Conduct

Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.

This regulation defines what kind of behavior is appropriate or inappropriate for Security Guards to display while they are working. Security Guards will find that respecting the Code of Conduct is, in most cases, a matter of common sense – Security Guards are expected to treat members of the public in a respectful and professional manner. For instance, Security Guards must:

  • Act with honesty and integrity
  • Respect and use all property and equipment with the conditions of his or her license
  • Comply with all federal, provincial and municipal laws AND refrain from behaviour that is either prohibited or not authorized by law
  • Treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability
  • Refrain from using profane, abusive or insulting language or actions, or actions that are otherwise uncivil to any member of the public AND refrain from exercising unnecessary force
  • Respect the privacy of others by treating all information received while working as a Private Investigator or Security Guard as confidential, except where the disclosure is required as part of such work or by law
  • Co-operate with the Police where it is required by law
  • Not be working, while unfit for duty from being under the influence of alcohol or drugs
  • Not to conspire with another person or aid or abet another licensee in a breach of this Code of Conduct AND willfully or negligently make a false statement or complaint against another licensee
  • Not to misrepresent to any person the type, class or conditions of his or her license

Skills Called Upon During Ordinary Duties

Commonly, guards will be called upon to demonstrate:

  • Courage in emergency situations;
  • Calmness during disorder or confusion;
  • Genuine interest in the safety and welfare of the persons on a worksite;
  • The ability to deal with people in an understanding way.

A Security Guard who:

  • Appears to do little;
  • Has little knowledge of what is going on around him/her; and
  • Lacks interest in performing his/her job;

is not an asset to the employer or the client he/she is performing the duty for. Such attitudes tend to destroy the company’s image and any chance of a good relationship with the people the guard encounters in performing his or her duties.

Again it is emphasized that appearance, attitude and training are the three most important factors to promote a good public image.

Today, guards are asked to perform a variety of complex functions with discretion, diplomacy and tact. Guards are expected not only to look more professional, but also to have a greater knowledge of the laws and policies related to their industry. Some of these expectations include:

  • Acting in an honest and ethical manner at all times;
  • Being sensitive to people with special needs, different backgrounds, communities and cultures;
  • Possessing knowledge of criminal law, and their powers and responsibilities under it;
  • Possessing knowledge of their employer’s policies, and the policies of the client, in order to act in accordance with them;
  • Being well-trained and able to respond quickly and appropriately to the routine situations they will encounter every day on the work site. If emergencies arise, security will not panic but provide assistance to those in need;
  • Being properly attired and neat and clean in appearance;
  • Acting in a disciplined and professional manner, even when encountering difficult people or when placed in difficult situations, treating all people with respect and dignity.

The Regulations (under Part 8 of our PSISA, 2005):

  • Define and explain some of the terms used in the Act;
  • Outlines the process and the required forms for applying for a business or employee license;
  • Sets out the classes of persons exempt from the provisions of the Act;
  • Explains the type of licenses that may be granted (i.e. license renewal);
  • The application to renew must be made before the expiration of the current license. Should the Registrar receive an application after the expiration date of the current license, it will not be treated as a renewal. There will be no exceptions, so everyone should be aware of this;
  • Every licensee must be familiar with both the Act and regulations.

UNIFORMS (Ontario Regulation 362/07)

With the exception of bodyguards and loss prevention personnel, all Security Guards must wear a uniform that complies with the Uniforms Regulation. If a guard works for a licensed security agency, his or her employer is responsible for ensuring that the uniform meets all the requirements. Please note, Security Guards must also be familiar with the regulation, as it is their responsibility to wear the proper uniform on a daily basis. Some key points to look out for:

  • The term “SECURITY” or “SECURITY GUARD” must be displayed on the uniform in specific places and specific dimensions.
  • The uniform must include an identification tag, which shows the licensee’s name, or licence number or both.
  • A Security Guard uniform should not bear any traits that resemble a police uniform, such as rank chevrons, a police-style forage cap, or stripes down the side of the trousers.

EQUIPMENT (Ontario Regulation 366/07)

In some cases, guards working in Ontario may be granted permission to carry and to use certain devices to protect themselves in dangerous situations. The Ministry allows an individual to carry a firearm, baton, handcuffs, or allow the use of a guard dog in the provision of services. In such circumstances, the following conditions must be met always:

  • The equipment or device must be supplied and issued by the licensed or registered business entity. Guards who already own their equipment may not use their own personal devices while working. The employer must also keep a record of what equipment has been issued to each individual. This rule ensures that employers are fully aware that their employees are in possession of such equipment, and ensures that the actions and liabilities of the Guard while using these devices is covered under the employers insurance. In the case of firearms, the individuals are subject to the rules and regulations set out under the Firearms Act.
  • The employer must ensure that each individual is insured against liability resulting from misuse of the equipment provided.

While some devices are acceptable under Ontario law, guards should always check with their employers and the Ministry of Community Safety and Correctional Services to ensure that the equipment is authorized for use by a Security Guard. In some cases, new technologies, while based on technologies in common use, may not be acceptable according to the regulations. For example, while handcuffs are acceptable, Guards are not permitted to use cable ties or flex cuffs as restraints in the provision of security services. While in use by Police Services worldwide, such restraint devices do not have the same safety measures that handcuffs provide, and also often require a cutting tool to remove them which can pose a danger to both the Security Guard and the offender during incidents.

Firearms

1. An individual licensee may use a firearm in the provision of Private Investigator or Security Guard services only if he or she is authorized to carry the firearm under section 20 of the Firearms Act (Canada). O. Reg. 283/09, s. 1.

Batons

2. (1) An individual licensee may use a baton in the provision of Private Investigator or Security Guard services only if the following conditions are met:

1. The baton is issued to the individual licensee by the licensed or registered business entity that employs the individual licensee.

2. The individual licensee may use the baton for defensive purposes only. O. Reg. 366/07, s. 2 (1).

(2) A licensed business entity shall carry insurance to cover the risks associated with its employees carrying batons. O. Reg. 366/07, s. 2 (2).

Handcuffs

3. An individual licensee may use handcuffs in the provision of Private Investigator or Security Guard services only if the handcuffs are issued to the individual licensee by the licensed or registered business entity that employs the individual licensee. O. Reg. 366/07, s. 3.

Restraints

4. An individual licensee may not use cable ties or strip ties as restraints in the provision of Private Investigator or Security Guard services. O. Reg. 366/07, s. 4.

Oversight by employers

5. A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 366/07, s. 5.

USE OF ANIMALS (Ontario Regulation 365/07)

Guard Dogs are permitted under a regulation of the PSISA. The Ministry has imposed strict guidelines on the use of animals when providing security services that prohibit the use of a dog for illicit purposes. Guard dogs may only be used to detect people or objects on sites, and never to control the actions of individuals or for the pursuit or restraint of persons. Furthermore, an animal may only be used if it is accompanied by an individual licensee that is properly trained in the use of a Guard Dog, and then only if the dog is on a lead and is wearing a fluorescent collar and identification tag that includes the name of the licensed or registered business entity. The Guard Dog will also require specific training to ensure that it will obey the commands of the person the dog is accompanying. The dog must also be trained only to respond to aggression against the handler, and then only in a non-lethal manner to protect the safety of others.

Prohibitions re: use of animals

2. (1) An animal may not be used to control individuals or crowds or for the pursuit or restraint of individuals. O. Reg. 365/07, s. 2 (1).

(2) An animal may not be used to guard or patrol a place unless it is accompanied by an individual licensee. O. Reg. 365/07, s. 2 (2).

Dogs for tracking or detection

3. A licensee may use a dog to track or detect people or things. O. Reg. 365/07, s. 3.

Dogs accompanying a Security Guard licensee for protection

4. (1) An individual licensee, in the provision of Security Guard services, may be accompanied by a dog for the licensee’s protection. O. Reg. 365/07, s. 4 (1).

(2) A dog accompanying an individual licensee as permitted by subsection (1) must,

(a) be on a lead and under the control of the licensee; and

(b) wear a fluorescent collar and identification tag that includes the name of the licensed or registered business entity that employs the individual licensee. O. Reg. 365/07, s. 4 (2).

Dog training

5. A dog may not be used as permitted under this Regulation unless it is first trained,

(a) to obey the commands of the dog’s handler or the person the dog is accompanying;

(b) to respond only to aggression against the dog’s handler or the person the dog is accompanying, and to respond accordingly when the aggression abates; and

(c) to not kill or seriously injure people or animals. O. Reg. 365/07, s. 5.

Policies and procedures

6. A licensed business entity shall develop written policies and procedures on the care and handling of dogs used as permitted by this Regulation, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia. O. Reg. 365/07, s. 6.

Oversight by employers

7. A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 365/07, s. 7.

Information to new owners

8. An individual licensee or licensed business entity that gives away or sells a dog that was used as described in Section 4 shall advise the dog’s new owner that the dog was used to accompany one or more Security Guards in the provision of Security Guard services. O. Reg. 365/07, s. 8.

RECORDKEEPING REQUIREMENTS FOR LICENSED BUSINESS ENTITIES (Ontario Regulation 434/07)

1. (1) Every licensee that is a business entity shall keep the following records:

1. A list of all the Private Investigators and Security Guards currently employed by the licensed business entity.

2. A list of all the Private Investigators and Security Guards not currently employed by the licensed business entity but who were employed by the licensed business entity at any time in the previous two years.

3. With respect to every person named on the lists required by paragraphs 1 and 2,

i. a copy of his or her employment contract, and

ii. a record detailing the period when the person was employed and the locations where he or she provided Private Investigator or Security Guard services in the course of that employment.

4. With respect to all Private Investigator and Security Guard services provided by the licensed business entity,

i. all notes and reports prepared by the Private Investigators and Security Guards employed by the licensed business entity,

ii. all photographs and video, audio or other electronic records produced or obtained in the course of providing the services,

iii. a Use of Force Report, in the form approved by the Registrar, for every instance that a Private Investigator or Security Guard employed by the licensed business entity used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and

iv. a Use of Force Report, in the form approved by the Registrar, for every instance that a dog used in the provision of Private Investigator or Security Guard services attacks a person.

5. If a Private Investigator or Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to carry handcuffs, a baton or a firearm in the course of his or her employment,

i. the name of each such Private Investigator and Security Guard,

ii. evidence that each Private Investigator and Security Guard named under subparagraph i has been trained in the use of handcuffs, batons or firearms, as the case may be,

iii. documentation as to the credentials of the trainer who provided the training referred to in subparagraph ii,

iv. evidence that the licensed business entity is insured against the risks associated with the use of handcuffs, batons or firearms, as appropriate, and

v. an equipment log detailing:

A. each time the licensed business entity issued handcuffs, a baton or a firearm to a Private Investigator or Security Guard and the name of the Private Investigator or Security Guard to whom they were issued,

B. the type of handcuffs, baton or firearm issued in each case detailed under sub-subparagraph A,

C. a description of the location where the handcuffs, baton or firearm were carried in each case detailed under sub-subparagraph A, and

D. for each baton issued, a threat assessment setting out the need for the Private Investigator or Security Guard to carry it.

6. If a Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to be accompanied by a dog for his or her protection in the provision of Security Guard services,

i. a record of the training the dog received,

ii. evidence that the Security Guard has been trained in the use of dogs in the provision of Security Guard services,

iii. a copy of the licensed business entity’s policies and procedures on the care and handling of dogs, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia, and

iv. a log detailing each time that the licensed business entity issued a dog to a Security Guard for his or her protection in the provision of Security Guard services and the name of the Security Guard to whom the dog was issued. O. Reg. 434/07, s. 1 (1).

(2) Every licensed business entity shall retain the records required by subsection (1) for two years or, if any such record is relevant to an ongoing investigation, inspection, complaint, court proceeding or administrative proceeding, until the conclusion of the matter. O. Reg. 434/07, s. 1 (2).

(3) For the purposes of subsection (2), a court proceeding or administrative proceeding is concluded once a decision is rendered and all rights of appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).

4.1 LEARNING OUTCOMES

Security Guards need to respond to changes in their environment, which include actions such as traffic movement, ensuring the safety of persons between and within locations, monitoring and managing the access and departure of persons and vehicles and observing and monitoring people. Security Guards need to be aware of the correct way to deal with those situations.

Once this module is completed, you will be able to:

Describe and explain surveillance and address the following surveillance techniques:

  • Observing the physical environment
  • Attending to environmental details
  • Situational awareness

Describe the basic elements of security and include the following:

  • Access control
  • Crowd control
  • Vehicle control
  • Shift handover

Discuss drug effects, substance abuse and related drug paraphernalia and understand signs of substance abuse and withdrawal including physical psychological consequences

4.2 SURVEILLANCE AND PATROL TECHNIQUES

General Patrol Tactics and Techniques

Security Guards will be called upon to observe the physical environment for changes and suspicious behavior. This objective is typically achieved by conducting an in-person or remote surveillance of the physical environment. Security Guards are expected to notice and monitor minor changes in order to make sound decisions when devising a plan of action.

 

Specific Duties of a Security Guard

The duties of a Security Guard can be categorized as being either static or patrol oriented.

Static duties involve those activities that the Security Guard does from a single place, usually a fixed post or location. Examples of fixed posts include gatehouses or building lobby entrances.

Patrols enable a guard to check the client’s property in an efficient manner. When the responsibilities of a Security Guard are reviewed and analysed, one of the most important factors is the need to identify and prevent situations that may negatively affect the client’s property.

This is achieved through the following means:

  • Building and perimeter protection;
  • Intrusion and access control;
  • Alarm and surveillance systems;
  • Fire prevention and control;
  • Emergency and disaster planning;
  • Prevention of theft;
  • Accident and safety protection;
  • Enforcement of rules, regulations and policies.

The skills necessary to accomplish the above-described tasks are varied; however there are some common elements.

Some of these elements include:

  • Protecting buildings and grounds including all contents, occupants and visitors;
  • Enforcing rules and regulations related to security in and around the site;
  • Directing both foot and vehicular traffic in and around the site;
  • Being familiar with all special and general orders relevant to the site;
  • Supervising and enforcing all systems designed to monitor or identify personnel and vehicles entering the site or sectors within the site;
  • Conducting inspections of packages and vehicles as required;
  • Controlling access of people, product and vehicles onto the site, exiting the site and within the site;
  • Conducting and reviewing safety inspections of all areas of the site;
  • Maintaining the orderly operation of the site relative to its on-going safe operation;
  • Recording and reporting all relevant information pertaining to the security of people, products and vehicles to the security supervisor or, where so designated, the client’s representative.

 

 

STANDING ORDERS

Standing orders are instructions that are of a permanent nature and apply to a specific site. They provide the Security Guard with direction regarding company policy.

POST ORDERS

The post order (or site order) is a document that delegates the task of security from the property owner to the Security Guard. The delegated authority includes not only the functions that the Security Guard is to carry out, but it also supplies the methods to be used in executing these functions. Post orders contain procedures, directives or instructions that are likely to be altered, deleted, or reviewed as required. Any instructions or directives that are dated must be adhered to. Outdated orders should be brought to the attention of the security supervisor or manager.

Other information post orders may contain:

(a) OPENING LETTER: should provide authority from the property management and provide a few details about the purpose and scope of objectives of the orders;

(b) INDEX: should be placed in such a way to accommodate revisions and amendments;

(c) EMERGENCY NUMBERS: a list of all emergency numbers should be available to the Security Guard. Fire, police, ambulance, maintenance, company officials involved in the provision of security services, your supervisor, are some of the numbers that must be kept current;

(d) SECURITY FORCE OPERATIONS: should include a schedule of the hours that each Security Guard is to work, the location of each post should be shown in this section as well as a brief description of the duties expected of each Security Guard;

(e) REPORTS: should indicate what type of report is required at the end of each shift, as well as acknowledging reports submitted by Security Guards regarding such matters as building security;

(f) RESTRICTED AREAS: Post orders will usually contain policies or provisions on all restricted areas within a facility. Some of these areas will be restricted to employees only. Documents and photographs should be kept on hand and checked prior to allowing individuals to enter restricted areas.

 

LIABILITY FOR BREACH OF DUTY

Security is required for a reason. Clients do not pay money to have a Security Guard fail to perform his or her duties. Security companies and the guards themselves may be liable for negligent conduct, such as:

  • Failing to patrol as required;
  • Failing to follow specific instructions while on patrol (such as checking boiler water levers, check valves, and so on);
  • Sleeping on the job;
  • Being impaired while on the job (alcohol or drugs);
  • Falsifying records, including notebook entries;
  • Leaving the site without permission.

 

High Visibility Patrol

High visibility patrols focus on making the Guard more visible to the people around them. By increasing the physical security presence of the guard on site, we effectively deter many illicit activities simply by increasing the likelihood that the offender will be identified and apprehended for his or her crimes. This protective approach is favored by many clients, particularly those with a strong focus on the company image and reputation.

 

Low Visibility Patrol

Low visibility patrols are used in areas where there is a large area to cover by a single guard, areas where there are hazards that pose a threat to the safety of the guard, and situations where serious criminal activities are taking place. During these types of patrols, the guard remains hidden from view, and collects as much information about the situation or event as possible so that it may be relayed to the appropriate parties to be dealt with. For example, if a guard receives a report of someone on site carrying a weapon, the guard should keep the individual in view while coordinating with the Police to ensure that the subject is captured in a safe and controlled manner.

 

FIXED POST AND PATROLS

Guards may be required to perform many different duties, two of the more important are at a fixed post and patrol.

FIXED POST

The fixed post is usually located at a point where both pedestrians and vehicles can be checked before they are allowed to enter or leave a facility. Other duties for a fixed post may include the following: guarding a vulnerable point, control of access, surveillance of some apparatus or certain installations, and identification control. It must be emphasized that the tasks of the guard are usually contained in the orders of the post to which they have been assigned. The guard must not deviate from them; any action that is taken must never be counter to the orders.

PATROL POST

If a Security Guard is assigned to a patrol, he or she will be required to perform the patrol of the designated area and return to the post when finished. This is known as “double duty”. To carry out this type of patrol, the guard must move about normally, following a prescribed frequency, covering the points to be checked. The guard must give a detailed report of these rounds, drawing attention to abnormal events and actions noted in each round tour.

The patrol function is one of the most complex, and most highly visible of all security activities. One of the first things a Security Guard should be aware of is that a uniformed patrol force goes a long way in the areas of crime prevention, the apprehension of individuals committing offences, and, in general, the preservation of the peace. It is the primary reason that security is hired.

Security Guards are hired to protect people, property and information. A uniformed guard will help to deter crime just by being in an area. When you do a patrol you widen the area that you are protecting.

ROAMING PATROL

This mobile form of patrol allows a Security Guard to be more flexible when covering a large area. Guards performing this function may be on foot, on bicycles, or in a vehicle. The theory is that, while assigned responsibility for a given area, they are not normally required to be in a specific part of that area at a specific time.

VEHICLE PATROL

This type of patrol normally covers areas that are too great to be covered on foot. The vehicles are usually equipped with radios or mobile telephones and commonly are in constant communication with the dispatcher. Precise instructions are given about the type of patrol required. The patrols will often include parking lots, storage yards, perimeter fence lines, outer perimeters and areas that are impractical to patrol on foot. When on vehicle patrol, guards may be required to transport, in emergencies, sick or injured persons to First-Aid stations and/or hospitals. When asked to escort valuable information, money or important shipments to outside locations, a Security Guard must know the Security Company’s policy in this regard. Most Security firms do not engage in escorting money because they may not carry the insurance to cover this activity. This is another matter that must be predetermined by the client and the Security Company, and made known via Post Orders to the Security Guard.

 

PURPOSE OF PATROLS

The main purpose of a patrol is to maintain the security of the premises under your authority. That is, a Security Guard is assigned a patrol function because it has been identified that in the circumstances it is the best way of protecting the property and people at the location. There are as many risks presented to persons and property as there are reasons for security. Like the “beat cop” of old, a patrol emphasizes the presence of security, acting as a general deterrent and discouraging lawbreakers.

Patrols by a well-trained individual with an eye for detail also increases the likelihood that hazards and emergencies will be detected, such as a boiler that is about to overheat or sparking electrical wires that may start a fire. The enormous cost of ensuring that these occurrences will be detected by other mechanisms (electronic monitoring systems, alarms, and so on) may make the use of security a more cost-effective alternative.

In addition, the presence of a person that possesses the capacity to immediately react to a wide range of situations also increases the responsibilities of a Security Guard.

As a Security Guard, you may be asked to watch for things like fires, offences being committed, damage to property, as well as those things that allow you to anticipate these types of occurrences.

 

PREPARATION FOR PATROL

Preparation for a patrol should always begin with a statement regarding the purpose of the patrol. For example, is the Security Guard expected to keep intruders away? Assist members of the public who appear confused or in need of assistance? To check boilers and other equipment, to make sure they are still functioning safely? The purpose of a patrol can change from time to time, even within a single shift.

The first time that a patrol is made, security may focus on breaches of the property by an intruder; the second time, to make sure that the safety equipment on machinery in the area is functioning properly; the third time, to check again for intruders and breaches of the work site, and so on.

Refocusing on the particular purpose for the patrol each time it is initiated will assist the Security Guard to concentrate on activities he or she is responsible for and will ultimately be assessed on. This is not to say that security should focus exclusively upon a single activity during the patrol, to the exclusion of all other things. For example, it would be ridiculous to ignore a raging fire in the building being guarded just because the Security Guard has been asked to perform a perimeter patrol to check for intruders. Remember that you are being hired to protect the persons and the property in the best way possible. A Security Guard will be expected to use common sense in the execution of his or her duties.

Site orders may assist the Security Guard in preparation for patrol. Site orders will often give clear and precise instructions as to what will be required of all guards while on patrol.

A Security Guard should take the time to familiarize him or herself with the work site upon arrival. Ask questions of other guards and of workers at the site about what, if anything, has changed since the last shift. An effective Security Guard, like the proverbial Boy Scout, must be prepared for virtually everything. You cannot be adequately prepared if you do not have all the relevant facts.

A thorough knowledge of the geography of the area to be patrolled is essential. Determine, in advance, where telephones, water shut-off valves, and electrical and alarm panels are located. Find out where light switches are located, and where emergency lighting is provided. Know where emergency equipment, such as back-up generators, first aid kits, fire alarms, hydrants, and extinguishers, are located. These things should be as familiar to the guard as his or her own home. The Security Guard should know the best routes to follow in an emergency, selecting the simplest, most direct route with the least number of safety hazards.

Make a list of activities that need to be done while on a specific patrol. Devise your route in advance; including a map of the major check points, passageways, rooms, stairwells, doors and windows, and so on. Plan alternate routes in case specific areas are made inaccessible due to an emergency such as a fire, explosion, or chemical leak. The timing and route of the patrol should be varied to ensure that it does not become too routine or too predictable.

Ensure you possess the proper equipment including climate appropriate clothing, first-aid supplies and communication devices. Know what keys and other specialized equipment is necessary to conduct the patrol you undertake. Make sure that your communication equipment is operative before you start the patrol. Determine if it will operate in all of the areas that your duties will conceivably take you. Various things in the environment will restrict or eliminate the operation of cellular phones and radios. Be aware of these “dead zones” and where communications can be re-established. Some clients will not allow the use of cellular phones and radios in certain areas. For example, hospitals frequently prohibit the use of these devices because of the danger of interference with delicate electronic equipment. It is recommended that you determine, in advance, where these restricted areas are and comply with the employer’s request.

Make sure that a list of emergency numbers has been provided. Map out all evacuation routes and procedures keeping in mind specific hazards and danger zones in the area such as storage areas for flammable materials, explosives, and so on. For example, in the event of a fire, you would probably not want to walk past an open vat of gasoline, if at all possible.

FOOT PATROL

“An alert guard on foot patrol has a better chance to prevent crime and make apprehensions at the scene of crimes in progress than do motorized patrol guards.”

Some people reading the above statement may feel the position taken is too strong and that other methods of patrolling are equally as effective. In some cases this is true. However, most crimes that can be directly affected by enforcement activities (mischief, robbery, break and enter, shoplifting, and car theft) take place in the public eye. A vigorous foot patrol can affect these crimes directly through prevention or immediate apprehension of the offender.

Foot patrol is the most common method of patrol in the security industry. It is normally utilized where it is not possible to provide the same protective coverage through other methods such as motorized patrol or electronic surveillance. Virtually all of the senses of the Security Guard (sight, hearing, smell, and touch) may conceivably be used during foot patrol.

Frequent “sidewalk” crimes, such as damage to storefronts, purse snatching, drunkenness, vagrancy, and loitering, and areas known for high concentrations of vehicular or pedestrian traffic (such as around bars and areas of prostitution) may also require foot patrol. Large suburban shopping centres, shopping malls and pedestrian-only shopping streets where vehicles are not permitted may necessitate frequent foot patrol as well.

As with every patrol technique that an employer or a client wishes security to use, certain advantages and disadvantages are apparent in foot patrol. They can be summarized as follows:

DISADVANTAGES OF A FOOT PATROL:

  • Restricted mobility and area of coverage;
  • Length of time to patrol;
  • Foul weather prevents or curtails some activities;
  • Capacity for pursuit is limited;
  • Difficulty in carrying equipment such as reports, forms, and first-aid kits;
  • Communication may present a problem, unless portable radio or telephone equipment is used;
  • Supervision of foot patrols is difficult.

ADVANTAGES OF A FOOT PATROL:

  • Is highly visible;
  • Makes more person-to-person contact and therefore has a greater opportunity to improve security via community relations;
  • Because the patrol guard knows more people on the beat, there are more opportunities to develop sources of information;
  • Greater familiarity with the physical characteristics of the beat, such as places for offenders to hide and danger zones;
  • Knowledge of patterns and characteristics of an area may help to anticipate an incident before it becomes more difficult to control;
  • All senses may be used;
  • Ability to access smaller spaces such as stairwells.

 

VEHICULAR PATROL

Patrol from a vehicle, such as a bicycle, car, motorcycle, truck, or snow machine, enables a Security Guard to conduct his or her duties by undertaking a more brief visual check of the area he or she is assigned to protect. Larger sites, or perhaps even multiple sites, can be covered by a single guard with a vehicle. Each method of vehicular travel may have different advantages and disadvantages. For example, a Security Guard operating a motor vehicle may be able to carry a larger amount of equipment than a guard on a bicycle. A bicycle, however, is far quieter and may provide access to areas where a motor vehicle cannot go such as through a park.

DISADVANTAGES OF A VEHICULAR PATROL:

  • The vehicle may be restricted to particular areas, such as roads or paths;
  • Vision may be partially restricted inside a vehicle;
  • Foul weather may prevent or curtail some activities;
  • Capacity for pursuit may be limited under some circumstances;
  • The engine noise made by a motor vehicle may mask some noises or alert others of the presence of security;
  • Sealed cabs on some vehicles may prevent the detection of some dangerous situations (for example, the leaking chemicals that a guard on foot would smell might not be noticed by someone inside a vehicle);
  • Lower level of interaction with people.

ADVANTAGES OF A VEHICULAR PATROL:

  • Motor patrol is highly visible;
  • Larger areas can be covered in a shorter period of time;
  • Speed in responding to other areas of the site increased;
  • Additional equipment may be carried;
  • Protection from foul weather – rain, snow, extreme temperature.

 

There is an added responsibility for the Security Guard when they use a vehicle for patrol. The vehicle must function properly, and not become a hindrance as they complete their patrol – a fundamental pre-check is recommended. You may be required to fill out a form such as the one below:

 

VEHICLE INSPECTION LOG

Guard’s name _______________________________ Date ________________________

Mileage end ____________________ Shift ___________________________

Mileage start ___________________

Mileage total ___________________

Checks

Lights:

Headlights ? Brake lights ? Tail lights ? Turn signals ?

Fluids

Transmission ? Brake ? Rad water ? Power steering ? Belts and hoses ?

Damage

During your initial vehicle inspection, did you find any new or unreported damage?

Yes ? No ?

 

If yes, describe the damage __________________________________________________

___________________________________________________________________________

 

While you were on duty was there any damage to the vehicle?

Yes ? No ?

If yes, please attach damage report.

Fluids

Did you add gas or any other fluids? Yes ? No ?

If yes, please indicate amount and cost.

Fluid type # of liters Cost

 

Security Guard Signature__________________________________________

SURVEILLANCE (NON-MOBILE PATROL)

Also known as visual or fixed patrols, surveillance (with the assistance of technology), enables a guard to remain stationary but keep a constant watch over a specific area. For example, an entrance/ exit point may be kept under continual observation, or an entire complex can be kept under watch with the assistance of mirrors, security cameras and fences.

DISADVANTAGES

  • Cameras and fences may be circumvented or defeated;
  • All areas cannot be kept under continuous observation – blind spots will exist despite careful planning;
  • Reliance on equipment may fail, especially in adverse weather conditions;
  • Personnel must concentrate on one area for long periods of time;
  • Reliance on only one sense – vision;
  • Response may be restricted to calling Police or internal personnel, especially if the guard is not on site but is monitoring from a different location;
  • None or limited interaction with the community.

ADVANTAGES

  • Access and egress (entry and exit) of the site readily controlled;
  • Difficult for individuals to enter the premises and physically attack the guard;
  • Guard station or highly-visible camera placement acts to deter would-be perpetrators;
  • Lower number of guards required to contain the area.

WHAT TO WATCH FOR WHILE ON PATROL

Following are some general guidelines for what a Security Guard might be wise to do while he or she is on patrol. The list should not be taken as a list of absolutes; the Security Guard should be prepared to develop his or her activities to suit the specific location and job function he or she has been assigned.

  1. Use a Notebook

All unusual circumstances must be recorded in the Security Guard’s notebook. This is why it is a good idea for a Security Guard to carry a notebook and pen along on patrol. Remember to make notes at the time observations are made, or as soon as possible thereafter. Add the date and time of the observation and add when you recorded the observation.

For example, if a suspicious vehicle is spotted in the area, the Security Guard will make notes about the description of the vehicle, its licence plate number, and a description of any occupants of the vehicle when it is observed.

  1. Daylight Patrols

A Security Guard should strive to be conspicuous while on patrol during the daytime to obtain the maximum deterrent effect. The idea is to be seen and to make your presence known. Members of the public may see a uniformed Security Guard as an individual in authority with special knowledge of an area. A Security Guard who is patrolling a shopping centre or maintaining a post in a kiosk in the lobby of a building may see anything from parents searching for lost children to visitors seeking help to find a particular part of the building. Expect this type of attention and be prepared for it to come at the worst possible time.

As said in other chapters, a Security Guard is often perceived as the representative of the entire security industry. A Security Guard who yells, uses emergency equipment such as radios, intercom systems and flashing dome lights without cause makes a poor ambassador and will not add to the public perception of security. In short, do not act unprofessionally.

Many criminal acts, including assault, shoplifting (theft), robbery, and break and enter, commonly occur during daylight hours. Make an effort to know the people that you will be seeing and dealing with on a daily basis. They will be able to provide you with a wealth of information, or perhaps with a signal, alert you to a special problem without announcing it to the entire store.

  1. Look for the unusual

As you conduct your patrol, look for things that appear out of place or don’t make sense. For example, when the store clerk who generally waves to you as you walk by inexplicably doesn’t look up from the cash register, it may be because he or she is particularly engrossed in the sale they are making – or it may be because there is a robbery in progress. The person moving from car to car in the parking lot might be trying to find an unlocked vehicle to steal from, or he or she might be lost and looking for their own vehicle. The person running through the shopping mall might be fleeing with stolen goods, or he or she might be running to catch the bus. The person sitting in a car outside a building might be waiting for a passenger to come out, or he or she might be “standing six” for accomplices breaking into the premises.

The point of all of these scenarios is to demonstrate that the number of things that could draw your attention is potentially unlimited. Look for the unusual and the out of the ordinary, no matter how small or insignificant. Things like pry marks on doors, hinges, or windows, broken glass in or near windows, sparking wires, flashing alarm panels, fire or smoke, running water, or broken pipes, and unidentified vehicles, may be out of place and suggest that a closer review of the situation should be performed.

Special attention should be paid to fire and safety hazards that are uncovered during patrol. Are there a sufficient number of fire extinguishers available to react appropriately in an emergency? Are they appropriately placed and fully charged? Are any emergency exits inoperable, blocked or damaged? Are there hazardous and/or flammable goods stored on or near the premises? Are floors covered in something that makes them slippery? Are stairwells well lit? Is there construction, an excavation or some other specific hazard that might pose a danger to people or property? Are there fumes that might suggest a problem has developed or that might pose a danger? By drawing attention to these types of details, a Security Guard is better prepared to warn people of something that has happened, or, in the event of an emergency, to protect them from something that might happen.

  1. Patrols at night

Patrols during the night-time should actually be renamed “patrolling during situations of poor illumination”. What this genre of patrols refers to is situations where security is able to take advantage of darkness and use that condition to observe what is happening around him or her to better protect the persons and property that he or she has been hired to guard.

A Security Guard that wishes to use this type of patrol technique would be well advised to inspect the area to be guarded during daylight hours. Obtaining the proper equipment for a night-time patrol is also essential. At the very least, in addition to climate appropriate clothing, the patrolling member should carry a working flashlight.

In these circumstances, a Security Guard on patrol, who wishes to remain unobserved while viewing the surroundings, would best be advised to walk next to buildings and spend time in shadows or darkened areas. While walking, standing, sitting, or parking, and listening quietly, an individual may better hear things happening that affect the persons or property he or she has been hired to protect.

Again, look for anything unusual or out of place, such as unlocked doors that should be locked, strange vehicles, a light out in a building that is usually left on, loitering strangers, things stacked near doorways and other places they do not belong, strange smells, from chemicals to smoke, and so forth.

  1. Checking Doors and Buildings

Checking the security of buildings may be one of your primary duties. The exterior of a building should be checked first. The Security Guard should look for signs of forced entry and signs of fire such as flames, smoke, and excessive heat.

If possible and appropriate, the roof should also be checked, not only for signs of forced entry, but also for equipment loss, damage, or failure.

When checking a door, the Security Guard should not simply grasp the handle and shake vigorously. This will alert anyone inside that someone is there and has discovered their means of entrance, and likely, their means of escape. Instead, the door should be first checked to see if it was forcibly entered. If needed, a flashlight may be used to look at the hinges, the latch, bolt, and lock for fresh damage or pry marks. When the door is tested to see if will open, it should not be jerked open, but instead opened gently and for only a short distance.

If the door opens, when it is supposed to be locked, the Security Guard will know that someone may have entered the premises and might still be inside. The investigating Security Guard should not enter the building alone unless he or she believes that someone’s life is at stake. Instead, they should always call for assistance or alert backup that the door was found open, even if they believe that it was left unlocked by someone who had legitimate access and was careless in securing the door. While waiting for help to arrive, the door, window, or other points of entry should be kept under close observation.

  1. Smash and Grabs

This colourful description refers to the situation where someone smashes a display window in a store or business, reaches inside, and grabs merchandise on display. When a Security Guard finds a display window smashed open, he or she should look from the outside (without touching anything if possible) to see if there is any missing merchandise or evidence that the premises have been entered. Evidence of missing merchandise might include an empty display case, or an outline in the dust of something that has been removed. Evidence that a perpetrator has entered the premises might include a larger hole in the window or door that might permit entry, items knocked from the display case into the store, footprints inside the display case or inside the store, or additional damage to the contents of the premises itself.

In any event, police should be contacted at once. It is your job to report and their job to enforce the law.

NIGHT PATROLS

You must take special care when you are patrolling at night. Here are some specific things to remember:

  1. Use your flashlight effectively – Turn off your flashlight when it is not needed. If you must leave it on while walking, carry it in front of you at arm’s length away from your body. In this way, if someone attacks you in the area of the light they will not hit your body. Get in the habit of not holding your flashlight in the hand that you write with so you can use your dominant hand to operate your radio or do other things.
  1. Use caution with windows and glass doors – Try not to pass directly in front of them. At night your body will be visible as a silhouette. Don’t be a target. If you must pass, walk by quickly. Don’t approach a dark window or door and look inside. Shine your flashlight before approaching and stand to one side when observing.
  2. Be careful entering a dark room – You should not just walk into a dark room, especially if you are investigating something suspicious. Open the door first by pushing it all the way open (someone could be behind the door) and shine your flashlight around the whole room before your enter. Identify yourself as security and listen for sounds. If you get a bad feeling or something doesn’t look right, do not enter without back up. Call for back up and then stand back and observe until back up arrives.
  3. Know when to be seen and when to be heard – It is important for you to use good judgment and common sense when you patrol at night. At many sites you will want to patrol quietly and walk in the shadows close to buildings. If you are patrolling in a vehicle, minimize any noise from your engine, brakes and tires, and don’t slam doors.

Generally, you do not want to set yourself up to be a target by being overly noisy and announcing your presence. If you see anything suspicious happening, you can stay out of sight, make your observations, and report the activity.

If you are patrolling alone in an area where you feel uneasy, you may want to make some sound, such as humming or jingling keys. This will let employees know that you are around. You would also not want to surprise one or more criminals in an act, especially if you are blocking their escape route. Making some noise will alert criminals to your presence and deter them from continuing with the crime. It will give them the option of fleeing without harm to you. You can then record any information you have about the events and suspects, and use it to help the police.

WHAT SHOULD I DO IF I SUSPECT THAT A CRIME HAS BEEN COMMITTED?

Get help. Call the police. It is your job to report and their job to enforce the law. Notify your dispatcher and use other guards for back up whenever possible. If no other guards are available as back-up, you should wait for the police whenever possible. In some situations you may need to help someone before the police arrive. An example of this is giving someone first aid.

5.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Describe the importance and legal implications of maintaining an accurate and complete notebook
2. Describe the correct use of a notebook
3. Maintain an accurate and complete notebook
4. Obtain and record an accurate and complete statement
5. Prepare accurate and complete written reports
6. Preserve and protect evidence and a potential crime scene
7. Prepare for the process of giving testimony in court

5.2 NOTE TAKING AND REPORTS

Security Guards are required to complete written reports of occurrences, duties performed, and comprehensive descriptions of their tasks/observances. These reports are often for different audiences. It is imperative that reports are written in a clear, standardized format to ensure information is conveyed accurately and without bias.

 

Taking Notes

The goal of good note taking is to allow the writer to record a concise, accurate account of daily occurrences in their notebooks. This lesson introduces security guards to the importance of their notebooks and how it can become an integral part of their equipment.

To a Security Guard a notebook is much like the plumber’s wrench or the carpenter’s hammer. During the course of his or her duties, a Security Guard will be called upon to deal with many different situations and persons. Since a great deal of accuracy is required in reporting and in testimony at trial, a notebook becomes an invaluable tool when used properly.

 

There are a number of purposes in keeping a notebook, most notably:

To aid you in recalling details, and providing accurate testimony.

A notebook is first and foremost an aid to giving accurate testimony. There is a considerable amount of information gathered during the course of an investigation, such as the names and addresses of witnesses, descriptions of things, measurements that are taken, locations of key events, and so on. If these types of things are not taken down and recorded as soon as possible, they may never be accurately and completely remembered.

Furthermore, the passage of time will erode your memory of the event. The lapse in time between the event and the trial is usually at least five or six months. If you do not record the information properly, critical details may be forgotten. Without proper notes you will end up answering questions with “I don’t know”, “I don’t remember” and “I’m not sure”.

Remember, a judge and a jury are not likely to be impressed by someone who stumbles through a vaguely remembered incident. Your credibility is at stake. Take the time to write down the basics – the “who, what, where, when, why and how.”

Finally, things that may not seem terribly relevant at the time may become very important at a later date. You may get lucky and write down some of these facts. Or, a detailed series of notes may be used to refresh your memory and may prompt the intimate details of the incident you are trying to recall.

As a reflection of your work and ability.

People reviewing your materials will be making judgments on your abilities on the basis of your notebook and reports. Remember, a good notebook reflects favourably on the author and adds to his or her credibility. A poorly recorded incident may result in the conclusion that the work behind it was sloppy as well. An efficient, neat, and well-organized notebook reflects your organizational skills and abilities. The relevancy of the material in your notebook shows the knowledge of the law and the offences you are dealing with. The quality of your notes reflects the amount of effort that you put into your work.

As a basis for writing a report.

A well organized notebook will allow you to accurately portray the chain of events that took place for the police, your supervisor, or the client. Writing notes will help you organize and prioritize the information.

As an investigative aid.

The act of note taking may help you organize the material you have accumulated. Going over the facts and placing them in chronological order may assist you in putting the entire puzzle together. Furthermore, the people that you deal with today may become part of an investigation tomorrow. Repeat offenders and old incidents may become relevant in future files. Facts long forgotten may turn into clues that help you deal with other matters. The ability to reflect back and provide accurate information from your previous notes, then incorporate this into current investigations is crucial.

What to write in your notebook:

Generally speaking, you should start with identifying material such as your name and address. Since you will eventually fill a series of notebooks, include the date the book was started and finished, together with the number of the book. You should use only one notebook at a time.

Security Guards who keep one notebook for rough notes and another for good ones not only have been subject to criticism by the courts, but also risk having the charges against an accused dismissed, when evidence that appears in one but not in the other is discovered during cross-examination. The court may get the impression that the evidence has been cleaned up or manipulated by the note taker. The same conclusion may be reached if entries are made in pencil and erased and written over. Make the entries in ink and remove any possible argument that the notes have been changed.

Keep your notes in chronological order. If a mistake is made in an entry, draw a single line through it, initial it, and rewrite the entry on the next line in the notebook. Do not leave blank spaces, lines or pages in your notebook. If this happens, draw a line through the space and initial and date it. Do not tear out sections or pages from the notebook. Make sure the entries are legible and do not use abbreviations or shorthand unless you also include a full description the first time the abbreviation is used. Remember, the goal is for someone else looking at your notebook to understand exactly what the notes mean.

Keep control of your notebook. Over time, it will contain many things that should be treated as confidential – descriptions of events, telephone numbers, addresses, and so on. At worst, this information may fall into the wrong hands. And in the best case scenario, if you only lose it, it will be as if the notes you will come to rely on were never written.

Start each day with a fresh heading, recording the time and date you are working, weather conditions, location of the job site, and so on. These details may help you to recall your memories of the event that took place.

Following these entries, you should detail events that took place during that day. Things you may want to keep track of include:

  • The time the call is received, the event viewed, or the complaint made;
  • The nature of the incident;
  • Factual information, such as names and addresses;
  • Any diagrams required (a picture is often worth a thousand words);
  • Evidence found:
    • By whom;
    • Where;
    • At what time;
    • How it has been labelled;
    • Disposition;
  • Statements or summaries of statements of victims (statements by suspects or accused persons must be recorded verbatim);
  • Names of the parties involved, including aliases and nicknames, if appropriate, and if possible, addresses, telephone numbers, and dates of birth;
  • Descriptions of individuals (clothing, age, height, weight, sex, colour of hair and eyes, ears, nose, scars, tattoos or other distinguishing characteristics);
  • Description of property (serial number, size, damage, colour, make, or other identifying features);
  • Description of the scene (including diagrams and measurements as appropriate);
  • Weather conditions.

 

Do not use profanity in your notebook, unless it is part of a witness statement or statement from the accused. Quotation marks should be placed around the exact words that were used. Make sure that you keep your notes and observations as objective as you can.

Unless your opinion is relevant, place only facts in your notebook. Avoid writing your opinions down; chances are, you will likely recall these when you review the observations you have recorded. For example:

Opinion:

The accused was drunk.

Observations:

The individual staggered down the street, and when I approached within about three feet I could smell a strong odour of liquor on him. His eyes were glassy and bloodshot, and when I spoke with him his speech was heavily slurred. I asked “…

Statements

A Security Guard may on occasion be required to take a statement to secure the information provided by a witness. The key purpose of taking a statement is to ensure an accurate record of the recollection of an event or occurrence by the witness. A statement should be taken freely with no threat or promise made to the witness.

Statement protocols vary from company to company. General good practice is for statements to include the following:

  • Full name of the witness, date of birth, identification.
  • Employment of the witness and contact information.
  • Address of the witness, location of statement.
  • Date of interview.
  • Time commenced and concluded.
  • Name of Security Guard and company who took the statement.
  • An introduction paragraph including day’s events and observations.
  • Verbatim (word for word) transcription of the witness’s recollection of the events.
  • Closing paragraph that ends the statement.

 

For example, the closing statement can read:

“I, (witness name), have read the above six-page statement and find it to be accurate to the best of my recollection. I have been advised that I could omit, delete or change any part of the statement prior to signing it.”

As this example indicates, the Security Guard should give the witness the opportunity to review the statement and ask for changes to be made before they agree to sign it. If a change is requested, a line should be drawn through the item being removed, with the initials of both the witness and the Security Guard at the beginning of the correction and the end.

The key to writing good notes is to record as many details as possible.

This is why it is important to make your notes right after you observe something, before you start forgetting the details. Record information received with all your senses, not just what you see. If you hear or smell something unusual, it could be important later on. It is better that you write too much instead of too little, as some information may end up being more important than you realize. For example, someone may try to distract you by telling you that there is a problem in the parking lot, meanwhile a robbery is taking place inside the building. If you have a clear description of the person who told you about the problem in the parking lot, it may be helpful during an investigation.

If you observe an incident that you know you will need to write a report about, make sure your notes include the answers to these important questions: Who, What, Where, When, Why, How, and Action taken.

The 24-hour clock

With a regular 12-hour clock there are two times in the day for every number, such as six o’clock in the morning and six o’clock in the evening. This can be very confusing.

The 24-hour clock is much clearer, as there is only one time in the day for each number. Six o’clock in the morning is 0600 hours and six o’clock in the evening is 1800 hours. The 24-hour clock is used by many people in many places when the exact time is very important. It is used in airports and train and bus stations. It is also used by the military, the police, and the security industry. You will need to write your notes and reports using the 24-hour clock. You will also use the 24-hour clock if you have to testify in court.

Note: Midnight is also sometimes referred to as 0000

TO CHANGE FROM 12-HOUR CLOCK TIME TO 24-HOUR CLOCK TIME

In the 24-hour clock system we give the number of hours since the beginning of the day for the first two digits, and the number of minutes since the beginning of the hour for the last two digits.

EXAMPLE

Think about 4:30 in the afternoon. You have 12 hours in the morning + 4 hours in the afternoon, which makes 16 hours since the beginning of the day. There are 30 minutes since the beginning of the hour, so the 24-hour clock time is 1630.

Note: The 24-hour clock time always has exactly four digits with no breaks between the digits.

12-hour 24-hour clock time clock time

3:06 a.m. 3 hours since beginning of day, so time is 0306

12:05 p.m. 12 hours since beginning of day, so time is 1205

5:00 p.m. 17 hours (12 +5) since beginning of day, so time is 1700

8:14 p.m. 20 hours (12+8) since beginning of day, so time is 2014

12:59 a.m. 0 hours since the beginning of day, so time is 0059

TO CHANGE FROM 24-HOUR CLOCK TIME TO 12-HOUR CLOCK TIME

The times between one in the morning and one in the afternoon are not difficult to change. The numbers stay the same, and you just have to add a.m. or p.m. For example, 0312 is 3:12 a.m. and 1259 is 12:59 p.m. From one in the afternoon until midnight we must take 12 from the first two digits and add p.m. For example, 1432 is 2:32 p.m.

 

Introduction to Reports

For many Security Guards, report writing is difficult, time consuming, and in general, not very important. To most investigators, report writing is the most boring part of an investigation. It seems that in general, for a few short minutes of excitement, a guard may have to literally spend hours preparing paperwork. This lack of appreciation for what will probably turn into the most important support for a Security Guard’s conduct is alarming.

In the course of a Security Guard’s duties, he or she will encounter literally thousands of occasions which will require the passage of factual information to persons who were not present at the actual event that the Security Guard witnessed. These persons may include: co-workers, superiors, subordinates, police, insurance companies, private investigators, clients of the firm, the media, defence lawyers, the crown prosecutor, and the court.

A Security Guard must be able to take the observations he or she has made at the time and accurately record them in a clear, concise and logical manner.

Reports are a means by which detailed facts of the events are recorded so that others may learn what has occurred. When complete, a report must be able to paint a complete picture of the events that occurred in the mind of the reader.

Remember, a good report reflects favourably upon the investigator and adds to his or her credibility. A poorly recorded report may result in the conclusion that the work behind it was sloppy as well.

 

REPORTS

In general, there are two categories of reports that a Security Guard will complete.

Administrative, or “Routine” Reports

These are the reports that are required by the general paper-flow through the office on any given working day. For example, these reports could include: a requisition for equipment, a visitor’s register, a temporary pass registry, a time card indicating hours worked, requests for vacation leave, requests for training, budgets, and so on. Typically, these reports are based on a series of company generated documents with tick boxes and similar tools available on the forms to assist the individual in completing the document.

Operational, or “Incident” Reports

These reports may describe those things that your supervisor or the client wants a description of, or they may describe the occurrence of a non-typical event, that is, some unusual incident that has drawn attention to itself during the execution of the daily duties of the Security Guard. Examples of things that may generate reports may include criminal offences such as damage to property, robbery, theft, or assault, a fire, or some other activity, or the daily activities of strikers on a picket line.

Some of these reports, such as those outlining the events surrounding a shoplifting incident, for example, will be passed on to the Crown for use at trial. Others may be provided to an insurance company in the event of a claim. Regardless of the use of the report, it must contain a clear and accurate description of what transpired.

The purpose of an operational report is threefold:

  • To become an official record of what happened;
  • To record the occurrence for the writer’s future reference; and
  • To pass the facts of an occurrence on to others for a variety of uses.

Your report may form part of the official record of what happened during the incident. For example, if several complaints about a dangerous situation are made to the Security Guard on duty at a site, and someone is hurt because nothing is done to remedy the situation, the Security Guard’s report may become an essential exhibit in an insurance claim or civil trial for liability.

Records are important for another reason. The lag time between the commission of an offence and a trial is often a long one. Our memories of a specific event may grow cloudy over this long time period. A good report may well assist you to recall exactly what happened at the time of the offence in preparation for trial.

ESSENTIAL INGREDIENTS OF SOUND OPERATIONAL REPORTING:

Good report writing requires attention to detail, an understanding of the reasons why a report is required and the audience of the report. A good report will be planned out in advance, will be factually correct and describe accurately the order of events that took place in clear and concise language.

Reports must be:

Organized: Get organized before writing the report. Gather the facts first. Record the facts in your notebook at the time of the incident or as soon thereafter as possible. Organize your thoughts by figuring out how to best address the situation and present a clear picture of what happened to the reader. Then draft the report. Remember, facts should be presented in chronological order.

Clear: Keep the sentences, the paragraphs, and the report short and to the point. Present a clear picture of what happened but avoid wordiness.

Legible: If the report is handwritten, make sure that it can be easily read by others. If you have poor penmanship, please print the report.

Complete: Cover off all possible relevant questions (who, what, where, when, why, and how).

Accurate: All facts in the report must be accurate. Do not assume anything and do not add anything that you do not know happened.

Proofread: Reread the report to make sure everything is there. Better yet, once you have reread the report, have a co-worker go over the document to make sure that everything makes sense.

Reports have essential ingredients. To be effective, they should include the five ‘W’s’ and ‘how’. While some of the questions may not have answers at the time the report is drafted, a thorough report will try to answer as many questions as possible.

Remember, your goal is to paint a clear picture of what transpired for the person reading or hearing the report. Try to imagine hearing someone else telling you about a movie they have seen. If key messages are missing, the picture you have in your mind of the movie would be incomplete. A person who relies on your report to explain what has happened is trying to do the same thing. Make sure these basics are covered in your report.

  1. WHO?
  • Who was involved?
  • Who was the complainant?
  • Who witnessed the event?
  • Who was the accused/suspect?

 

The “who” of the report describes anyone involved in the event. It can include: a victim; the person making a complaint, or asking that something be done, or stating that something was observed; who initiated the event; who reacted to the event; who owned property affected by the event; and so on.

  1. WHAT?
  • What actually happened?
  • What evidence is available?

 

This portion will likely provide the majority of the substance of a good report. It can include: a description of the events that occurred; what actions were taken by the people involved (including the Security Guard); what evidence is available (not only the physical evidence, but also what witnesses will state), and what was done with the evidence.

  1. WHEN?
  • When did the event occur?

 

The time and date are essential parts of the report. The events should be laid out in sequential order. Record things such as: when you last observed the area prior to the occurrence; when the event began; when it ended; when you had contact with a witness; and when police, the fire department, or the ambulance arrived.

  1. WHERE?
  • Where did the event occur? Describe the environment and where you and the other individuals were at the time.

 

This area of the report states the location of the incident; where the witnesses were located; where the evidence was discovered; where the accused was found, and so on.

  1. WHY?
  • Why did what happened, happen? What motive was there for the incident? Why did this particular series of events occur?

 

Many of these questions can be determined by investigation at the scene. Some questions may remain unanswered even after a thorough investigation.

  1. HOW?
  • How did this event come to your attention?
  • How did the event take place?
  • How did the accused act?
  • How did the witnesses act?
  • How was the evidence recovered?
  • How was the suspect/accused arrested?

 

This portion describes how the incident took place and what action was done in response.

  1. ACTION TAKEN
  • What action was taken in response to this observation?
  • What did Security do?

FORMAT

Reports should be written in a consistent manner to guarantee that a reliable product is produced. The consumers or end-users of the reports (note the earlier examples such as Crown prosecutors, insurance companies, and so on) should be able to find the same elements in all of the security reports they encounter. Consumers of the reports will have an easier time extracting the essential information in the reports. Before a report is written, the Security Guard should take the time to organize the main points contained in the report, including the questions that should be answered that will best allow his or her audience to understand the situation.

 

Report writing styles vary. Your employer should specify the style of report writing that you should use.

  • Write reports in the past tense:
    • I noted…;
    • I observed…;
    • The accused selected…;
  • Date the report with the incident date, not the investigation date;
  • Use the legal address: 1909 Rose Street – not Heritage Mall;
  • Make sure that you use in your report the actual legal business name. This may require checking the business licence;
  • Names should be printed (not written) with the surname (the last name) first, in capital letters, followed by a comma and the first name. The first letter of the first name should be capitalized. A slash is used between the first and second names;
  • Make sure that if the accused has no identification, he or she spells out his or her name. The names in your notes and report should be the actual name, not a nickname or shortened version of the full name (for example, “Bill” is often used in place of “William”, which is likely the legal name of the person). Write in your report any aliases or nicknames the person may have.

6.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1.) Describe best practices for personal safety while on duty in the areas of
a. Communication
b. Duties
c. Emergency response

2.) Identify potential hazards at security sites and venues

3.) Discuss strategies for dealing with the effects of shift work on
a. Health
b. Personal fitness
c. Sleep
d. Social life

6.2 OHS – OCCUPATIONAL HEALTH AND SAFETY ACT

Though you are not required to memorize the OHSA for examination purposes, you should be familiar with its main ideas. Here is the link to the Act:

https://www.ontario.ca/laws/statute/90o01

 

The purpose of the Occupational Health and Safety Act is to ensure that all persons are safe from the potential health and safety hazards, long-term and short-term, resulting from the presence of or improper handling and storage of certain materials, equipment and chemicals, in a given workplace. Upon recognizing a dangerous situation, a guard’s first response should be to ensure that he or she is safe from harm, and must then report the situation to those qualified and licensed, where required. In all cases, any situations which are observed to be in contravention to any site rules and regulations must be immediately and thoroughly documented.

7.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Identify emergency alarm calls and the required follow-up responses.

2. Identify any required assistance upon responding to an emergency alarm.

3. Describe precautions for maintaining the safety of self and others at the scene of an emergency.

4. Monitor emergency scene for status changes and advise additional resources as required.

 

Security Guards are expected to respond to emergency situations and to minimize the impact caused at a work site. They may be required to perform a variety of duties during emergency procedures and must understand the importance of scene management. Many of those around you not only depend on you to protect them and their property during fire emergencies, police emergencies, and medical emergencies, but also look to you as an example to follow.

A Security Guard must never risk their own safety, as you could severely injure yourself when venturing into unsafe areas and situations, often times endangering others in the process. You must never risk the safety of others when responding to emergencies. During emergencies, the safety of people, not property, is top priority.

7.2 FIRE SAFETY

“Security Guards are expected to react to the unexpected, to minimize the negative impact caused by emergency situations occurring at the work site. They may be called upon to perform a myriad of duties throughout disaster or emergency operations. Security Guards in the regular performance of their duties encounter situations requiring identification and elimination of fire hazards. At times, the Security Guard is required to take a leadership role in fire emergencies. The session will stress the organization’s processes and the Security Guard’s responsibilities in relation to those processes, will help candidates to understand the causes of various types of fires and the basic tenants of prevention and safety to better protect the people and property associated with their assignment.”

Canadian General Standards Board Standard 13.310-99 Section A9

 

Security Guards may encounter emergency situations at a worksite. They will need to accurately identify the risk factors associated with fire threats, bomb threats, weapon emergencies, suspicious packages, and explosive devices and learn how to respond appropriately.

 

Fire Safety

Why are fires so dangerous?

If you have never been in a fire situation, it is hard to imagine what it is like. The fires you see in movies are nothing like the real thing. There is a lot more smoke involved in real fires. More people die from breathing smoke than from getting burned. Smoke moves far ahead of flames and it can fill a building in minutes. Smoke is black, so it takes away your valuable sense of sight. It causes your eyes to tear and it burns your lungs. Smoke disables before it kills. It does not contain the oxygen that you need to breathe. This means that your brain does not work properly when you are inhaling smoke. Because of this your muscle control, coordination, judgement and reasoning ability are all affected. It is very easy to become disoriented and lose consciousness in smoke.

When something burns, it releases transparent gases. These gases are lighter than air, so they move very rapidly throughout a building. They are also toxic, so they can kill quickly.

When a fire burns in a room, it builds up heat and it can instantly flash over into another room or space. This ball of fire will shoot into any areas that are available. For example, in a high rise, fire can travel sideways from room to room, up elevators, vent shafts, and stairwells if the doors have not been closed.

Fires are fast and deadly. When you are in a fire situation, you won’t have time to think about how to handle it. This is why you must study your site’s fire safety and emergency procedure plans before a fire happens. Know the plan and your role in it very well.

Security Guards will often be the first to detect a fire or arrive on the scene of a fire at the site they are guarding. As the individual who first responds to the emergency, it is important that a Security Guard understand the chemistry of fire, what classes or types of fires there are, and basic fire control and extinguishing methods.

Prevention and detection of fires

Security is hired because the client wishes to protect persons, property and information that may be subject to injury or damage by an unseen event such as a fire. A building worth millions of dollars may be leveled by fire. Loss of life may also occur if a fire is not dealt with quickly and appropriately. The detection and prevention of fires is an essential part of the duties of a Security Guard.

Whether on patrol or operating a fixed point, a Security Guard should be constantly on the lookout for fire hazards. Watching for the common things that are likely to generate a fire, for example, electrical equipment that produces heat or sparks when it shouldn’t; combustibles placed near sources of heat; or routinely scanning for evidence that a fire has already started, alarms that have been activated or smoke and heat in places where they shouldn’t be found, will assist the Security Guard in the performance of his or her duties.

These observations should also be extended to include an examination of the entire job site for particularly dangerous situations should a fire or an explosion take place. Knowledge of potential dangers or problems located on escape routes to be used by people fleeing a building would be particularly useful. Examples of information that may become invaluable during such an emergency might include stairwells or emergency evacuation routes that are blocked or allow only restricted access.

The Security Guard who is able to provide firefighters advice on the easiest way to access the scene of a fire may drastically shorten the time required for these professionals to find and deal with the fire.

Having said how beneficial a Security Guard can be in a crisis, it must also be stressed that it is up to the individual to determine the appropriate reaction to the situation. Before a guard begins to work on a new job site, his or her supervisor, should discuss possible actions that a guard may be expected to take during a crisis.

It is expected that, at most work sites, security will conduct routine inspections to detect, identify and mitigate fire hazards such as a cursory examination of fire suppression systems, accumulations of combustible materials in the vicinity of potential sources of ignition, and things that may impede or prevent access to escape routes. Security personnel should take notice of, and react appropriately to, the presence of ignition sources, flammables, and combustibles.

What is an appropriate reaction? This will vary from site to site. For example, at a fireworks factory, it would be of little benefit to report the presence of gunpowder. However, if something appeared to be unusual or dangerous, the guard should probably take some steps to bring the situation to someone’s attention.

Things that might be considered unusual might include storage of flammables or explosives next to a source of great heat such as a furnace. It might also include the presence of boxes or some other obstruction blocking access to fire doors on an escape route. Whether the person advised is his or her supervisor or someone with responsibility at the site will be determined by the policies that have been set. This is why it is important that the security company discuss with their staff how these types of issues will be dealt with in advance.

Some basic things to watch for:

  • Explosives or flammables should not be stored near potential sources of ignition;
  • Corridors, particularly those that are likely to be used in an emergency evacuation, should always remain free of obstructions or impediments, and combustible or flammable materials should not be stored there;
  • Exit doors, including the floor area on both sides of the exit door, should be kept clear and accessible at all times;
  • Damage or deterioration of fire suppressors should be reported;
  • Fire alarm systems should appear to be operative.

 

As a Security Guard, you are not responsible for storing and looking after materials and equipment. However, you are responsible for reporting fire and safety hazards. It is very important for you to be aware of “hot spots” at your site and to use all of your senses to detect problems. A good time to look for these problems is when you are on patrol. Here are some additional things to look for:

 

Poor housekeeping

Sometimes things are not properly put away, lying around or put in the wrong place. Watch for the following:

  • Flammable materials, such as gasoline, that are not stored in approved air tight containers;
  • Combustibles, such as cardboard boxes and paper stored too closely to heat sources, such as furnaces, motors, stoves, space heaters or boilers;
  • Oily rags or greasy uniforms that are left near motors;
  • Litter and dust around machinery;
  • Blocked garbage or laundry chutes;
  • Vapours escaping from flammable materials such as alcohol, gas, acetone, naphtha, ether, paint

Poor maintenance

Sometimes things are not kept in good repair or are not properly made. Pay close attention to the following:

  • Chimneys and flues that are blocked or poorly constructed;
  • Electrical wiring that has worn ;
  • Wires installed for temporary use which are below standard;
  • Fuses or circuit breakers that are not properly maintained;
  • Oil stoves, heaters, furnaces or boilers with defective burners and / or improper fuel adjustments;
  • Damaged electrical equipment;
  • Heating ducts and / or pipes that are in contact with combustible material;

Improper use

Sometimes things are used carelessly or not according to the manufacturer’s guidelines. Look for the following:

  • Smoking materials not properly thrown away;
  • Overloaded electrical outlets or power bars;
  • Electrical, heating or cooking equipment left on after working hours. Some examples are coffee makers, hot plates, irons, fans, soldering guns, holiday lights.

Before turning off any equipment, make sure that you are allowed to do so;

  • Holiday decorations or displays in an unsafe location;
  • Sparks from equipment such as welding torches falling on burnable material;
  • Overheated equipment, wiring, electrical outlets, fuse boxes, motors – this could also be a result of poor maintenance;
  • Light bulbs that are too powerful;
  • Breakers taped to on position;
  • Circuit breakers that are blocked or tied so that they don’t work;
  • Overuse of extension cords.

If you unplug something or move something, always leave a note and record it in your notebook and reports.

 

Arson

Arson happens when someone starts a fire on purpose. It is important for Security Guards to be on the lookout for this. Prevention is the key to dealing with arson. Think about what you would look for if you wanted to burn the building down, and then try to make sure these conditions do not exist. Do thorough patrols to make sure that there are no obvious ways for someone to break into your site and start a fire. Make sure that there is nothing lying around either inside or outside your site that can be easily ignited. Make sure all trash cans get emptied every night. When you are on patrol, check to make sure that there are no tree limbs under the building eaves. If suspicious people are hanging around on the site you are guarding, approach them with caution, and try to find out their purpose for being there. If a fire has started and you suspect arson, take special care that nothing is touched, so that all evidence is preserved.

Spontaneous combustion

Another cause of fires is spontaneous combustion. Chemical changes can take place in some materials. Over time, enough heat can build up inside to make them burst into flames. Heat from an outside source is not needed. Oily rags, flammable liquids, floor oils, hay, grain, charcoal, soft coal, and foam rubber can all start on fire if not properly stored.

Storage of volatile substances will not likely be your responsibility, but you have a right to know about the hazardous substances on your site. Know the WHMIS (Workplace Hazardous Materials Information System) symbols and read the WHMIS labels on materials at your site.

If a guard discovers the presence of an unplanned fire, he or she should normally activate any alarm system present (if one is available and operative) and should either contact the fire department directly or have someone else at the site do it. Security may be able to assist in the suppression of the fire and the evacuation of the premises if possible in the circumstances and if site emergency policy requires it.

Once emergency personnel attend to the scene, he or she should be prepared to provide any necessary advice and direction. Normally, a Security Guard who works in and is responsible for the area will know the best ways for the emergency personnel to navigate around the site.

A Security Guard who has kept his ears and eyes open will also likely know the location of hazardous goods, impediments to safe passage, evacuation routes, and possibly where people might be trapped. This information can be invaluable to the emergency personnel arriving at the scene, allowing them to avoid danger zones and to deal with the fire or injured people in the most expedient manner possible. Security may also be able to assist by directing vehicular and pedestrian traffic on the site.

Of course, the Security Guard should consider the appropriateness of these types of actions in light of factors such as the potential risk to life and the policy and instructions of his or her employer and the owner of the site.

 

The chemistry of fire

The Concise Oxford Dictionary defines combustion as:

  1. Burning.
  2. Chem. the development of light and heat from the chemical combination of a substance with oxygen.

 

Fire is simply a chemical reaction, between one substance (defined as a fuel and includes things such as paper or wood, gasoline, or certain metals like sodium and magnesium) and oxygen, which is of such intensity that light and heat are produced.

Oxygen and fuel can exist in the same environment without spontaneous combustion occurring. For example, the wood you cut for a campfire does not automatically ignite itself after you split it with an axe. Oxygen and fuel cannot react to each other with sufficient intensity to start a fire without the assistance of some initial source of energy to get these substances over the “activation” barrier. “Once the reaction [is initiated], the energy released [by the fire] continues to supply this activation energy. This is why most fires continue to burn as long as fuel and oxygen are available”. This activating energy is usually the heat generated from a spark or a flame. When dealing with a fuel with a low flash point such as rags soaked in paint and solvent, the activating energy might be something as simple as the sun’s rays.

For a fire to exist, fuel, oxygen, and a catalyst – heat – must be present, and continue to be available. (See Figure 1.1). Without the presence of all of these essential elements, a fire cannot start, or, once begun, cannot continue to burn. The efforts of fire suppression devices are oriented at the reduction or elimination of one or more of these elements.

Figure 1.1: fire element triangle

Fuel

Whether in solid, liquid, or gaseous form, fuel is a necessary ingredient in the production of fire. Fuel goes through change as it is heated to the point of ignition. Fuels that are solids or liquids at normal room temperatures are essentially converted to a gaseous state, immediately prior to combustion, from the heat released from a catalyst, the “activation” source described above. For example, at room temperature a candle is in a solid state. When the wick is lit, the heat from the ignition source (perhaps a match or lighter) liquefies some of the nearby wax. This liquid wax is drawn up the wick towards the flame. The heat from the flame is so intense that the wax turns into a gas immediately prior to encountering it and ignites upon contact with the flame. This ignition releases more heat, which then melts more wax, continuing the process.

The ignition point of a substance is commonly referred to as a flash point. The Macmillan Encyclopedia of Chemistry states:

“The flash point is that temperature at which enough vapour is generated to form an ignitable mixture with air.”

Some fuels have lower flash points than others do. For example, gasoline has a lower flash point (40°F) than kerosene (138°F). Atmospheric pressure also impacts significantly on the flash point of a substance.

Oxygen

A fire cannot start, or if started, cannot continue without oxygen. Unfortunately, in most fires there is an abundance of oxygen. The air we breathe and thus, the air that a fire has access to naturally contains about 21 percent oxygen. The factor that limits fire growth and duration is almost always the amount of fuel available.

Carbon dioxide fire extinguishers attempt to interrupt the chemical reaction of fire by introducing this inert gas to the environment preventing atmospheric oxygen from coming into contact with the fuel.

Dry chemical extinguishers attempt to do the same thing by placing a non-reactive powder between the fuel and the oxygen effectively smothering the fire.

Caution should be exercised before concluding that a fire has been smothered because of a lack of oxygen in the environment:

If a room in a house is somewhat sealed so that the oxygen in a room becomes limited… the fire does not continue to burn as the oxygen is depleted. Instead, the fire burns actively only until the oxygen level drops from the usual level of about 21 percent to about 15 percent. At this point, despite the reduction in the presence of oxygen, the fire smoulders without flame.

Firefighters and anyone else involved in fire safety must be alerted to this condition because inadvertently opening a door or window will admit fresh oxygen and cause a dangerous backdraft explosion.

 

Heat

The source of ignition of a fire is some source of heat, which acts as a catalyst and initiates the chemical reaction between oxygen and some secondary substance (fuel). When you observe a flame, what you are actually witnessing is a highly exothermic chemical reaction. This is a type of chemical reaction that releases a great deal of energy in a short period of time, mostly in the form of heat (but also producing light).

Heat is the transfer of energy from a substance to the surrounding atoms causing them to vibrate and to move faster. Since fires release so much energy, much of it is transferred to the surrounding atoms and molecules as heat. Once the chemical reaction of fire begins, and until the fire is deprived, naturally or unnaturally of one or more of the essential elements (fuel, oxygen, or heat), it will self-sustain and continue to burn.

Heat reduction – slowing down the molecules and atoms below the point of ignition – is one method of suppressing a fire. Water is commonly used to reduce heat. When sprayed on a fire, water molecules adhere to the fuel source and absorb some of the heat energy radiating from the portion that is already burning.

If enough water is applied to a fire, its temperature will be reduced below the ignition point of the fuel, and the chemical reaction between the oxygen and the fuel will cease. However, water has a low boiling point. This means that it is converted from a liquid form to a gaseous form at a relatively low temperature. If an insufficient amount of water is applied to a large fire, the water will absorb all of the heat that it can and evaporate.

However, because the entire fire has not been extinguished, the lost heat will soon be replenished by the continuing chemical reaction between oxygen and the fuel source that was not affected by the cooling water.

 

Categories of fire:

Fires are universally classified by using the following categories (see also Figure 1.2, Fire Classification Symbols):

Class A: Ordinary solid combustibles, such as wood, paper, cloth, plastic, charcoal, and so on.

Class B: Flammable liquids and gases, such as gasoline, propane, diesel fuel, tar, cooking oil, and similar substances.

Class C: Electrical equipment such as appliances, wiring, breaker panels and so on. These categories of fires become Class A, B, and D fires when the electrical equipment that initiated the fire is no longer receiving electricity.

Class D: Combustible metals such as magnesium, titanium, and sodium. These fires burn at extremely high temperatures and require special suppression agents.

The classification of fire that a specific extinguisher is designed to suppress is indicated on the extinguisher itself. The symbols indicated in Figure 1.2 are often the only indication of the classification, so an individual attempting to use the extinguisher must understand the classifications that the symbols represent.

The categorization of fire provides assistance in the general understanding of the nature of a particular fire and in determining the best course for the suppression of that fire. However, it is important to realize that the heat generated by the combustion of one fuel may cause other substances to ignite, increasing the difficulty of extinguishing the fire. For example, suppose some electrical wires short out in an older wooden building. The sparks from the electrical wires cause some paper on the floor to catch on fire which causes the wooden walls to ignite. The tar on the roof melts in the excessive heat, and this gooey mess catches fire as well. In this example, several classifications of fires coexist. Firefighters would be hard pressed to develop a single strategy to deal with the blaze, as they may not even know all of the types of fire until they arrive at the scene and review the situation. This is why it is recommended that an untrained person attempting to deal with a fire exercise extreme caution.

 

figure 1.2: fire classification symbol

Types of fire extinguishers

Fire suppression works by eliminating one or more sides of the fire element triangle (Figure 1.1), preventing the chemical reaction between oxygen and fuel. No single suppression substance has been developed to deal with all four classes of fire.

Water

Water is used to reduce the temperature of a combustible substance. When heated into gaseous form (steam) by the energy it absorbs, the water will also be dispersed into the atmosphere surrounding the fire. This may have the secondary effect of diluting the amount of oxygen available, providing the fire is in a relatively small, contained area. Water is normally reserved for use on Class A fires. If used on Class B fires, it may spread the flames around. It is never used on Class C fires because water conducts electricity and poses substantial risk of electrical shock to the person attempting to extinguish a Class C fire. Class D fires are unlikely to be effected by water because of the extreme heat generated by these fires.

 

Firefighters often spray other potential sources of fuel (neighbouring houses, walls that have not yet caught on fire, and so on) that are subject to radiating heat from the fuel that is already burning. The water on the additional fuel source will absorb the heat and must be evaporated before the secondary fuel catches fire as well.

Carbon dioxide

Carbon dioxide (CO2) is an inert gas that is ejected under pressure from an extinguisher and is used to blanket a fire so that atmospheric oxygen is prevented from contacting the fuel source. Normally, carbon dioxide extinguishers are used on Class B fires. If CO2 is used on a flammable liquid fire, when it dissipates, the liquid will not automatically re-ignite as flammable liquids are usually not hot enough to re-achieve activation after the flames have been put out.

On the other hand, a CO2 extinguisher may not be effective on a Class A fire because the temperature of the fuel, even without the flames, will likely be sufficient to re-ignite once the CO2 has dispersed.

Carbon dioxide is also very cold. Caution should be exercised in using this substance for this reason. Frostbite may result if bare skin is contacted. Carbon dioxide should also be used cautiously in contained areas as it tends to displace oxygen, which the person fighting the fire also requires.

Halon gas

This heavier-than-air compressed gas is used to suppress Class A, B, and C fires. Halon offers both the cooling effects of water and adds the smothering effects of carbon dioxide. Its primary effect is to interrupt the reaction between oxygen and fuel. Halon leaves virtually no residue after use making it especially useful in suppressing fires where damage from suppressant use and cleanup of residue would be very costly. Again, like CO2 suppressors, Halon tends to displace oxygen and in contained areas should be used cautiously.

Aqueous film forming foam

This product, known as AFFF, is essentially an improvement on simply spraying water on a fire. It adds a detergent-like substance to the water to make foam, which allows the water to cling to vertical objects like trees and walls. The foam also acts as a thermal layer, blocking the transference of heat from the burning substance to other objects. Foam also acts to smother fires by forming a barrier between the fuel and oxygen. It is designed for Class A and B fires. Because AFFF is water-based, it possesses the same disadvantages for use on Class C fires.

Dry chemicals

Dry chemical fire extinguishers interrupt the contact between the oxygen and the fuel by covering the fuel with a coating of non-reactive powder. There are two types of dry chemical fire extinguishers each capable of dealing with a different group of classes of fires. Regular dry chemicals (sodium bicarbonate and similar types of dry chemicals) are effective against Class B and C fires. Tri-class dry chemicals (such as monoammonium phosphate) are effective against Class A, B and C fires.

Metal fire suppressors

These dry powders are designed exclusively to suppress metal fires. There are three commonly available suppressants – Met-L-X, Lith-X, and Pyrene G-1. Each is designed for a specific type of metal fire.

Deterioration of fire extinguishers

A Security Guard should take the time to learn not only the location and nature of the fire extinguishers on the site, but also should keep an eye out for the condition of the equipment. Fire extinguishers do deteriorate with age. Anything out of the ordinary should be reported to the officer’s supervisor who will carry the message to the client. Things that a Security Guard should pay close attention to:

  • Are the extinguishers available appropriate for the job site? For example, if the site is used to manufacture magnesium-based roadside flares, the appropriate metal fire suppressor should be available.
  • Is the extinguisher container corroded, cut, or damaged?
  • Is the nameplate or instruction guide plate firmly attached?
  • Is the hose and/or nozzle damaged, plugged, or broken? The rubber hose itself is also prone to cracking and dry rot and may break when the time comes to use the extinguisher.
  • Is the pressure head assembly in operating condition? The gauge should show proper pressure, the safety pin should be in place, and any tamper seal should not be broken.
  • Inspection and test dates should not have expired.

Delivery systems

There are three basic hand-operated devices for delivering the suppressant:

Hand pump

A hand-operated pump may be used to apply the suppressant onto the fire. Normally, water is the only substance that is dispensed through this type of device.

Pressurized storage container

These cylindrical storage containers customarily contain water, AFFF (foam), Halon, or dry chemicals, under its own pressure or together with an inert gas that provides sufficient pressure to blow the suppressant out of the cylinder. The suppressant is forced out of the cylinder under high pressure when a safety pin is removed and the trigger squeezed. Additional dispersement devices also rely on pressure such as the water pressure in fire hydrants and the standpipe systems commonly found in many commercial buildings. Anyone attempting to operate one of these systems should be aware that the force of the water travelling through the hose might generate a substantial back-pressure.

Gas cartridge

These extinguishers operate in a similar manner as the pressurized storage containers. The large cylinder contains the suppressant, which is under no pressure at all. When the trigger device is engaged, the propellant, located in a small cylinder on the side of the larger container, is activated to blow the suppressant out of the main cylinder. Gas cartridge extinguishers are used to apply dry chemical and metal fire suppressants.

When to use a fire extinguisher

Fire-fighting is normally the responsibility of the local fire department. However, individuals may wish to attempt to extinguish or contain small fires where there is no risk to life, health, or personal safety.

An individual who does not know how to use a fire extinguisher properly should be cautious about attempting to use it. He or she should call on the professionals instead. Improper usage or use of an improper extinguisher by an untrained person may actually increase the danger posed by the fire. For example, imagine a person attempting to use a garden hose to extinguish a grease fire in a kitchen. Water from the hose will not extinguish that type of fire. Instead, the water may cause the fire to spread, igniting more of the premises and worsening the situation.

 

PASS

The general process for fighting a fire with a hand-held fire extinguisher may be characterized with the acronym PASS:

Pull the safety release pin.

Aim the extinguisher at the base of the flames.

Squeeze the trigger.

Sweep the base of the fire from side to side until it appears to be out.

Not all fire extinguishers operate in accordance with these general directions. If special instruction is required, the Security Guard should obtain guidance from his or her supervisor on the operation of the particular extinguisher.

Before fighting a fire, security should activate the fire alarm, or if there is no alarm on the premises, ensure that the occupants of the site are notified of the fire. Ensure that all persons are out of the immediate area and that a general evacuation has been started, if necessary.

The fire department should also have been called and advised of the fire. If you are unable to extinguish the fire, firefighters will provide backup and be able to take over where you left off. And, if you have been able to put the fire out, the fire department officials will be able to inspect the remains to ensure that the fire is completely extinguished; they also may be able to determine the cause of the fire, if one is not readily apparent.

 

Some points to consider:

  • Only attempt to use a fire extinguisher that can be reached without going between the fire and your (potential) escape route;
  • Always assume that you will be unable to extinguish a fire. Do what you can, and if the situation turns dangerous, flee;
  • Always make sure that you use the correct fire extinguisher for the type of fire you are facing;
  • Always limit your efforts to smaller, contained fires. The average fire extinguisher lasts for seconds, not minutes. If the fire cannot be extinguished within ten seconds or less, it should probably be left for the fire department;
  • Always make sure that your back is to an unobstructed exit that is not in danger of catching fire before you can escape through it. If there is a wind, position yourself with your back to it, if possible, so that if the fire spreads you are not in danger of being cut off from the exit;
  • Always make sure that the room is not filled with smoke when you attempt to extinguish the fire. You do not have the benefit of the protective equipment firefighters possess to protect them from toxic smoke. Smoke is also hard to see through and may make it difficult to locate your escape route;
  • Always remember that the content of fire extinguishers is under pressure. Make adjustments for the size and location of the fire. For example:

“The most important thing to know is the distance to be from the fire. For a dry powder [extinguisher], you must be eight to ten feet away. For a CO2 [extinguisher], it is five to six feet. If you are too close, you could spread the fire. For example, if you aim at a pot on a stove and you are too close, you will basically pick up the contents of the pot [with the pressure of the extinguisher] and splatter it, spreading the fire around the kitchen”;

  • Always test the fire extinguisher before you approach the fire.

Rank structure of fire departments

At the scene of a fire, explosion, accident, or similar incident, a Security Guard may have to interact with personnel from a fire department. Security Guards should be aware of the rank structure of the fire departments as interacting with an individual of the appropriate rank and job function will save a great deal of time and effort. This is not to say that in an emergency security should waste a great deal of time in searching for a particular colour of helmet. If you are trying to advise fire department officials of a dangerous situation or of people that are trapped somewhere on the site, speak with the first person that is available and ask if you should find someone else that needs to know.

 

Keep in mind that Table 1.1 – Fire Department Rank Structure – represents a general colour pattern across Canada. However, some individual departments may not have elected to follow this pattern. It is recommended that security companies check with their local fire department officials to determine what rank/colour structure is used in the location guards will be working within. Individual officers should also be aware that safety equipment like helmets may be exchanged in the event of damage or defect. Colour may therefore not be an absolute indicator of an individual’s rank.

Table 1.1: fire department rank structure

Helmet colour Rank and title
White Chief
White Deputy or Assistant Chief
Red Captain
Red Lieutenant
Yellow Firefighter
Blue Safety Officer

7.3 MEDICAL EMERGENCIES

What is First Aid?

First-Aid is emergency help given to an injured or suddenly ill person using readily available materials. It can be simple, like removing a sliver from a child’s finger and putting on a bandage. Or, it can be complicated, like giving care to many casualties in a motor vehicle collision and handing them over to medical help. But no matter what the situation, the objectives of First-Aid are always the same. First-Aid tries to:

  • Preserve life;
  • Prevent the injury or illness from becoming worse;
  • Promote recovery

 

First-Aid is made up of both knowledge and skills. Some of that knowledge you will find in this lesson. The best way to acquire First-Aid skills is to take a recognized First-Aid course from a qualified instructor. In an emergency where there are injuries, your ability to act calmly, assess the situation and give appropriate First-Aid will depend on your First-Aid skills.

Who is a First-Aider

Anyone can be a First-Aider. Often the First-Aider at an emergency scene is someone who was just passing by and wanted to help. A parent can be a First-Aider to his or her child, a firefighter can be a First-Aider to an injured pedestrian, or an employee can be trained as a First-Aider for his or her place of work. A First-Aider is simply someone who takes charge of an emergency scene and gives First-Aid. First-Aiders don’t diagnose or treat injuries and illnesses (except perhaps when they are very minor). A First-Aider suspects injuries and illnesses and gives First-Aid.

What can a First-Aider do?

A First-Aider gives First-Aid, but she can also do much more. In an emergency, where there is confusion and fear, the actions of a calm and effective First-Aider reassure everyone, and can make the whole experience less traumatic. Besides giving First-Aid, he or she can:

  • Protect the casualties belongings;
  • Keep unnecessary people away;
  • Reassure family or friends of the casualty;
  • Clean up the emergency scene and work to correct any unsafe conditions that may have caused the injuries in the first place.

A casualty’s age in First-Aid and CPR

In First-Aid and cardiopulmonary resuscitation (CPR):

  • An infant casualty is under one-year old
  • A child casualty is from one- to eight-years old
  • An adult casualty is eight-years and older

These ages are guidelines only; the casualty’s size must also be considered.

First-Aid and the law

Can a First-Aider be sued for giving First-Aid? Fear of being sued is one of the main reasons why people don’t help when help is most needed. As a First-Aider, there are two “legal” situations in which you might give First-Aid. First, you might give First-Aid as part of your job, for instance, as a lifeguard or Security Guard. Second, you might simply be a passerby who sees an emergency situation and wish to help the injured or ill person.

Giving First-Aid as part of your job

When giving First-Aid as part of your job, you have a legal duty to respond to an emergency situation at your workplace. You have a duty to use reasonable skill and care based on your level of training. This might include more than First-Aid. You may be trained in rescue, driving an emergency vehicle, etc. If you are a designated First-Aider at work, make sure your certification is always up to date. If you can, get a level of training higher than the minimum. You will be a more confident and effective First-Aider.

Giving First-Aid as a passerby

In Canada (except Quebec) and most of the United States, you do not have a legal duty to help a person in need – if you do not help an injured person, you are not at fault. But our governments want to encourage people to help others, so they recognize the Good Samaritan principles. These principles protect you if you choose to help someone in need. Once you give assistance, you are obligated to use reasonable skill and care based on your level of training.

Principles of the Good Samaritan

You are a Good Samaritan if you help a person when you have no legal duty to do so. As a Good Samaritan, you give your help without being paid, and you give it in good faith meaning that you help people because you care about them. Whenever you help a person in an emergency situation, you should abide by the following principles:

  • You identify yourself as a First-Aider and get permission to help the injured or ill person before you touch them. This is called consent;
  • You use reasonable skill and care in accordance with the level of knowledge and skill that you have;
  • You are not negligent in what you do;
  • You do not abandon the person.

Consent

The law says that everyone has the right not to be touched by others. As a First-Aider, you must respect this right. Always identify yourself to a casualty and ask permission before touching them. When you arrive at an emergency scene, identify yourself as a First-Aider to the casualty. If you are a police officer, nurse, First-Aider, etc., say so.

 

Ask if you can help. If the casualty says “yes,” you have consent to go ahead and help. If the casualty doesn’t answer you, or doesn’t object to your help, you have what is called implied consent, and you can go ahead and help. There are some special situations:

  • If the casualty is unresponsive and relatives are present, ask for consent from the casualty’s spouse or another member of the casualty’s immediate family;
  • Although it might not seem to make sense that you would identify yourself to an unresponsive person and ask for consent to help them, this is what you must do. Always ask for consent before touching a casualty. If there is no response, you have implied consent to give First-Aid.
  • If the casualty is a young child or an infant, you must get consent from the child’s parent or legal guardian. If there is no parent or guardian at the scene, the law assumes the casualty would give consent if he or she could, so you have implied consent to help;
  • A person has the right to refuse your offer to help and not give you consent. In this case, do not force First-Aid on a conscious casualty. Even if you do not have consent to touch the person and give First-Aid, there may be other actions you can take, like controlling the scene, calling for medical help, etc.

Reasonable skill and care

As a Good Samaritan, when you give First-Aid, you are expected to use reasonable skill and care according to your level of knowledge and skills. When in question, care that is given will be measured against what the reasonable person with the same level of knowledge and skill would do. Give First-Aid with caution so that you don’t aggravate or increase an injury. Make sure you only try to do what you know you can do and that all of your actions will help the casualty in some way.

Negligence

The Good Samaritan principles say that, if you help someone that needs emergency medical care, you will not generally be considered negligent for what you do or don’t do as long as you use reasonable skill and care according to your level of knowledge. When you give First-Aid, use common sense and make sure your actions are in the casualty’s best interest. Simply put, give the care that you would like to receive if you were in the casualty’s position.

Abandonment

Never abandon a casualty in your care. Once the casualty accepts your offer to help, do not leave them. Stay with them until:

  • They are handed over to medical help
  • They are handed over to another First-Aider
  • They no longer want your help – this is usually because the problem is no longer an emergency and further care is not needed

Safety and First-Aid

The number one rule in giving First-Aid is to “give First-Aid safely.” Emergency scenes can be dangerous and you have to make sure your actions don’t put you or anyone else in danger. Take the time to look for hazards and assess the risks of any actions you take. You don’t want to become a casualty as well.

 

There are three basic risks to be aware of:

  • The energy source that caused the original injury – is the energy still active and could anyone be injured by it? For example, where a machine caused the injury, is the machine still running?
  • The hazards from secondary or external factors – are other conditions present that could be a hazard? For example, at the scene of a car crash, could there be an explosion or perhaps injuries caused by passing vehicles?
  • The hazards of the rescue or First-Aid procedures – is there risk of someone being injured by the rescue and First-Aid actions? For example, if the casualty is much larger than you are, and you move the person, can you do so without injuring yourself?

Preventing infection

A First-Aider and casualty are in very close contact with each other when First-Aid is given. This close contact means that an infection could pass from one person to the other. This risk of infection is a safety hazard a First-Aider has to be aware of. There is more risk of a serious infection when blood and other bodily fluids are involved, as the viruses that cause AIDS, hepatitis B and other illnesses may be present. If you don’t know if someone is infected with an illness, you should always use safety measures called the universal precautions to minimize the risk of transmission.

 

The universal precautions are used in the health care professions to reduce the risk of infection for both the caregiver and the casualty. The universal precautions that apply to First-Aiders are: hand washing, wearing gloves, minimizing mouth-to-mouth contact during artificial respiration and the careful handling of sharp objects.

 

Gloves

Gloves prevent direct hand contact between the First-Aider and the casualty. Wear gloves when you might touch the blood, bodily fluids, tissue or anything that has come in contact with one of these. Put on your gloves as you approach an emergency scene. Vinyl or latex gloves are equally effective, although latex irritates some people’s skin. Keep your gloves in a place you can get to easily, where they are not exposed to really hot or really cold temperatures. It’s a good idea to keep a few pairs of gloves in your First-Aid kit.

Hand washing

Hand contact is one of the main ways infections are transferred from one person to the next. Wash your hands with soap and running water immediately after any contact with a casualty. It is also a good idea to wash your hands often when you are around people who are sick with a cold, the flu, etc.

 

Minimizing mouth-to-mouth contact

There is a slight risk that infection could be passed from one person to another during artificial respiration (AR). Use a special face mask or shield designed to prevent disease transmission during AR. Many brands and types of masks are available. Choose a disposable mask or one with a disposable one-way valve. Keep it in an accessible place where you can get it quickly. Follow the directions that come with the mask in order to use it properly.

 

Sharp objects. If a sharp object touches infected blood and then pricks or cuts you, you could become infected. Although First-Aiders do not routinely use sharp objects like scalpels and needles, there may be a need to use a knife or perhaps clean up broken glass that has been in contact with blood. In these cases, wear gloves and handle sharp objects with extreme care because one could cut through your gloves and skin and infect you.

The universal precautions are safety measures for protecting both the First-Aider and the casualty. Although it may seem like you are wasting precious time by pulling on gloves or getting your face mask ready, this is not the case. Safety is the most important concern while giving First-Aid. Use the universal precautions to ensure the safety of everyone at the scene.

Child abuse

When giving First-Aid to a child with injuries, be on the alert for signs of child abuse. Child abuse is any form of physical harm, emotional deprivation, neglect or sexual maltreatment, which can result in injury or psychological damage to a child. To detect possible child abuse, look for signs such as:

  • Injuries inconsistent with what a child could do;
  • Unusually shaped bruises or burns;
  • The child’s apparent fear of the parent or caregiver.

 

If you suspect child abuse, do not accuse anyone. Insist that the child receive medical help for the injuries; this will permit a full medical assessment. If you don’t think the child will be taken to a doctor, call an ambulance and the police to the scene; this will ensure a doctor sees a child.

 

If medical care for the child is refused and calling for an ambulance and/or the police is impossible, call a child welfare agency and report your suspicions. When you make such a call, you don’t have to give your name if you don’t want to.

Medical help

As a First-Aider, you cannot diagnose the exact nature and extent of any injury or illness, only a medical doctor has the professional experience and legal right to do this.

As a rule, First-Aiders should always suggest that the casualty receives medical care following First-Aid treatment. Only for the most minor injuries is this not necessary.

In First-Aid, medical care is called medical help.

 

In dealing with safety, a Security Guard may be called upon to play a major role. The Security Guard must know:

  • Why an accident has happened;
  • What injuries have resulted from the accident; and
  • How similar accidents and injuries can be prevented.

 

In order for a Security Guard to develop safety-oriented skills for prevention of accidents, he/she will need to:

  • Make a personal commitment to safety;
  • Follow safety rules as outlined in the Site Orders;
  • Adopt safety practices;
  • Use protective clothing and equipment;
  • Learn the safe operation of machinery and equipment
  • Recognize and heed the symbols on hazardous products; and
  • Take precautions recommended on the label of hazardous products.

 

Of all the reasons for establishing First-Aid services in the workplace, and there are many, the most compelling must be the federal and provincial Acts regulating occupational health and safety. This legislation specifies management responsibilities for acceptable levels of First-Aid training for each industrial and business operation. In addition to meeting federal and provincial requirements, effective First-Aid services yield valuable benefits. These include a decrease in personal injuries, poor morale, a reduction in absenteeism and improved productivity.

 

The adage “once bitten, twice shy” was never more applicable than in the area of personal injuries. An injured person develops a greater awareness of hazards and becomes more safety conscious. However, similar changes in attitudes were observed in workers who had received safety oriented First-Aid training, and without the pain and suffering of an injury. First-Aid training not only reduced the number of incidents of injury, it also decreased the severity of those injuries that were sustained. First-Aid services are a key component to the Emergency Response System needed for any organization, institution or industry.

Safety in a violent situation

Violent situations are not uncommon. In any emergency scene, be on the lookout for violence. If there is violence, or the potential for violence, be careful. Your first priority is to protect your own safety – don’t put yourself at risk.

 

Initially, a person’s first instinct when dealing with violence is to react in a physical manner. When you come across this situation, do not engage the subject in a physical confrontation. Our main priority is to ensure that everyone on site is safe from harm. Force should only be used to defend yourself against an imminent danger to your life or that of another person. To ensure the best possible outcome, it is important to call the police as soon as possible. Do not trust others to do this for you. Many people will be too focused on what they are witnessing to call the police. Do not intervene until you know the police are on their way, and only if absolutely necessary.

 

Whenever injuries occur through violence, a crime has been committed. If you think a crime has been committed, call police to the scene. While waiting for the police, do the following:

  • Protect your safety, and the safety of others, if you can;
  • Give First-Aid for any injuries, and be sensitive to the casualty’s emotional state – see psychological First-Aid for assault;
  • Keep onlookers away as much as possible. Do what you can to ensure the privacy of any casualties;
  • Leave everything at the scene as is; you may disturb evidence that could help police.

 

As a Security Guard, you may have additional information the police will find helpful. Remain at the scene until police say you can leave. Answer all questions the police ask of you.

8.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to the work of a Security Guard
2. Identify the legal authorities, rights, and limitations of a Security Guard
3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code
4. Identify the types of offenses in the Criminal Code of Canada and provide examples of each
5. Discuss and provide examples of the following:
a. Use of force in the line of duty
b. Provisions for search and seizure in the performance of duties
c. Legal powers of Security Guards in situations of trespassing or vandalism
d. Legal powers of Security Guards in loss prevention and theft
6. Describe the consequences when a Security Guard exceeds his/her authority

8.2 CANADIAN CRIMINAL COURT SYSTEM

An Introduction To Criminal Law

Security guards may be required to prepare for legal proceedings, present evidence, prepare themselves and/or witnesses for testimony and follow up on the outcome of court proceedings. Security guards need a general understanding that all investigations should be conducted as if the case could potentially go to trial and therefore handle themselves accordingly to ensure that no procedural or administrative mistakes are made.

 

What is a Security Guard’s legal status under the Criminal Code (Canada)?

Security guards have the same powers as anyone in Canada and no more.

The Criminal Code (Canada) gives the legal limits that you must follow while doing your duty. The Code says that all private citizens who enforce the law are protected if:

  • they act on reasonable grounds;
  • they are justified; and
  • they only use as much force as is necessary.

All three of these points must be met – otherwise you may be charged with a criminal offence or sued.

 

Security Guards require a basic understanding of the Canadian legal system, including the rights all citizens share, the powers that may be exercised that impact upon those rights, and the responsibilities that go along with the exercise of those privileges. This module relates to the function of criminal law and its impact on those in the security service industry. The 3 basic questions that students should be able to answer at the end of this module are:

 

1. What is criminal law?

Criminal law has been commonly defined as law enacted to further some public purpose, such as public peace, order, security, health, or morality. At the core of Canadian criminal law lies the Federal Criminal Code (Canada).

Like many things in life, “the law” holds a different meaning for each one of us because of our different backgrounds. What we perceive “the law” to be is different, because of all of the background experience and “baggage” we bring along with us when we look at an issue. For example, a person from a country where corruption is an active part of the justice system may have a radically different perspective of what “the law” is all about, when compared to a person raised in a society in which there is little or no corruption. For practical purposes, however, we must be able to come up with a workable definition, understood by all and that security personnel can readily understand and relate to.

This definition of “law” might be:

Rules which regulate the conduct of members of society that are created, recognized and sanctioned by government.

 

2. What purpose does it have?

The Criminal Law is just one part of the rules that regulate our daily behaviour. Simply stated, the Criminal Law is the standard of behaviour that governs all people in our society. Its main purpose is to protect all citizens, keeping our communities peaceful and safe by regulating our conduct. It also provides certain powers to individuals when encountering a breach of those common rules. For example, a police officer, and, in specific circumstances, a private citizen, may arrest an individual contravening the criminal law. The powers of arrest security guards possess when the criminal law has been breached are set out in the Criminal Code (Canada).

A person accused of committing a criminal offence (conduct that falls beneath the minimum behavioural standard specified in the criminal law) is entitled to appear in a court of law to answer to the accusation. The Court must be satisfied that the person is guilty of the conduct – that is, an offence detailed in the Criminal Code (Canada) has been committed – before punishing the person. The Court can be satisfied of this in one of two ways: by the accused person admitting guilt (a guilty plea), or by finding the person guilty after trial. Not every person who has contravened the Criminal Code (Canada) may be held accountable for his or her actions. For example, children under twelve cannot be prosecuted for criminal offences. A person with mental illness, who does not understand that his or her actions were wrong, cannot be prosecuted.

The federal government has the responsibility of creating criminal laws and has placed the bulk of them in a comprehensive piece of legislation called the Criminal Code (Canada). Penalties for violating other rules of society may be found in other legislation, such as The Traffic Safety Act. However, provincial and municipal offences do not fall under the heading of criminal law, although they share some things in common with federal legislation. Subsection 91(27) of the Constitution Act, 1867, is the only item that provides the power to pass criminal law. And it affords this only to the federal government.

The power of the provinces to enact quasi-criminal offences also provides the provinces with the authority to prescribe procedure for these offences. Commonly, the provinces have tended to adopt a similar scheme to that set out under the Criminal Code (Canada) for breaches of provincial legislation. Provincial offences of this nature (called quasi-criminal offences) are processed much like summary conviction offences under the Criminal Code (Canada).

A conviction under provincial or municipal law does not form part of a criminal record, although the province and most municipalities keep records of these convictions for other purposes.

 

3. How are laws made?

Under our constitution, only the Parliament of Canada and the Legislative assemblies of each province have a recognized right to create legislation. The creation of law, however, is not limited to these legislative bodies. The provincial and federal governments may create laws known as statutes and regulations. These Acts and regulations (known as legislation) in turn can delegate to another person or body the ability to create additional laws. For example, regulations under some Acts have been prepared by some departments and approved by Cabinet; alternately, however, authority can be delegated to a municipality to pass laws of its own, governing specific areas. For example, The Municipalities Act authorizes cities and towns to enact specific types of bylaws.

 

Examples of municipal bylaws include:

  • bylaws specifying traffic control/speeds; and
  • prohibitions on using or discharging firearms and/or crossbows within city limits.

 

Long before a law is passed into force, the governmental machinery is set to work. Government administrators will discuss amongst themselves and with groups within the community what sort of regulation is required to achieve a particular goal. In the case of provincial legislation, usually one department will be given the lead role of consulting with those affected by the legislation. Legislation will be drafted and circulated several times to ensure that the legislation, which is eventually presented to Cabinet, not only addresses the problem but is also practical and capable of enforcement.

Of course, the mere passage of a law does not mean the problem will go away. Law must be complied with, to be effective. Enforcement is one mechanism to achieve compliance.

The police, the courts, and lawyers hired to prosecute offenders (Crown prosecutors) are responsible for enforcing the criminal law. The police investigate crimes, and in consultation with the prosecutors, lay charges. The prosecutors take those allegations to court and present the evidence of witnesses to the judges who preside over those courts, suggesting that one or more of the laws identified in the Criminal Code (Canada) have been breached.

The Court Structure

The Courts are assigned the task of determining if an offender has breached a law, and if this has taken place, the responsibility for determining the consequences to be imposed.

The courts in Canada are organized in a four-tiered structure. The Supreme Court of Canada sits at the apex of the structure and, consistent with its role as “a General Court of Appeal for Canada”, hears appeals from both the Federal court system, headed by the Federal Court of Appeal and the Provincial court systems, headed in each province by that province’s Court of Appeal. In contrast to its counterpart in the United States, therefore, the Supreme Court of Canada functions as a National, and not merely Federal, court of last resort.

The next tier down from the Supreme Court of Canada consists of the Federal Court of Appeal and the Various Provincial Courts of Appeal. Two of these latter courts, it should be noted, also function as the courts of appeal for the three Federal Territories in Northern Canada, the Yukon Territory, the Northwest Territory, and the Nunavut Territory.

The next tier down consists of the Federal Court, the Tax Court of Canada, and the Provincial and Territorial Superior Courts of general jurisdiction. These latter courts can fairly be described as the lynchpin of the Canadian judicial system since, reflecting the role of their English counterparts, on which they were modeled; they are the only Courts in the system with inherent jurisdiction in addition to jurisdiction granted by Federal and Provincial statues.

At the bottom of the hierarchy are the courts typically described as Provincial Courts. These courts are generally divided within each Province into various divisions defined by the subject matter of their respective jurisdictions; hence, one usually finds a Traffic Division, a Small Claims Division, a Family Division, a Criminal Division, and so on.

The Canadian Legal system has its foundations in the British common law system, inherited from being a part of the Commonwealth. Quebec, however, still retains the civil system dating from the French colonial era. Both systems are subject to the Constitution of Canada and the Canadian Charter of Rights & Freedoms. The Constitution of Canada is the supreme law of Canada under which all laws must conform. The Constitution Act, 1867 provides for the basis of a system of government. In particular the Act provides for a federalist system where powers of government are divided between the Federal and Provincial governments. The Constitution Act, 1982 entrenched the entire Constitution of Canada providing a power to strike down inconsistent laws and an amendment formula. The Charter of Rights & Freedoms, contained in the Constitution Act, 1982 provides for an entrenched bill of rights.

Courts In Canada

The ultimate court in Canada is the Supreme Court of Canada which since 1949 has been the court of last resort for all issues of law. Before then, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom. Section 92 courts exist throughout Canada and are often called Superior Courts. While the judges in these courts are appointed through a federal process, the courts are administered by the provinces. As well there are appellate courts in each Province and Territory and a Federal court system which has jurisdiction to deal with certain issues (immigration, patents, maritime law) as set out on the Federal Court Act.

Legal Traditions

As with all common law countries, Canadian law follows the system of stare decisis. All courts must follow the decisions of the more senior courts. The inferior and superior courts of the provinces are not bound by the courts of any other provinces, however, their decisions are treated as a persuasive source of law and are often followed as if binding; only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling. The Ontario Court of Appeal, for example, is often looked to for guidance on many local matters of law for many other provinces, especially in matters such as evidence and criminal law.

Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords prior to 1867 are still binding upon Canada unless they have been overturned by the Supreme Court of Canada. Equally, Canada is still bound by the decision of the Privy Council prior to the abolishment of appeals in 1949. Nonetheless, decisions from both these bodies, even after sovereignty, are still held in high esteem and are considered very persuasive by the courts.

Quebec Civilian System

Section 92 of the Constitution has allowed for the Province of Quebec to preserve its civilian system in matters within the provincial jurisdiction through the Civil Code of Quebec. The court system, being a Federal matter, is still founded on the common law.

Criminal Law

The enactment of criminal law is under the jurisdiction of the Federal government, and thus Canada has one Criminal Code that is applicable throughout Canada. The provinces separately promulgate “quasi-criminal” offences in a variety of administrative and other areas. The administration of justice and penal matters are under the jurisdiction of the provinces, so each province administers most of the criminal and penal law throughout Provincial and Municipal Police services.

Civil Law

The area of Civil Law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government. Parties will seek remedies from the court on contractual matters, tort, and property law, among others.

Procedural Law

Procedural Law in Canada encompasses several aspects of the justice system. The laws of evidence regulate the admissibility of evidence in courts and tribunals .The level of government that sets these rules depends on who has jurisdiction over that particular area of law. The functioning of the Courts is regulated by the laws of civil procedure which are codified in each Province’s civil procedures rules.

Definitions

The following outlines various definitions of legal terms used throughout this module. It is important to note that when dealing with legal matters, specific terms are used to denote specific things. Using the wrong terminology can cause confusion, and in some cases, may lead to the inadmissibility of evidence in Court.

Evidence: All legal means, exclusive of mere argument, which tends to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation “it is the foundation of any investigation”. Security Guards must know “good” evidence from “weak”.
Prima Facie: Means the facts that have “arisen at first sight based on a first impression”. If unchallenged, it will be accepted in court as they were presented.
Onus Probandi: Simply means the burden of proof, or the obligation to prove a particular fact.
Facts in Issue: The allegations in a criminal trial which must be proved before the accused can be found guilty, or facts which constitute a legal defence to the charge.
Voir Dire: A trial within a trial solely to determine the admissibility of evidence.
Res Gestae: A “blurted statement” that was given by an accused before there was any opportunity to inform him/her of his/her rights. For example, a person is running out of a house yelling “I’m sorry I killed him” is a “Res Gestae” statement, and is usually accepted by a judge without question. It must accompany a fact of the case so closely that it establishes or proves it.
Corroboration: Independent evidence which confirms not only that the offence was committed, but that the accused committed it. In other words, if the main evidence, we should look for some other source of evidence which “supports” or “corroborates” the original statement.
Actus rea: The ability to prove that an actual Criminal Act was committed by a particular person.
Mens rea: The intent or state of mind of the accused person. In many cases part of the prosecution’s case will be to establish or prove the mental attitude of the accused.
Hearsay Evidence: Anything a witness heard another person say and which the witness repeats in court.

9.1 LEARNING OUTCOMES

At the end of this module, students are only expected to be aware of this legislation as it relates to their roles. The primary focus should be on best practices with respect to acquiring information to resolve security issues in the context of relevant legislation.

9.2 PIPEDA

Security Guards frequently deal with the collection, storage, dissemination, protection and destruction of information.

The Privacy Act & Personal Information Protection And Electronic Documents Act (PIPEDA)

PIPEDA Overview

Various Laws in Canada have been designed to protect the personal privacy of individuals they encounter. As such, several principles related to privacy have been legislated to ensure that all persons and entities that are in a position to collect such information are doing so in a legally compliant manner.

The following principles have been applied to the Security Guard’s general duties:

  • Accountability – Individuals are accountable for the protection of personal information. For the Guard, they are responsible for the protection of personal information under their control. Guards should never release private or confidential information to anyone without prior authorization from a Supervisor or Manager, and should direct any inquiries related to confidential information to the appropriate manager.
  • Identifying Purposes – Personal information collected as part of an investigation or incident may include information pertaining to individuals involved in criminal activity, individuals suspected of involvement in criminal activity, individuals with knowledge in criminal activity, and individuals who may have information relating to the identity of those involved with or suspected of criminal activity.
  • Consent – Guards must obtain appropriate consent from an individual as required for the collection, use, or disclosure of personal information except when PIPEDA allows an exception.
  • Limiting Collection – The personal information that a Security Guard shall collect will be limited to that which is necessary for the lawful execution of their duties.
  • Limiting Use, Disclosure, and Retention – Information collected by the Guard cannot be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes, after which the information should be destroyed in a legally compliant manner.
  • Accuracy – Information collected by a Security Guard should be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
  • Safeguards – Guards must ensure that personal information is stored in secure electronic and hard copy files. Hard copy files must be stored in locked file cabinets with restricted access.
  • Openness – Guards shall make readily available to individuals specific information about their companies and client’s policies and practices relating to the management of personal information.
  • Individual Access – Upon request, an individual must be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. If such disclosure does not defeat the purposes for which the information was collected, the Guard must, upon request by an individual, advise the individual whether we have personal information concerning him or her, what that information is, what it is being used for, and identify any persons or entities that have access to this information. Some lawful exceptions include:
  • Personal information about another individual might be revealed or commercially confidential information might be revealed
  • The information is protected under the Solicitor/Client privilege
  • Challenging Compliance – An individual shall be able to address a challenge concerning compliance with the laws related to privacy to the designated individual or individuals accountable for the organization’s privacy compliance. Guards must be aware of who these people are and how to provide the most efficient contact information to the individual making the challenge.

10.1 LEARNING OUTCOMES

Your ability to successfully perform the responsibilities of a security guard depends, in part, on your communication skills. Working with the public and gaining their cooperation will require you to develop effective verbal and non-verbal communication strategies and subsequently adapt them to the various situations you will encounter.

Upon completion of this module, you will be able to:

1. Describe effective verbal and non-verbal communication strategies for security guards.

2. Identify and demonstrate methods of communication which are free from bias, discrimination, or harassment.

3. Identify strategies for effective verbal and non-verbal communication in situations where communication barriers exist.

4. Explain and demonstrate verbal and non-verbal communication skills when interacting with individuals who show signs of being
a. uncooperative
b. violent
c. impaired

5. Identify and develop strategies to control your personal triggers in situations of conflict or anxiety.

6. Conduct an effective interview.

10.2 COMMUNICATION SKILLS

Security guards must provide clear and concise information orally and in writing. Sometimes this information must be gathered from sources that may be unwilling. This means strong communication skills are critical!

Communications

Communications can be an area of strength, or serious weakness. Since the beginning of time, humans have worked to perfect a method of communicating. This has varied from the grunts and groans of the caveman through to the highly technical languages spoken by computers.

As a security guard you are forced to rely on the common methods of communication – verbal contact, telephone, radio, physical signals, mechanical signals and written communications.

There are some general rules applicable to all communications:

(a) Be brief;

(b) Be explicit;

(c) Be concise;

(d) Make sure you are understood;

(e) Do not be antagonistic.

Verbal Communication

To carry on a good conversation, or to express oneself properly, it is imperative to have an adequate vocabulary. Your vocabulary requirements will of course vary dependent upon the job you are doing. It is a good idea to use the same kind of language the people around you use to better communicate with them. However, you must still maintain your normal vocabulary to enable you to converse and be clearly understood by visitors to the project.

 

As well as the general rules of communicating (above), the following should be observed:

Person to Person:

(a) Look at the person you are communicating with;

(b) Smile and be courteous;

(c) Do not use expressions if you are not certain of their meaning;

(d) Do not try to impress by using words and phrases the other person does not understand.

How do I interview witnesses and others?

If an incident happens while you are on duty you may need to interview the people involved or any witnesses. If you practice the active listening skills listed above, most people will be comfortable sharing information with you.

Remember to get permission before you attempt to interview someone.

Here are some other things you should do:

  • Find a quiet spot where you will not be bothered, but remember your duties and responsibilities to the site. Whenever possible, you should have a qualified person take over for you while you go off to talk;
  • Face the person squarely and at their level. If they are sitting, you should also be sitting;
  • Keep focused on the person’s words. Don’t be thinking about your next question while the person is still talking. Don’t focus on some part of the person’s appearance. If you find your attention drifting, bring it back;
  • If the person starts talking about something else, gently bring them back to talking about the incident. Remind them that you need to get the facts;
  • Take detailed notes. Ask the person to slow down if they are talking too fast. Repeat key information to make sure it is correct. You should always tell the person at the beginning of the conversation that you are going to take notes and how important those notes are to your investigation. If the person objects, you will have to make your notes as soon as possible after the interview while things are still fresh in your mind;
  • Get contact information, if possible, in case you need further information or someone else, such as the police, needs to talk to that witness;
  • Keep all information that you get confidential. Explain that you will only share information with the people who must have it;
  • Don’t make promises that you cannot keep. For example, “I will protect your identity,” or “If you cooperate, it will go easier on you”;
  • Respect a person’s rights. You cannot force someone to help. Rights may vary, such as for children.

Are there certain questions I should use?

An important part of interviewing someone is to know what kinds of questions to ask and when to ask them. Questions can be divided into two groups: open-ended questions and closed-ended questions.

Open-ended questions invite the speaker to tell a story. They are most effective at the beginning of an interview or when you want general information. They could include: “Can you tell me what happened?”, “What did you see?”, “How did that make you feel?”, “What did you do next?”

Closed-ended questions are used when you want specific information. They are usually answered with “yes” or “no” or short answers. They are useful to help you check information. They could include: “Were there any other witnesses?”, “What time did this happen?”, “Where were you standing?”. Avoid “leading” questions that actually state your opinion. For example, “Why would you do something like that?”, “Don’t you think you should have walked away?”.

Ask one question at a time. Give the person time to answer before asking the next question. If you ask more than one question at a time, the person could become confused because they won’t know which question to answer first. If you think of another question while someone is talking, write it down. You can ask it when the person finishes talking

Telephones:

(a) Answer the telephone courteously, giving the name of the employer, the department in which you are working and your name. e.g. “Good evening, ABC Company,

Security Office, Smith speaking”;

(b) Be brief but polite, avoid abruptness;

(c) Remember thank-you and good-bye.

*Radio:

(a) Observe all the general rules for communicating;

(b) Use the proper form of operation as directed by the client.

* Radio operations are covered in depth in the Tactical Communications lesson.

 

Communicating with the media

Communicating with the media is a delicate situation. A lot of specific and confidential company information must be kept from them due to potential liability and the privacy of information. Post orders will indicate who is the Public Relations Officer for the company. This will then be the only individual authorized to give interviews or press releases to the media. We must remember that the information passed on to the media will be interpreted by them and then broadcast to the public. Therefore, it is very important that only the Public Relations Officer make any statements. Security Guards will not normally give statements to the media but they may have dealings with them. Here are some guidelines to assist Security Guards who have contact with the media:

(a) Refer the media representatives to the proper Public Relations Officer as detailed in Post Orders or refer them to the security company management;

(b) Do not make any statements or give your personal views of the situation;

(c) Do not make any off-hand remarks or “off the record” statements that the media can hear as they will interpret them to suit their needs.

Special needs members of the public

From time to time, a Security Guard will encounter a situation involving a person with special needs. Blind and visually impaired persons, those with hearing difficulties, and persons with other physical, mental, and emotional difficulties add significant challenges to anyone having to deal with members of the public. Following are some general guidelines that may help security personnel in meeting those challenges. In many cases, these tips describe the common sense approach to dealing with a person with one, or more, of these special needs. Some, part, or all of these guidelines may be used, depending upon what is appropriate in the circumstances. Remember that each person you encounter has a unique personality and will react in a unique way to your actions.

Tips for communicating with the hard of hearing

Get the person’s attention before speaking. If you know it, use the person’s name before you start talking to make sure that you have his/her undivided attention. Tap on the person’s shoulder in order to make eye contact if necessary.

Face the person while speaking. Make sure that you are in the same room and positioned close to the person so he/she can hear and lip-read more easily. Make sure that your face is not in shadow and keep your hands away from your face. Don’t put anything in your mouth while speaking, and do not chew gum while trying to communicate.

Speak slowly, clearly, and concisely. Speak at normal volume or perhaps slightly louder. Do not shout, as it distorts words and makes it even more difficult to understand. Be sure to enunciate each word clearly and correctly, but do not exaggerate lip movements. We generally tend to talk rapidly, which makes it difficult for a hearing impaired person to follow. By simply slowing down your rate of speech, you will be better understood. Use body language and gestures to help the person understand what you are saying. Don’t distort your face or lip movements.

Rephrase your sentence if the person did not understand. Use simple and familiar phrases. Do not continually repeat the same words over and over again – instead, try to say the same thing using different words. Some words are harder to hear and to lip-read. Use short sentences, as they are easier to follow.

Be aware of noisy environments. If there is a great deal of background noise, whether it be people, music, or machinery, try to move to a quieter location so that you can be heard with less difficulty.

Tips for communicating with the blind and visually impaired

Legal blindness. The term “legal blindness” does not necessarily mean a total absence of sight. According to the Canadian National Institute for the Blind, only about ten percent of their clients are totally blind. The range of vision each individual possesses can vary from a complete absence of vision to the ability to perceive some difference between light and dark to being able to read large print with the assistance of a magnifier. A person is generally considered to be “legally blind” when they can see an object at only twenty feet that a person with regular vision can see at two hundred.

Making contact with a blind person. When approaching a blind person, greet them in a normal tone of voice. Use their name, if you know it. Identify yourself, and then inquire if your assistance is desired. If so, touch your hand to the back of their hand as a signal for them to take your arm. Identify anyone else who joins in the conversation.

Helping to cross a street. Avoid pulling the person by the hand or tugging at their sleeves. It is awkward and confusing. Simply offer your assistance and they will tell you the best way to guide them. Let them know when you are approaching a curb or other obstruction and whether you will be stepping up or down.

Describe the surroundings. Depending upon the circumstances, it may be beneficial to describe the surroundings to blind or visually impaired persons. For example, you can describe the layout of a room – whether it is square or rectangular, wide or narrow, how many tables or chairs it contains, and how they are arranged. Remember to give directions clearly and accurately. Pointing or using phrases such as “over there” will be of no assistance.

Doors and stairways. Tell the blind person when he or she is approaching a doorway, and describe the direction the door moves (left to right; into the room or out of it). When encountering stairways, alert the person in advance that you are approaching a stair, and tell them which direction the stairs go (up or down). If you are the person providing guidance, always approach the stairs squarely; never approach them at an angle. Stop before ascending or descending the stairs. Allow the person to take hold of the handrail (if one is available) and let them find the edge of the first step with their foot. The person will step up or down one step at a time, in rhythm with your movements (although you should be one step ahead). Stop at the end of the stairs and let the person know that he or she has reached the end of the stairway.

Irregular terrain or danger zones. When approaching any irregularities in terrain, alert the person in advance that something is about to change. You should be prepared to caution the person about things a sighted person takes for granted, such as the transition from concrete to grass or gravel, icy or slippery surfaces, pools of water, and so on. If you are aware of any additional danger areas that the person may have access to, advise them as soon as possible. Keep aisles and walkways clear of obstructions if possible. Warn the person of the obstruction if it is not clear.

Taking a seat. To help a blind person to his or her seat, place your hand on the back of the chair and allow the person to slide their hand down your arm until it makes contact with the back of the chair. After establishing where the seat is, they will sit down normally.

Guide dogs. Blind or visually impaired persons may not require physical assistance, and may choose to follow a guide or simply receive verbal directions, especially if they have a guide dog. If he or she has a guide dog, and also requests a guide, the person will drop the dog’s harness, maintaining leash control with one hand while leaving the other hand free to grip the guide’s arm. Never talk to, feed, pet, or encourage a guide dog to play while it is in a harness, unless you receive permission from its owner. The guide dog is working and could be distracted by your actions.

Leaving. If guiding, let the blind or visually impaired person know that you are about to leave. If possible, ensure that the person is left in contact with a tangible object, such as a wall, or a table or chair. This will eliminate the uncomfortable feeling of standing alone in an open space and not having a reference point.

Tips for assisting someone in a wheelchair

Offering assistance. Do not push a person’s wheelchair without asking first. Offer assistance if you feel it is required, as you would for anyone else. The person in the wheelchair may or may not require your assistance. Advise the person of difficult terrain or danger zones in the area he or she will be accessing.

Communication issues. If you speak with a person in a wheelchair for any length of time, make arrangements to sit so you can communicate at eye level. If the person gets out of the wheelchair to take a regular seat, do not move the wheelchair out of their reach, unless asked to do so.

Facts about mental illness

  • Mental illness is a significant health problem in Canada;
  • An estimated 20% of the population suffers from some form of mental illness.

Recognizing people who suffer from mental illness

The range of behaviours you might observe in a person that indicate the presence of mental illness is very broad. But some things you might observe are:

  • Inappropriate or rapid changes in behaviour pattern – quiet person becomes talkative, when circumstances do not warrant it;
  • Evidence of a loss of touch with reality – cannot recall time, date or even who he or she is, confusion, talking nonsense, suspiciousness, hiding;
  • Loss of memory – unable to recall events of a few days ago, but has vivid recall of things from childhood;
  • Delusional beliefs – such as the government is spying on him or her, he or she has cement in their stomach, their heart has stopped, he or she is a famous (living or dead, fictional or real) person such as a prosperous executive, artist, secret agent, scientist;
  • Preoccupation, a fixed idea, not necessarily false, that takes on exaggerated importance and an inordinate amount of thought and conversation time;
  • Holds one-sided conversations, especially in public places;
  • Hallucinations – sees, hears, feels, smells or tastes things that are not there, such as voices from outer space, from woodwork;
  • Fearful, suspicious behaviour, pacing, restlessness; or
  • Social withdrawal, depression, apathy, lack of motivation, lack of interest, lack of energy, crying.

In terms of symptoms, the person who presents the greatest risk for violence towards others is the person who is paranoid. His or her aggression, however, is motivated out of a desire to protect himself or herself from a perceived threat.

Serious mental illness versus emotional issues

The symptoms of mental illness help to distinguish one type of disorder from another, but these symptoms vary widely in both kind and degree, and to a greater extent than the symptoms of physical illness. Because of this, it is sometimes difficult to tell whether or not a person is actually mentally ill.

In general, mental illness can be separated into two categories, serious mental illness (sometimes called chronic or long-term mental illness), and emotional problems (sometimes called neurotic disorders).

Serious mental illnesses include:

  • Schizophrenia;
  • Manic depressive illness (bi-polar); and
  • Depression.

 

In serious mental illness, the chemistry of the brain plays an important causal role. Schizophrenia, in particular, is now described as a genetic, biological brain disorder. Persons with depression or manic depression are known to have particular imbalances of the chemicals in the brain, and have most likely been born with a predisposition for these illnesses. This is why psychotropic drugs are used, along with psychotherapy, in treating these disorders, to restore the balance of chemicals in the brain.

An easy comparison is to diabetes, where a person is born with a predisposition to the disease. In some cases, healthy lifestyles, proper eating habits and the ability to manage stress will present or at least delay the onset of the illness. But once diabetes is diagnosed, regular medication, most likely insulin, will keep the person’s body chemistry in balance, and keep them symptom free. But it is a life-long problem that must be carefully monitored and attended to.

Serious mental illnesses work in a similar way. A person may be born with a predisposition for schizophrenia, manic depression or depression, but leading a healthy life, having good family supports and developing the ability to manage stress effectively may prevent or at least delay the onset of symptoms. But if symptoms develop and a diagnosis is made, like diabetes, regular medication is a big part of the solution.

Other mental health problems, (emotional problems) are the result of situations that temporarily affect a person’s ability to maintain their emotional balance, so to speak. Every person reacts differently to stress. While one person may become depressed and withdrawn, another person may become anxious and worried. These reactions may stem from situational problems like going through a divorce or other relationship problems, from past abuse, from losing a loved one, loss of a job, or a wide variety of other events people encounter in their lives. Many times, it is a life transition that is causing stress, like going from high school or university to the work world, or from the work world to retirement. But how each person reacts to these events is highly individual. Some of the emotional problems people may develop include situational depression, anxiety, phobias, psychosomatic illnesses, compulsions and obsessions, eating disorders, gambling problems, and alcohol or drug abuse.

Each of these is a different way individuals express or cope with the stressors in their lives, or from the past. When a person reaches a point that the above stressors are seriously affecting his or her life, it is sometimes referred to as a “nervous breakdown”. This is not a medical term that would be used by physicians or mental health workers, but it is used by the public in reference to a person who has become unable to deal with ordinary life, and may need to be hospitalized for their mental health problems. Unfortunately, for some people in this circumstance, family, friends and the community apply the label of “mentally ill”, and as such, the individual is feared or avoided.

Mental illness is not contagious, and the great majority of persons with either serious mental illness or other emotional problems are not violent in any way. These individuals are more likely to be harmed by others, or to harm themselves, than they are to harm anyone else. Suicide is a serious issue and is a leading cause of death for persons experiencing mental health problems, and particularly, among young aboriginal males. This devastating loss of life and potential is often referred to as, “a permanent solution to a temporary problem”.

Serious mental illnesses

Schizophrenia (literally “split mind”) – is confused with a split or dual personality. It is important to make this distinction. Schizophrenia is a biological brain disorder that is, in most cases, genetic (inherited). Symptoms usually appear in the late adolescence or early adulthood, and extreme mental stress will often trigger the onset of symptoms. Schizophrenia is a life-long illness, but acute attacks tend to come and go, and usually occur at times of emotional upheaval or personal loss. During those times when symptoms are under control, a person with schizophrenia is able to lead a healthy, productive life. Some people develop schizophrenia later in life, but this in not typical. It occurs in all races, cultures, and both men and women.

 

The symptoms of schizophrenia are divided into two categories, positive symptoms and negative symptoms. Positive symptoms include the hallucinations and delusional thinking mentioned above. Paranoia and irrational thinking is common. Negative symptoms are those that make day to day living a struggle and include social withdrawal, fatigue, apathy, lack of motivation, difficulty feeling emotion and a general slowing of thoughts and movements. People may mistake these symptoms as laziness, but for the person with schizophrenia, this is a part of the illness, and one aspect that is difficult to correct with medication. While many psychotropic medications effectively control the positive symptoms, only a few of them have any effect on the negative symptoms that can be very debilitating. Remember that most people with schizophrenia have adjusted to the illness and are living productive lives in the community. Much remains to be done, however, to improve the services and increase public awareness of the plight faced by these individuals, their families, and friends.

Manic-Depression. We all have changes in our moods that shift from moderate liveliness to moderate lethargy, depending largely on circumstances. A person who has the disorder called manic depressive illness has extreme mood swings that are not related to external events. Manic-depressive illness tends to be cyclical, with periods of elation and over-activity (mania), irregularly alternating with deep, profound depression. Periods of normality, sandwiched between these extremes, may last a short time or for several years. As mentioned previously, medication is a large part of the treatment of this brain chemical imbalance. A person with manic depressive illness will be on mood-stabilizing medication for his or her entire life. Difficulties arise when the person, feeling he or she no longer needs the medication because they feel “normal” decides to go off the medication, leading to a relapse.

Depression. Most people feel depressed occasionally. Depression is considered serious, however, when the depressed feelings persist, deepen, and eventually interfere with a person’s ability to function normally in his or her everyday life. At least 15 percent of the population will experience at least one period of depression severe enough to require medical help, though the symptoms may not be specifically identified as a depressive illness. Some types of depression tend to run in families. Depression can strike at any age, even in children. In children, depression will more likely express itself in conduct disorders or aggression. In the elderly, depression may be confused with dementia, as the most obvious symptoms may be confusion or difficulty concentrating. Often depression goes untreated in the elderly when it is considered a ‘normal’ part of ageing, rather than a treatable illness. But in any case, depression that is severe or persistent, needs to be treated.

Some final points to remember:

  • Strange behaviour is a part of the disorder. Don’t take it personally. No one is to blame;
  • People with mental illnesses are more likely to be harmed by others, or to harm themselves, than they are to harm anyone else;
  • You may need to ask the person if they are thinking of hurting themselves. Take all suicide threats seriously;
  • Try to warn back-up not to use flashing lights and horns, unless necessary;
  • You have a right to assure your personal safety. Trust your feelings and don’t take any unnecessary risks.

Those with physical problems that affect behaviour

Some people you meet will be physically sick, but it may seem like they are drunk or mentally ill. Here are some examples of physical problems:

  • diabetes – someone who is going into diabetic shock may stagger around or pass out in a coma;
  • severe infections, the flu, pneumonia – may cause dizziness, confusion, forgetfulness;
  • concussion or brain injury – may cause confusion, memory loss, aggression.

 

What you do when you meet these people may save their lives. Here are some things to keep in mind:

  • Never assume you know what someone’s problem is just by what you see;
  • Introduce yourself and ask how you can help;
  • Try to get more information by calmly questioning the person or witnesses;
  • Look for a Medical Alert bracelet or necklace – they contain important information about over 200 different ailments, from allergies to heart disease;
  • If the person is conscious, always ask permission before you touch them, and explain what you are doing;
  • If a person is not breathing, begin CPR if you are comfortable doing so, and if you have been trained. Make sure an ambulance is on the way before you try to help.

 

One of the risks of untreated serious depression is suicide

The last resort for someone who finds life unbearable can be suicide. In exceedingly rare cases a severely depressed person will feel forced to kill others as well as themselves, to spare them the agony of being alive. Some common myths about depression persist, and include:

Myth People who talk about suicide won’t commit it.

Fact About 80% of those who kill themselves have given warnings. Take all threats seriously.

Myth Suicide happens without warning.

Fact Many suicidal persons give warnings and clues beforehand.

Myth Suicidal people are fully intent on dying.

Fact Most attempted suicides are undecided about living or dying.

Myth All suicidal persons are insane.

Fact Studies of hundreds of suicide notes indicate that the suicidal person, in most cases, is extremely upset and not insane.

 

Other emotional problems that may require treatment

Anxiety. For most people, anxiety is a temporary reaction to stress. It becomes an illness only when it persists and prevents you from leading a normal life. Anxiety can be caused by severe stress, but in anxiety-prone people only slight stress or none at all, may be involved. People who have “free-floating” anxiety live in a constant state of apparently causeless anxiety.

Phobias. A phobia is an irrational fear of a specific object or situation. For instance, you may dread the sight or touch of a spider (arachnophobia), or you may have a morbid fear of heights (acrophobia). Such fears do not usually prevent a person from leading a normal life; they just simply avoid spiders or high places. Fear of confined spaces (claustrophobia) is more of a problem, since it may make you unable to use cars, trains and elevators. But most claustrophobic people manage to overcome their fears.

Some phobias, however, may make normal life virtually impossible. A common example is agoraphobia, which is generally defined as fear of open spaces. For agoraphobic people an open space may be not just a park or field but anywhere outside their own home. The phobia may also involve extreme shyness, a fear of society that is closely associated with the withdrawal symptoms of depression. If a person suffers from agoraphobia or any other phobia, the need to face whatever it is they fear can bring on the symptoms of anxiety including anxiety attacks.

Psychosomatic Illness. Almost every physical disorder has some connection with emotional factors. A psychosomatic disease, sometimes called a psychogenic disease, is one in which emotional factors are not merely present, but are dominant. You know from experience that your state of mind affects your body. For instance, your heart beats faster when you are excited or frightened, a stomach-ache often follows an emotional scene, fear can make you sweat, and so on. These are simple examples of the interaction of the body with the mind under stress. This appears to be the case, for example, in many skin disorders, migraine, some types of asthma, and some gastro-intestinal disorders.

The term “psychosomatic” should not be used in a derogatory sense, with the suggestion that psychosomatic illnesses are imaginary. They are not. They are real physical conditions and the symptoms/pain experienced by the person is real. There is much to be learned about psychosomatic illnesses. It may be that emotional stress is a final factor or “last straw” in precipitating health problems in people who have some genetic predisposition to a disease already. Significantly, a tendency to develop disorders such as asthma, eczema, irritable colon, or migraine under stress seems to run in families.

Compulsions and Obsessions. A compulsion is an unreasonable need to behave in a certain way. An obsession is an idea or thought that lodges in the mind and cannot be forgotten. Obsessive mental activity often leads to compulsive behaviour. At one time or another most people have minor obsessions and compulsions. On a certain day, for example, you cannot get a poplar tune out of your head. You are obsessed with it.

Or you may irrationally feel compelled to walk to work every day on the same side of the street. Obsessions and compulsive actions become disorders only when they are so intense and persistent that they interfere with normal life.

Psychopathy. A psychopathic person is by nature incapable of accepting the restraints that are normally imposed by the outside world. Psychopaths tend to be irresponsible, unable to hold down jobs, and incapable of having satisfactory relationships. Psychopathy might be described as a long-term mental illness that may or may not become a problem for the person and/or society. Some psychopaths achieve material or creative success in spite of their personality disorder. Most, however, are inadequate people who merely drift along through all or virtually all aspects of life and are almost constantly unhappy. A fair number of psychopaths become violent when they are frustrated, or habitually break the rules that create and maintain social order. Such psychopaths spend much of their lives in prison or under care.

As yet, no way of altering the psychopathic personality has been discovered. It is possible to treat the disorders to which psychopaths are susceptible, such as extreme depression, alcoholism and drug addiction. But the basic personality remains the same. Psychopaths have a unique kind of mental disorder, and because of their frequent forays into unlawfulness, you are bound to meet a good number of them. They are clever and may lie expertly. They may cheat, murder or steal due to the fact they often have a total disregard for social rules.

Doctors who are experts in the field of psychology do not know exactly what causes people to become psychopaths, but believe that it is due to things that may have happened to them when they were very young. However, some people who are extremely antisocial when young become more emotionally mature in middle age. Neither the courts nor the hospitals have found the best answer for handling this baffling mental disorder. Punishment does no good. As a matter of fact, it often makes such a person worse; therefore, no effective control suggestions can be put forward to assist you, except “Seek Medical Aid”.

Cases of physical illness with behavioural symptoms

Some people you will encounter are physically sick and yet act as though they are drunk or mentally ill. What you do may mean life or death to such individuals.

What are some of these conditions that may be mistaken? Diabetes is one, where a person may pass out in a coma or, if less sick, wander around deranged and confused.

Severe infections, the flu, pneumonia, and many other conditions can cause dizziness, confusion, short tempers and periods of forgetfulness. A person who has a brain injury, including concussion, may appear confused, irrational, have memory loss or amnesia, or be quite agitated and violent.

Medical identification

The Canadian Medic Alert Foundation issues, on request, bracelets or medallions and cards for over 200 different ailments from allergies to heart disease. The bracelet is normally worn on the left wrist and the following information will be found on the reverse side:

Medic Alert Foundation telephone #209-634-4917 (doctors or hospitals may phone for all medical information). This is a collect phone number.

  • Individual’s ailment/allergy
  • Blood group
  • Individual’s home phone number

Here are some things to keep in mind:

  • Show patience and respect;
  • Think about what you want to say before you speak;
  • Speak loudly enough for them to hear you, but don’t yell;
  • Speak slowly. You may need to ask them to speak more slowly also;
  • Use short sentences. Avoid difficult words or slang expressions like “stay put” or “hang in there” etc.;
  • Ask them only one question at a time;
  • Respect their personal space;
  • Use gestures, writing and drawing to add to your words;
  • Check for understanding. Ask them to repeat what you said. Don’t pretend you understand them if you don’t. Ask questions if necessary;
  • Smile;
  • Use friendly body language.

11.1 LEARNING OUTCOMES

Security Guards may be required to interact with diverse groups of individuals on a regular basis. At the end of this module, you should be able to understand the concept of respect for differences, identifying potential issues that may arise when dealing with a variety of people (e.g. communication difficulties, misinterpretation of gestures) and how to approach individuals in a way that minimizes miscommunication.

A good way to think about these issues is by:

  1. Recognizing one’s own biases and describing how these can influence situations
  2. Recognizing the impact of mental, physical, cultural and sexual differences on situational dynamics

11.2 CONSIDERATION OF OTHERS

As Security Professionals, a Guard will encounter people from many different walks of life when working on a site. It is important for the Guard to understand that each individual may have a special need depending on their culture, country of origin, religion, or may have a personal opinion regarding a sensitive issue. Guards must always appear to be unbiased when enforcing the rules and regulations as the appearance of bias could jeopardize the integrity of the situation, escalate a situation into a violent one, or create a negative impression of the client they are representing. The Guard is in a unique position of authority when dealing with situations. Making prejudicial views or other related inappropriate behavior can cause significant problems for other persons.

Human Rights And Diversity

Canada is a country that prides itself on its diverse and multicultural society. A good portion of the population in Canada is made up of people from various countries that have come to Canada to seek a better life. Diversity in the population in Canada presents a variety of different barriers that can hinder the Security Guard in performing their duties. The largest obstacle that the Security Guard will have to face with the diverse population of Canada is the language barrier. Spoken word is the most utilized form of communication throughout the world. Written words can be translated easily, when required. Spoken word, however, can be difficult to translate while the Security Guard is on site. In the course of performing his/her duties the Security Guard will encounter a broad range of individuals, all of whom will have varying degrees of fluency with one or both of Canada’s official languages. Some Canadians speak little or no English or French. The Security Guard must take into consideration the fact that these individuals are trying to communicate the best way that they can. Extra consideration and patience should be given to these individuals.

The Security Guard must do everything in their power to assist the individual the best way that they can. This can include getting the assistance of people around you, or getting help in translation from the people accompanying the individual. Diagrams can also help the Security Guard if they know that the person is asking for directions.

Providing Assistance To Young People

Security personnel often come in contact with young persons, ranging from infants to young adults. Despite the age range it is important to recognize that everyone is entitled to the same level of respect and consideration. In some cases, this will require patience and understanding.

It is common for very young children to be confused about the role of the Security Guard in society. To a child a Security Guard may be indistinguishable from a police officer. Depending on how the child was raised, the child’s reaction to the Security Guard may range from respect to fear.

It is important that the Security Guard attempt to reassure a child that he/she should not fear the guard. By appearing open and friendly, the Security Guard may reduce any fears the child has. Guards should avoid “towering” over children because sometimes the differences in height cause the child to be intimidated or afraid of the guard. A Security Guard could easily “crouch down” or kneel when speaking with very young children.

Older youths (12 – 18 years) are usually more aware of the differences between the role of a Security Guard and a police officer. At times, the youth may try to test the Security Guard’s authority. It is important to remember that as a professional, a Security Guard should be aware at all times of the range of their authority, and not be encouraged into over-stepping their authority in order to deal with youth who wish to test them. It is also important for the Security Guard to remember that youth in this age range are entitled to all the protections afforded any person under the Charter of Rights and Freedoms.

However, not every older youth is out to cause trouble and therefore should not be treated as though they were. Whenever dealing with older youth or young people, the Security Guard must be firm but fair. Youth may attempt to bargain with the Security Guard if the Guard allows them to, and forget the infraction. This is a contradiction of the duties that have been assigned, as well as the guidelines of the law. The young person should understand that you are there to perform a duty and it is your responsibility to see that the duty is performed responsibly, properly, and thoroughly.

Young people can be very confrontational and defensive with respect to authority in general, and especially with Security Guards. This should definitely be taken into consideration when the Security Guard is dealing with a young person. Just because the Security Guard has been placed in a position of authority does not give the Guard the right to deal with young people in a different way than they would deal with an adult. Young people deserve the same respect that adults do, and this should be reflected in the Guard’s dealings with this demographic.

Young people may have a bad habit of belittling a Security Guard by calling the Guard a variety of derogatory names. This does not give the Security Guard the authority to arrest or detain the individual responsible. If the Security Guard is in a position where they have to deal with those kinds of comments, the Guard should approach the individuals and ask them to stop, as those comments are not warranted. If the individuals persist in calling the Guard names, then the next step is to ask them to leave the property. The Security Guard must also inform the individuals that they are on private property and if they do not leave, then they are considered trespassing and the Guard will have every legal right to arrest them for trespassing and call the police. The Guard should also inform the individuals that if the police are called, then they will be forcefully removed from the premises and possibly charged with trespassing. In these instances, the Guard should verbally warn the individuals that they are banned from the site, and if at all possible the Guard should fill out a Trespass Notice. The Trespass Notice might not be possible to put into effect since the Guard has to fill out such a notice, and the respondent will not usually be cooperative and may refuse to provide the information necessary to complete the Trespass Notice.

All young people that the Security Guard comes into contact with must be treated with respect. They have as much right to be at the site as anyone else. If the Security Guard believes that the young people could be suspicious, they should be observed and followed out of the site, the same way as the Guard would deal with any person who seems suspicious.

It is also very important for a Security Guard to recognize that he/she would be considered a “person in authority” by the courts especially when dealing with young persons. Therefore even if consent was given by the young person for the Security Guard to do something, the argument in court would be whether the young person felt forced or obliged to consent to the behaviour.

Occasionally the Security Guard and the youth are close in age. It is always possible that one, or both, may be romantically attracted to the other. Should this occur, the Security Guard must be aware that his/her actions may be seen as inappropriate given the possibility that the other person (or people reviewing the actions of the guard) see the guard as a “person in authority”. The actions of the guard in either initiating or pursuing a relationship may be interpreted by those reviewing the actions of the guard as using his/her authority for sexual purposes. This determination, whether true or not, only jeopardizes the guard’s and company’s reputation.

Communicating With The Public – Statements To The Media

Your employer and the client will establish guidelines for when and how you are to communicate with the public. As a Security Guard, you are acting as an agent of the property owner and as such, have no obligation and no right to release any information to the press or the public unless it is information that would normally be required for the safety of the people on site. Read the post orders on site when you arrive for any specific guidelines on the policies for the release of information. In situations where you are unsure of how your employer’s instructions would apply, call your supervisor. When in doubt, it is usually safer to choose to say nothing rather than the wrong information. If you are pressed, politely state your inability to comment and refer the person requiring the information to management, or even better, the designated public relations or media contact.

 

Harassment And Discrimination

Harassment is a serious matter. It can be grounds for a criminal charge. Therefore Security Guards must resist the temptation to make any comments or jokes that might be taken as sexual harassment or discrimination. Women and men are equally capable of carrying out the duties of their jobs and should be treated as such. When dealing with either a team member or a suspect of the opposite gender, remember to respect their position as a person above all. Sometimes people make assumptions based on whether the suspect is male or female. This is not only wrong, it is discrimination.

Women may resort to violence and there are times when men are not the aggressor. Nevertheless, male violence towards women occurs at a higher rate. If you are placed in a situation where you have to deal with violence between two people in any combination of genders, carefully consider the situation before attempting to draw your own conclusions and treat both the injured party and the aggressor with equal respect. It is unacceptable to make comments of a sexual nature to your own co-workers regardless of their gender. Fraternizing between Security Guards is also not permitted.

Under the Canadian Charter of Rights and Freedoms every Canadian has a right to expect to be treated with equal respect. Remarks directed to a person’s race, gender, sexual orientation, or religious identity are completely unacceptable in the workplace and have no place in your notes except as identifying characteristics. You may, for instance, say a suspect is female and appears to be of Asian descent, but you may not say someone looks gay or is obviously a bad driver based on their race or gender. Likewise, it is unacceptable to make comments about sex, racial biases, or religion to your co-workers. Canada does not support bigotry in any form. As Canadians, we consider our multiethnic and multiracial identity to be one of the defining strengths of our nation.

Culture and/or religious differences often create misunderstandings between individuals. In some Asian and African cultures it is not considered polite to make eye contact, especially with authority figures. Other cultures may prohibit open discussion between males and females. Some religions require specific modes of dress or behavior on particular days. It is unrealistic for you to assume an awareness of all the many cultural, religious, and linguistic variations that colour Canadian society, therefore the Guard must be willing to offer respect to all individuals you encounter on your patrols, regardless of how foreign their language or behavior may seem to be. In Canada, most people will try to speak either French or English. If you encounter individuals who are not capable of communicating in either official language, look for help. They may have a friend or family member nearby who can translate for you or there may be someone working on the site with knowledge of their language. If you do your best and if you do it respectfully, you are unlikely to go wrong.

 

Avoid Hot Topics

Guards should never discuss religious or political views while working

Such topics are controversial, and many persons have very intensely focused viewpoints on the subjects. When dealing with the public, it is imperative that we never take any sides. As Guards, our work is best done when situations are approached and documented in a non-biased manner. A member of the public’s views can change dramatically when something that they hold in high importance is challenged.

Guards should never use discriminating language while interacting with people

Discriminatory behavior is inappropriate in any situation, however when this language is used by a Security Professional, it becomes dangerous. Derogatory and discriminating comments will only cause frustration and anger, creating animosity and conflict between the parties involved, and will almost certainly escalate the situation. By using this type of language, we are essentially provoking the conflict. Should the situation turn to violence, the Guard in this case would not be able to use the defence of self-preservation to justify his or her actions.

Furthermore, the majority of people possess cameras, video recorders, smartphones, or other electronic devices capable of recording audio and video that can be used to document the behavior of anyone. Some of these devices are contained within portable communication devices, toys, and other pieces of technology which are carried by many people all the time. It is likely that any kind of public display of inappropriate behavior could easily find its way to a media source, and can cause a great deal of bad publicity for the Guard, the Company, and their Clients.

Guards should never single out any person based on appearance

As a Guard, we are only concerned with actions and issues that present a risk factor to the integrity of our sites. Some criminal perpetrators will also change their appearance to appear less conspicuous or suspicious to Security personnel. By focusing on factors such as skin colour, mode of dress, religion, or sexual orientation to name a few, we are limiting our ability to properly protect our site because we will be providing the opportunity to act improperly to everyone else.

Consequences

All Guards must be aware that their actions have consequences. They are given the authority to enforce the laws and rules of and on their assigned sites, and must never be motivated by any other factor than the administration of the law. There are many consequences to such actions if they are exhibited by the Guard, including:

1. Criminal Charges – In cases where the Guard inappropriately directs legal actions against another person or commits an offence motivated by racial and cultural factors, they are culpable under the appropriate sections of the Criminal Code of Canada.

2. Provincial Offences Notices – Fines of up to $25,000.00 can be issued to the Guard under the Private Security and Investigative Services Act’s Code of Conduct.

3. Internal Disciplinary Actions – Ranging from removal from site to termination of employment.

12.1 LEARNING OUTCOMES

At the end of this module, students should be able to reasonably explain and identify:

1.) The difference and authorities of a Peace Officer and a Private Security Guard.

2.) Section 25 of the Canadian Criminal Code.

3.) Reasonable Grounds.

4.) Section 26 of the Canadian Criminal Code.

5.) Section 27 of the Canadian Criminal Code.

6.) Define I.M.O.

7.) The National Use of Force Framework.

8.) Positional Asphyxia and Excited Delirium.

9.) De-escalation Techniques

12.2 USE OF FORCE TRAINING

Use of Force by Security Guards

During the duties assigned to a Security Guard, he or she must be able to assess whether the application of force is necessary. The intent of this section is to present some of the issues that a responsible security guard will consider in determining if the application of force is required, and if required, what degree of force is necessary.

 

Security Guards and Peace Officers

The differences between Peace Officers and Security Guards are numerous, but none more critical than when assessing the need for the use of force. There is a big difference between the force that can be exercised by a Security Guard and that which can be applied by the Police. Police are often given extra powers when protecting the public from imminent danger. Security personnel, while they are enforcing the same or similar laws, are limited in their application of force because their duties do not require them to endanger their own safety for the greater good.

Many people believe that Security Guards are hired for the same reasons as police: to deal with criminal perpetrators. In actual fact, the most common reason a Security Guard is hired today is not due to the expectation of criminal activities, but rather to remain compliant with insurance conditions. For example, if a client is having a large scale event with 500 people in attendance, then their insurance company may require one or more Guards due to the size of the group expected to attend. If there was an emergency that required evacuation, it would be very difficult to evacuate 500 people from a single structure without some level of coordination from responsible parties. The presence of a trained Guard reduces the likelihood that someone will be injured in a way that extends liability to the insured.

Security Guards must be mindful that their job does not allow them to act as Police. When a Guard oversteps his or her boundaries, it is more likely that an incident will escalate to one of violence and that force will be used. Such incidents can result in serious liability to the client, the company, and the individual Guard themselves.

 

The Law Governing the Use of Force

While under some circumstances the Criminal Code (Canada) may provide protection for a Security Guard who uses force, it also clearly holds the guard who uses too much force, or who uses force inappropriately, accountable for his or her actions. There is no carte blanche authorization that will guarantee the legal or moral protection of an individual using force on another. Instead, as we shall see, the test focuses on the reasonableness of the actions given all of the circumstances.

The logic behind this limited coverage is that with the authority to take action also comes responsibility for those actions.

Section 25 of the Criminal Code (Canada) is the general clause that protects persons who are acting with some legal authority that use force in the execution of those duties. This section holds in part:

Protection of Persons Acting Under Authority

25(1) Every one 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 peace officer or public 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.

 

This section provides protection for persons who must use force to carry out their responsibilities. This means if you have to use force to make an arrest, or to remove a trespasser, or to conduct a search, or seize articles that may lawfully be seized, you are both justified and protected as long as your actions are reasonable in the circumstances and the amount of force used is no more than is necessary to accomplish the job.

Section 25 would protect an individual from criminal liability if the “trier of fact” (a court reviewing the circumstances after the incident took place) concluded that the person using the force acted on reasonable grounds, within his or her lawful authority, and used only as much force as was necessary to carry out those duties.

 

Authorized or required by law this section means that the individual taking some action is doing so within his or her lawful authority. Generally speaking, Security Guards have fairly broad authority under the Criminal Code. For example, arresting an offender who is in the process of committing an offence is permitted under the Criminal Code, provided that certain conditions exist. Arresting individuals may be one of the duties assigned to security. The use of force to effect an arrest may be permissible, if an offence had been committed, because the reasonable person would conclude that force was necessary, and if the force used was no more than necessary.

 

Again, note the return to the “reasonable grounds” test in this section. The word “reasonable” is not defined in this portion of the Criminal Code, but case law – the way the law has been interpreted by Judges of all levels of Court since it was first introduced – creates the standard known as the “reasonable person test”. This test involves posing the question of what a mythical “reasonable” ordinary, cautious and prudent person would do in similar circumstances.

 

No more force than is necessary means the absolute bare minimum level of force that is required to perform the duty is used. The reasonable person, looking at the situation, would feel that there is a maximum level of force that can be used, given all of the circumstances at hand. Exceeding this maximum amount and using more force than is necessary is likely to result in criminal or civil liability.

 

Force, which is intended or likely to cause death or grievous bodily harm, can only be used to preserve oneself or someone else from death or grievous bodily harm. The use of deadly force on an individual fleeing the scene of the crime or escaping arrest would not be justified, for example.

 

(3) 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.

Anyone who uses force when it is not necessary or lawful, or who uses an excessive amount of force given all of the circumstances, may be held criminally and/or civilly responsible.

Sections 25 and 26 of the Criminal Code (Canada) must be read together. Section 26 states:

 

Excessive force

  1. Everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

 

If you use excessive force, you could be charged with assault. This section normally does not come into play in circumstances where the reasonable person could easily conclude that the force used was less than excessive. It usually comes into use in circumstances where the use of force was, to an objective bystander, clearly more than what was required, such as where a prisoner is seriously injured or killed when it was clear the task might have been accomplished with less force. However, even a small amount of force used might be enough to seriously injure or kill, depending on the circumstances. The courts also regard the matter with the crystal clear vision of hindsight. Caution should be used in the exercise of force, as the repercussions of a hasty decision may continue to haunt you for years to come.

 

Section 27 of the Criminal Code (Canada) protects a person who used force to prevent an offence where a person could be arrested without warrant and that would likely cause immediate and serious injury to a person or property.

 

Use of force to prevent commission of offence

  1. Everyone is justified in using as much force as is reasonably necessary:

(a) to prevent the commission of an offence:

(i) for which, 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 [and probable] grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

The Importance of Monitoring the Environment means…

When dealing with circumstances that may potentially lead to the use of force, a security guard must constantly monitor and assess the environment. Things like the body language, tone and volume of the person or persons that you are dealing with, sudden movements, and the addition (or removal) of other individuals in the immediate area may impact on whether the use of force may become necessary.

 

Perception is the first step in appropriately dealing with the situation. Once objective, rational observations of the situation have been made, a Security Guard will be able to better determine an appropriate response to the situation.

 

In the interest of avoiding the use of excessive force, it would be useful to have absolute guidelines, describing every possible situation that might potentially result in conflict, and listing the correct amount of force to be used in each situation. Unfortunately, because so many variables must be considered, such a list is not possible.

We can however, outline some factors that may become important in the decision to use force, and in determining how much force is necessary in the circumstances:

  1. Urgency. The need for immediate action may limit the ability of an individual to properly assess the situation. Training and experience are the key to recognition of possible danger and the timely, professional and appropriate response to it.

 

  1. Numbers. When a Security Guard finds him or herself facing greater numbers, the level of potential danger in the use of force rises significantly. In these circumstances, discretion may indeed be the better part of valour. By the same token, when security enjoys the advantage of greater numbers, it is harder to justify the use of force.

  1. Skill Comparison. When a Security Guard decides physical force is necessary to establish control, the officer must compare his/her own physical ability with the ability exhibited by the subjects. A visual assessment of the subject is essential.

Factors that contribute to the Security Guard’s assessment are:

  • Size;
  • Injury/fatigue;
  • Age;
  • Sex;
  • Physical condition;
  • Skills (when demonstrated);
  • Officer’s confidence in ability to execute a particular skill;
  • Enforcement obligation.

 

The officer will then compare his/her potential for achieving control to the subject’s potential to resist. The differences and respective advantages/disadvantages will impact on the decision, and level of force.

  1. Demonstrated Threat. Any response will be directly influenced by any perceived level of threat demonstrated by the subject (verbal or physical danger cues). Through the I.M.O. Method, an individual may be able to make an accurate threat assessment:

 

The acronym I.M.O. means:

I = INTENT

The subject indicates his/her intentions through verbal or physical acts.

M = MEANS

The subject affirms the intent by showing or suggesting that weapons are available to him/her.

O = OPPORTUNITY

The subject is in a position to carry out his/her intentions with means available to him/her.

  1. Special Knowledge. Access to information on specific individuals from others in the security industry and with police agencies may provide additional knowledge of a subject’s potential behaviour. This special knowledge may prompt the Security Guard to consider a specific force option based on the subject’s past history. The special knowledge gained through experience will often assist in making a preliminary threat assessment based on the type of incident to which he/she is responding.

  1. Situational Environment. The immediate environment of the incident may also affect the decision to use force. The Security Guard may wish to consider factors such as:
  • Confined surroundings;
  • Weather conditions;
  • Clothing;
  • Footing;
  • Innocent bystanders in the area;
  • Light conditions.

Excited Delirium

Excited Delirium is a medical condition by which the behaviours of individuals afflicted by it can be considered to be highly aggressive and resistant to pain. It has been linked by some to incidences of death during the application of force in an arrest situation, and can be caused by a number of factors, although stimulant drug use such as Cocaine is prevalent in some cases. When in a state of Excited Delirium, the subject can act aggressively and may not respond to normal verbal and physical tactics. Some have described a higher than average tolerance to pain, making apprehension difficult and dangerous.

 

Death can occur, in some cases, due to Positional Asphyxia, where the subject can have difficulty putting enough pressure on his/her diaphragm in order to inhale and exhale properly. It can also occur due to Compressive Asphyxia, where too much pressure is placed on the chest or abdomen of the subject, causing a disruption in respiration. This is often due to the extreme response required to subdue an individual when such a situation seems out of control. If someone is showing signs of excited delirium the chances of death are much higher. If you must hold someone down, make sure that there is no pressure on their chest. Never put someone face down, but if they end up that way get them on their left side and hold down their arm and head or, if possible, get them into a seated position as soon as possible. Get help and always monitor a restrained person.

One of the biggest issues for private security personnel is the identifying the close resemblance to symptoms of Delirium Tremens, a condition caused by alcohol abuse. This condition is frequently seen in individuals that guards deal with on a day to day basis, especially if working in central urban locations that homeless people frequent. This condition causes hallucinations, paranoia, and incoherent speech. As such, there is likelihood that a guard may misinterpret the signs and possibly exercise the incorrect level of force. In all cases, guards should be instructed to keep themselves in a safe location and work in conjunction with Police agencies when a suspected case of Excited Delirium or Delirium Tremens is witnessed.

People suffering from Excited Delirium:

  • Have great strength;
  • Do not seem to feel pain;
  • Are agitated and excitable;
  • Are aggressive – may show violence towards themselves and others;
  • Are paranoid;
  • Are very hot and perspire a lot.

You may see signs of:

  • Disorientation;
  • Hallucinations;
  • Hostility;
  • Panic;

Behaviours they may exhibit are:

  • Swearing or shouting which doesn’t seem to make any sense;
  • Removal of clothing (because of the excessive body heat);
  • Damaging of objects – especially glass;
  • Sudden quietness after frenzied activity;

 

Those experiencing Excited Delirium can seem normal until they are challenged. If possible, do not excite, confront or agitate people who are delirious.

There are many possible causes for Excited Delirium. They include:

  • Drugs – for medical purposes or street drugs;
  • Schizophrenia and other mental illnesses;
  • Head trauma or brain tumors;
  • Fever;
  • High blood pressure;
  • Asthma;
  • High and low blood sugar;
  • Heart disease;

 

Use of Force Objectives

A number of Use of Force Guidelines have been developed to assist law enforcement and security practitioners with the complex issues of ‘decision’ and ‘articulation’. These guidelines were designed as a method for security practitioners and their trainers to explain the rationale for using necessary force.

In November 2000, the Canadian Association of Chiefs of Police released a Use of Force Framework that all persons performing an enforcement related function can follow when faced with situations where physical confrontation and violence is a very real and serious possibility. This framework is designed to assist people in assessing a conflict situation, understanding the circumstances that lead to physical confrontations, and recognising what situations require the use of physical force. While it was designed primarily for Peace Officers, the framework can be applied to any person involved in the enforcement of the law. The framework consists of six basic principles that must be considered when deciding whether the use of force is appropriate.

  • The primary responsibility of a Peace Officer is to preserve and protect life.
  • The primary objective of any use of force is to ensure public safety.
  • Police officer safety is essential to public safety.
  • The National Use of Force Framework was constructed in consideration of Federal statute law and current case law.
  • The National Use of Force Framework is not intended to dictate policy to any agency.

 

The Use of Force Assessment Process

The process of assessing a situation involves three factors:

  1. The Situation

There are six different conditions identified in the Use of Force framework that can characterize a situation. In all cases, Security Guards should consider all of these conditions when the decision to use force must be made.

 

  1. Environment – includes weather conditions (such as rain, snow, wind, and heat), time of day (whether it is daytime or night), location (inside or outside, residential, commercial or industrial blocks and neighborhoods), and the position relative to the situation.
  2. Number of Subjects – This will greatly influence the decision to use force. The guard must consider how many subjects there are and weigh that against how many people are present to act as back-up for the guard. For example, there is always strength in numbers, and therefore when presented with a single subject who is agitated and abusive, it may not be required to use physical force if there are three security guards present.
  3. Perceived Subject Abilities – Often there are observable characteristics that can help a security guard determine the subject’s abilities in a physical confrontation. Their size, emotional state, level of intelligence, level of intoxication, and strength can be easily identified.
  4. Knowledge of Subject – If the guard is aware of the subject’s criminal history, reputation, or if the guard may have had prior contact with the subject(s), it can help determine the level of danger present when dealing with the subject. For example, if the subject is known to carry knives, the guard would keep at a safe distance and relay information as to the subject’s whereabouts and activities to the local authorities.
  5. Time and Distance – These are conditions that determine whether a response must be immediate or whether a delayed response may be used. For example, if an individual charges a guard with a weapon, an immediate response is necessary; whereas if the individual threatens to return the next day with a weapon, the guard would instead contact the police. Also, if a guard is watching a crime in progress on a video monitor, the distance they would have to travel to the scene and the time it would take for them to arrive would greatly influence their decision. If they observe a situation of personal violence against another person and it would take twenty minutes to get to their location, the response would be different than if the incident was taking place a few meters away.
  6. Potential Attack Signs – A subject may exhibit behavior that can help determine whether or not they are about to attack. The following were identified by the Canadian Association of Chiefs of Police as signs of a potential attack:
    1. Ignoring the officer/guard
    2. Repetitious questioning
    3. Aggressive verbalization
    4. Emotional venting
    5. Refusing to comply with lawful request
    6. Ceasing all movement
    7. Invasion of personal space
    8. Adopting an aggressive stance
    9. Hiding

 

  1. Subject Behaviors

Five different categories of subject behavior are identified in the framework. They are all subject to the perception of the officer/guard at the time of the situation.

 

  1. Co-operative – The subject responds appropriately to the officer’s presence, direction, and control.
  2. Resistant (Passive) – The subject refuses, with little or no physical action, to cooperate with the officer’s lawful direction. This can assume the form of a verbal refusal or consciously contrived physical inactivity.
  3. Resistant (Active) – The subject uses non-assaultive physical action to resist, or while resisting an officer’s lawful direction. Examples would include pulling away to prevent or escape control, or overt movements such as walking toward or away from an officer. Running away is another example of active resistance.
  4. Assaultive – The subject attempts to apply, or applies force to any person; attempts or threatens by an act or gesture, to apply force to another person, if he/she has, or causes that other person to believe upon reasonable grounds that he/she has, present ability to effect his/her purpose. Examples include kicking and hitting, but may also include aggressive body language that signals the intent to assault.
  5. Grievous Bodily Harm or Death – The subject exhibits actions that the officer reasonably believes are intended to, or likely to cause grievous bodily harm or death to any person. Examples include assaults with a stick, knife, or firearm, or actions that would result in serious injury to an officer or member of the public.

 

  1. Perception and Tactical Considerations

The framework states “How an officer sees or perceives a situation is, in part, a function of the personal characteristics he or she brings to the situation”. Essentially, they must not only assess the subject’s abilities, but their own as well. These include factors such as strength and overall fitness of the officer/guard combined with any injuries they may have, their exposure and experience with/to similar situations, their level of training, fatigue, stress, cultural background, and their visual abilities.

 

The officer/guard must also take into consideration the overall picture and must think tactically in these situations. It may be better for the overall situation to disengage from the incident until backup arrives, or conversely it may be required to act at considerable risk to one’s own safety due to a lack of available backup combined with the immediate risk to the life of a third party.

 

Use of Force Options

There are five options when the guard is presented with a situation where force can be used. Failure to use the appropriate level of force can result in severe forms of liability on the part of the individual guard. The following outlines the various options and their application within the Use of Force Framework.

  1. Officer/Guard Presence – In some situations, the presence of the guard may in fact deter an escalation of events. By approaching the situation from a vantage point where all parties can observe the presence of the guard, it will increase the likelihood of legal consequences which they will be forced to take into consideration in their decision making process.

 

  1. Communication – An officer/guard can use verbal and non-verbal communication to control and/or resolve the situation. Tactful speech and a courteous attitude will help reduce the likelihood of escalation. It is also important for the officer/guard to understand that they must never raise their voice or speak in an aggressive tone. These actions almost always lead to an escalation to violence and must be avoided at all costs.

 

  1. Physical Control – When physical control is exerted over the subject, guards must be mindful that there is no single option when applying physical measures. In each instance the situation must be assessed and the correct level of force, either ‘Soft’ or ‘Hard’ techniques, must be applied. If the guard exceeds the level of force that is being used against them, it is likely the situation will result in civil or criminal charges being laid against them for excessive use of force.

 

Soft techniques are not likely to cause injury and may include maneuvers designed to restrain the individual or prevent them from continuing with an action. For example, this could be something as holding on to an offender’s shirt sleeve to prevent them from escaping custody. Hard techniques are designed to stop a specific behavior and may include strikes to the body (punches and kicks). This option should only be considered by security guards if there is a likelihood of immediate violent reprisal during a situation. For example, if during the application of soft techniques, the subject gains an advantage in the struggle, then there is a likelihood of violence against the guard if the subject manages to escape from the restraining maneuver. In this case, it may be required to strike at the person to maintain control and prevent escalation.

 

  1. Intermediate Weapons – This use of force option involves the use of a weapon whose use is not intended to cause serious injury or death. Baton and Pepper Spray fall under this category. Due to liability issues, security guards must never resort to this level of force unless there is an immediate risk of serious harm or death to themselves, or a third party, and then only to the extent that the guard can remove him/herself from the situation and call the authorities from a safe location. Guards must also be reminded that current legislation requires that all guards carrying Intermediate Weapons in the course of their duties must possess valid training, insurance, and license to carry such devices.

 

  1. Lethal Force – This use of force option involves the use of procedures and techniques that may cause grievous bodily harm or death. These should only be applied to situations where there is an immediate risk of serious harm or death to themselves or a third party, and then only to the extent that the guard can remove him/herself from the situation and then call the authorities from a safe location.

 

De-escalation

Your words and actions can take a situation to a lower or higher level of seriousness. Always act in a way that keeps a situation at the lowest level possible. Always try to find non-physical ways to handle any problem that may come up. These non-physical solutions include:

  1. What you say (verbal solutions)

Most situations can be resolved by talking. Whenever possible, use your communication skills to de-escalate a situation. There are sections on communication skills throughout this course.

  1. What you do (non-physical tactics)

Often just your presence as a security professional is enough to keep someone from committing a crime. However, there are also a number of things that you can do to avoid using physical force to solve a problem.

 

Some examples include:

  • Watching or following someone;
  • Calling the police and having them take care of a situation instead of becoming involved yourself;
  • Removing yourself from a situation that is escalating and calling the police;
  • Using numbers to your advantage. If other guards are available, you should have them help you before moving into a situation that could become dangerous.

 

Remember . . .above all else…

Your main duties are to observe, deter, record and report.

13.1 PLEASE READ

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15.1 LEARNING OUTCOMES

Upon completion of this module, students will be able to:

  1. Describe the role of private investigators
  2. List the types of investigations typically conducted
  3. Identify some of the legal limitations on investigators
  4. List some of the unique segments of the investigations market (ex. fraud, loss prevention, intellectual property protection)
  5. Explain the investigative process

15.2 PRIVATE INVESTIGATORS & INVESTIGATIONS

Private Investigators may work for:

  • an association and inquire into allegations of professional misconduct;
  • for insurance companies looking into potentially fraudulent claims
  • for licensed PI agencies that offer investigative services

There are many job opportunities in this large market in Ontario.

Professional investigators invest in ongoing professional development by:

  • consulting and meeting with industry peers
  • reading professional trade publications
  • attending industry events and networking
  • participate in ongoing education in this field

A good investigator will be inquisitive, possess common sense, good judgment, follow procedures and be objective. Any person performing the services of an investigator in Ontario must be licensed. They may make inquiries, collect information and make reports to groups such as:

  • private individuals
  • lawyers and law firms
  • insurance companies
  • other private firms
  • government
  • professional or regulatory bodies

 

Using techniques such as surveillance, targeted interviews and collecting open-source intelligence, investigators may be involved in building cases for:

  • private family matters (deaths, child custody, spousal)
  • insurance fraud allegations
  • location of stolen goods
  • workplace investigations (harassment, theft, discrimination)
  • theft of intellectual property, data or other assets

16.1 LEARNING OUTCOMES

Private Investigators must be familiar with the PSISA to ensure they follow the regulations and prohibitions, including the Code of Conduct.

At the end of this module, you should be familiar with some of the key points that affect individual licensees directly:

  • Licensing Requirements

  • General Rules and Standards of Practice (sections 34 and 40 of the PSISA)

  • Regulations

  • Code of Conduct
  • Eligibility to Hold a Licence – Clean Criminal Record

  • Public Complaints
  • Penalties for Contravening the Act

  • Limitations on Investigators

16.2 LICENSING

Note: Wherever the terms “Private Investigator” or “private investigation” appear, they include “Security Guard” and “security industry”.

 

This section introduces the student to his/her responsibilities as a Private Investigator under the PSISA. The Private Security and Investigative Services Act, 2005 (PSISA) regulates the private security and investigative services industry. As such, Private Investigators must be familiar with the PSISA to ensure they follow the regulations and prohibitions including the Code of Conduct.

 

According to the PSISA: “(2) A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information. 2005, c. 34, s. 2 (2).”

(3) Examples of the types of information referred to in subsection (2) include information on,

(a) the character or actions of a person;

(b) the business or occupation of a person; and

(c) the whereabouts of persons or property. 2005, c. 34, s. 2 (3).

Individual Licenses

In order to act as a Private Investigator, the individual must hold the appropriate license under this Act, and must either be employed by a licensed business entity, a registered employer under Section 5, or the sole proprietor of a licensed business entity or is a partner in a licensed business entity.

Individuals now are responsible for ensuring they are working with a valid license. They must renew the license card as per the Ministry guidelines, and they are responsible for any fees associated with the licensing process. In addition, each individual licensee is responsible for ensuring that they are working for an employer registered and recognized by the Ministry of Community Safety and Correctional Services.

 

Licensing Requirements (subsection 10(1) of the PSISA)

In order to be eligible for a Private Investigator licence, all individuals must:

  • Have completed the required training and/or testing.
  • Be at least 18 years old.
  • Possess a clean criminal record, according to the Clean Criminal Record Regulation (note: not all criminal charges or convictions will prevent a person from obtaining a Private Investigator licence. See below for more information on the Clean Criminal Record Regulation).
  • Be legally entitled to work in Canada.

People who apply for a Private Investigator licence will be required to show proof that they meet all of these requirements. If they are not eligible for a Private Investigator licence, their application will not be processed.

 

Eligibility to Hold a License – Clean Criminal Record

This regulation lists a series of criminal offences which are prescribed under the PSISA. Persons who have been convicted of any of these offences and have not received a pardon are not eligible for a Private Investigator licence, and any application they submit cannot be processed.

Persons who have been convicted of or charged with an offence that does not appear in this regulation may be eligible for a licence. The Private Security and Investigative Services Branch (PSISB) will need to review their file to determine if any restrictions should apply. The applicant may be given an opportunity to be heard in order to discuss their case.

Public Complaints

Members of the public may file a public complaint against any licensed individual or licensed company if they feel that a violation of the PSISA or its regulations has been committed.

Public complaints can lead to facilitation. As well, the PSISB may investigate the matter and as a result, charges may be laid against the licensee, a warning may be issued, or the licence may be revoked.

 

The Registrar is given the authority to issue or renew a license. A license may be refused where:

  • The fee has not been paid;
  • The applicant cannot reasonably be expected to be responsible as a licensee;
  • Past conduct suggests the applicant will not conduct him or herself with integrity;
  • The applicant has contravened the Act, the regulations, or a term or condition of the license;
  • The applicant has been convicted of an offence;
  • Issuing or renewing the license would be prejudicial to the public interest.

The Registrar may amend, suspend, or cancel a license for any of the grounds set out above or where the licensee:

  • Has made a material misstatement in the application for a license or the renewal of a license;
  • Has committed an act of misrepresentation, fraud, or dishonesty;
  • Is no longer a fit or proper person to carry on as a licensee;

Where a license is cancelled or suspended, the license must be returned to the Registrar.

  • The Registrar possesses the general power of investigation under the Act and in respect to the delivery of services. The Registrar may inspect the business offices of any person being investigated and may obtain a search warrant to enter a dwelling house.
  • Where the Registrar receives a complaint from a member of the public about a licensee, he or she may conduct any investigation necessary. The complainant must be advised of the results of the complaint. Any information received by the Registrar must be kept confidential, unless the Minister expressly authorizes its release.
  • The Registrar may apply to the court to obtain a search warrant.
  • Obstruction of the Registrar’s investigation is an offence under the Act.
  • The Registrar may apply to the court for a restraining order to prevent the violation or continued violation of the Act.
  • The Act prohibits certain behaviour. Licensees cannot:
    • hold themselves out as police officers or connected to a police service;
    • refer to government licensing or bonding in any advertisement;
    • use a name other than the one under which they are licensed;
    • use the term “detective” in describing themselves;
    • allow other persons to use their license.

Licensees Must:

  • Only wear a uniform approved by the Registrar;
  • Carry and present their licenses to anyone making that request;***
  • Comply with any terms and conditions of their licenses;
  • Be over 18 years of age;
  • Return their licenses to the Registrar when they expire, or are terminated, suspended, or cancelled;
  • Report to the Registrar any incident involving a member of the public involving the use of force or other unusual intervention.
  • Private investigators must always carry their licence with them when they are working. They must also identify themselves as private investigators, and show their licence, if a member of the public asks them to do so. However, these requirements only apply to people holding themselves out as private investigators. This means that individuals performing an undercover investigation are not required to carry or show their licence (particularly if it would endanger them or jeopardize the investigation).

16.3 THE PSISA

Note: Wherever the terms “Security Guard” or “security industry” appear, they include “private investigator” and “private investigation”.

 

The Private Security and Investigative Services Act, 2005 (PSISA, 2005)

A link to the complete Act can be found here: https://www.ontario.ca/laws/statute/05p34

 

In Ontario, Security Guards and Private Investigators are presently regulated by provincial legislation, called The Private Security and Investigative Services Act, 2005.

This legislation also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before employers could license an individual as a Security Guard.

These changes were introduced because the security industry had undergone significant changes in the years since legislation regulating the industry was first developed and implemented. The changes were viewed as necessary to ensure that both the public and the employees in the industry were adequately protected in performing security functions.

 

There are 8 parts to the PSISA, 2005, c.34

  • Interpretation and Application
  • Administration
  • Prohibitions
  • Licensing
  • Complaints and Investigations
  • General Duties and Standards of Practice
  • General
  • Regulations

Some of the more relevant sections are discussed here:

Offences

If a security guard (Private Investigator) willfully commits an offence under the Act, there are severe penalties that can be imposed by governing bodies. Security Guards commit an offence if they:

  • Knowingly furnish false information in any application or in any statement or return required under this Act or the regulations
  • Fail to comply with any order or other requirement made under this Act or the regulations
  • Fail to comply with a condition of a license
  • Contravene or fail to comply with any provision of this Act or the regulations

In the case of a person other than a corporation, a first offence may result in a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

In the case of a corporation, the first offence may result in a fine of not more than $250,000. In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.

Identification of Private Investigator

When new legislation came into force, the guidelines with respect to the identification of Guards and PIs changed significantly. While working, every Guard (PI) shall, upon request, produce his or her license for inspection to any person. Much like Police are required to produce their badges, Security Guards must be able to properly identify themselves when enforcing the law on their sites.

35. (1) Every person who is acting as a Security Guard or holding himself or herself out as one shall,

  1. Carry his or her license;
  2. On request, identify himself or herself as a Security Guard; and
  3. On request, produce his or her license. 2005, c.34, s.35(1).

General Rules and Standards of Practice

These are some of the rules that Security Guards must be mindful of during their day-to-day activities. They can be found between sections 35 and 40 of the PSISA.

  • Security Guards must always carry their licence with them when they are working (including “plain-clothes” Security Guards, e.g. loss prevention personnel or bodyguards). They must also identify themselves as Security Guards, and show their licence, if a member of the public asks them to do so.
  • With the exception of bodyguards and loss prevention personnel, Security Guards must wear a uniform while working. See below for further information on the Uniforms Regulation.
  • Security Guards are prohibited from carrying any symbol of authority, other than their licence and uniform (for example, a metal badge is prohibited).
  • Security Guards are prohibited from holding themselves out as police officers, or performing police-related duties. For this reason, they are also prohibited from using the following words when referring to their work as Security Guards:
    • Detective or Private Detective
    • Law Enforcement
    • Police
    • Officer

For example, Security Guards are prohibited from referring to themselves as “security officers”.

 

Licensee May Not Act As A Collector, Etc.

Security Guards cannot act as a collector with respect to the collection of accounts, acting as a bailiff, assisting with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).

Protected Witnesses

(2) No person who holds a licence to act as a private investigator or security guard shall act or hold himself, herself or itself out as being available to act with respect to,

(a) locating a person known or suspected by the licensee to be a member of a witness protection program; or

(b) gathering information about any person known or suspected by the licensee to be a member of a witness protection program for the purpose of enabling the person to be located. 2005, c. 34, s. 9 (2).

17.1 LEARNING OUTCOMES

Private Investigators should have a basic understanding of the various statutes that apply to their field in Ontario, and should be familiar with criminal, civil, case and common law and know the difference between Provincial and Federal statutes. It should be noted that the Private Investigator may obtain/require further training on statutes that are relevant to his/her specific position and that the legislation addressed in this section is the most common to the Private Investigation sector.

Private Investigators are only expected to be aware of this legislation as it pertains to their roles. The primary focus should be on best practices with respect to acquiring information in the context of relevant legislation.

You should also be able to reasonably:

  • Describe Health and Safety regulations that may be applicable to investigators.
  • Describe what constitutes a “reportable incident and the investigation requirements and typical report components

17.2 PIPEDA

Private Investigators frequently deal with the collection, storage, dissemination and destruction of highly sensitive information. They should be familiar with the procedures and regulations with respect to accessing and managing this kind of information, and should learn how to obtain government information according to the freedom of information laws that apply to the different levels of government. Private Investigators working for organizations are also limited in terms of what third party personal information they can collect, use and disclose.

 

Don’t stress! Privacy legislation is complex. This lesson is not meant to be an exhaustive description of privacy legislation. Investigators will need to familiarize themselves with the basics of privacy legislation and adhere to company policies concerning access to and the dissemination of private information.

 

It is a good exercise to think about what information is private, or personal information. A working definition could be “information about an identifiable individual which includes any factual or subjective information about that individual”, for example:

  • name, age weight, height
  • birth date
  • physical description
  • gender
  • race, ethnic origin, colour, marital status
  • religion
  • address
  • telephone number
  • medical records, blood type, DNA code, fingerprints
  • education
  • employment history, record of absences
  • income, purchases, spending habits
  • credit records, loan records
  • political affiliations and beliefs
  • opinions about the individual
  • visual images such as photos and video where individuals may be identified

 

Federal privacy laws

Canada has two Federal privacy laws, the Privacy Act, which covers the personal information-handling practices of Federal government departments and agencies, and the Personal Information Protection and Electronic Documents Act (PIPEDA), the Federal private-sector privacy law.

 

Provincial laws – Ontario

 

Read the Personal Information Protection and Electronic Documents Act (PIPEDA), Freedom of Information and Protection of Privacy Act (FIPPA), and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). Note the sections that apply to the handling of information and the ability to access government information

 

Personal Information Protection and Electronic Documents Act (PIPEDA)

http://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html

PIPEDA is a federal statute, which sets out rules that govern the collection, use and disclosure of personal information by organizations engaged in commercial activities. A licensed business entity engaging in an activity regulated by the PSISA is likely subject to PIPEDA.

PIPEDA is a consent based statute. This means that licensed business entities are limited in what third party personal information they can collect, use and disclose when they do not have the consent of the person to whom the personal information belongs. For example, many of the items included in a credit report are considered personal information and are protected by privacy laws. Therefore a credit check can be conducted with the consent of the subject.

In general, PIPEDA applies to organizations’ commercial activities in all provinces, except organizations that collect, use or disclose personal information entirely within provinces that have their own privacy laws, which have been declared “substantially similar” to the federal law. In such cases, it is the substantially similar provincial law that will apply instead of PIPEDA, although PIPEDA continues to apply to federal works, undertakings or businesses (FWUBs) and to inter-provincial or international transfers of personal information.

Unlike provinces like B.C., Alberta and Quebec however, Ontario’s private sector privacy legislation has NOT been deemed substantially similar to PIPEDA (except in the area of health care where the Ontario Personal Health Information Protection Act, which governs health care information custodians, has been declared substantially similar to PIPEDA). So, PIPEDA applies in Ontario and investigators need to be compliant with this federal legislation when it comes to protecting the privacy of personal information.

 

PIPEDA and Consent

Remember that PIPEDA is a consent based statute. This means that licensed business entities are limited in what third party personal information they can collect, use and disclose when they do not have the consent of the person to whom the personal information belongs.

For example, many of the items included in a credit report are considered personal information and are protected by privacy laws. Therefore, a credit check can be conducted with the consent of the subject.

Despite this, there are circumstances in which consent is not required for the collection, use and disclosure of personal information. An organization may disclose personal information to an investigative body for the purposes related to the investigation of a breach of an agreement or contravention of a federal or provincial law, if knowledge and consent would compromise the availability or accuracy of the information. Section 7 of PIPEDA specifies these circumstances.

Also, Regulation SOR/2001-7, enacted pursuant to PIPEDA, lists publicly available records, such as some judicial records, which are not subject to the restrictions on the collection, use and disclosure of personal information, as set out in the Act.

Additionally, according to Regulation SOR/2001-6, licensed business entities may receive or disclose personal information without the knowledge or consent of the individual to whom it belongs for the purposes of investigating the breach of an agreement or the contravention of a law if they are a corporation or other body:

  1. that is licensed by a province to engage in the business of providing private instigators or detectives and that has a privacy code that is compliant with the Canadian Standards Association CAN/CSA-Q830-96, Model Code for the protection of personal information, as amended from time to time; and,
  2. that is a member in good standing of a professional association that represents the interests of private investigators or detectives and that has such a code.

 

PIPEDA Principles

There are 10 principles that you should review that can be found here: http://laws.justice.gc.ca/eng/acts/P-8.6/page-19.html#h-25

 

PIPEDA Compliance

To help with PIPEDA compliance, at the commencement of any investigation, especially one that involves surveillance, document the purposes for collecting, using and disclosing personal information. The purpose of the investigation must reasonably relate to a breach of contract or a contravention of a law.

In cases such as pre-employment screening, consent will be available but in many cases, it will not without compromising the availability and/or accuracy of the information (evidence gathered by surveillance is considered to be personal information). It is then a question of what is reasonable and whether there was an unjustified invasion of personal privacy.

There are many cases where decisions are made in favour of the investigator, where evidence gathered by surveillance is deemed admissible. For example, if an employer has exhausted all other reasonable efforts in obtaining accurate information from his employee with his knowledge and consent but has to resort to surveillance, then the evidence gathered by surveillance can be admissible.

Investigation and surveillance as a means to detect potential fraud is clearly acceptable. Breach of contract brings in matters of insurance. Investigations including surveillance have been consistently deemed acceptable for employers dealing with employment contracts.

  • video surveillance is a last resort and should only be contemplated if all other avenues of collecting personal information have been exhausted.
  • the decision to use video surveillance should be made at a senior level of the organization.
  • the investigator should be instructed to collect personal information in accordance with the Act and be very mindful of Principle 4.4.

***The Office of the Privacy Commissioner of Canada has many case studies and examples to draw from:

https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/

17.3 FIPPA & MFIPPA

Freedom of Information and Protection of Privacy Act (FIPPA)

FIPPA governs access to records that are in the custody or under the control of the provincial government, designated agencies, colleges of applied arts and technology, and universities. The scope of this Act has been extended on January 1, 2012, to cover hospitals.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f31_e.htm

 

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

MFIPPA is similar in purpose to FIPPA, except that it governs records that are in the custody or under the control of municipalities and some related institutions.

Private Investigators should know about filing access requests for records that are subject to the above-noted Acts. Also, Private Investigators working for institutions that are subject to FIPPA or MFIPPA may be governed by one of these Acts, and may be limited in terms of what personal information they can collect, use or disclose.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm

 

Industry Standards Regarding Protection of Privacy

Private Investigators should be mindful of privacy laws such as the ones described above when performing their work. Commonly, Private Investigators may be required to observe a subject’s daily activities, and should therefore be careful not to contravene any privacy laws.

For example, anyone who is in a public place does not have a reasonable expectation of privacy, and their actions may be photographed or documented on video. However, a person in their home has a reasonable expectation of privacy and an investigator should not go onto their property in order to peer into their windows to observe them. In this situation, the best practice would be to observe the subject from the street, or other public property or thoroughfare.

On the other hand, privacy becomes more of an issue if the subject is in their bathroom, for example, as opposed to their living room. Private Investigators should exercise their judgment to determine when privacy becomes an issue, such as when the subject is at a gravesite, or participating in a religious observance, or when minors may be present.

If an investigator plants a wireless camera to transmit a scene to another location, the investigator should consider things such as whether or not the signal is encrypted, and whether the signal could be intercepted by an unintended source. This is another example where attention should be paid to PIPEDA and other privacy laws.

When videotaping, an investigator must remember that the integrity of the tape is paramount for court purposes; the original should not be altered in any way. There are restrictions in the Criminal Code about recording private conversations (see section 184 of the Criminal Code), so the best practice is to record without audio.

Privacy concerns can also arise as a result of GPS tracking – GPS devices should only be placed on a vehicle to track its location with the permission of the owner of the vehicle. For example, if an employee is driving a company vehicle and the client is the owner of that company, the client may give written permission to the investigator to place a GPS device on the vehicle.

 

Reasonable expectation of privacy

Section 8 of the Canadian Charter of Rights and Freedoms does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have.

The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does not necessarily extend to the passenger of a vehicle who is not the owner.

Likewise, a visitor to a dwelling house does not enjoy the same expectation of privacy as a permanent occupant.

A reasonable expectation of privacy generally exists in a hotel room, although the expectation of privacy in a hotel room diminishes in circumstances where the occupant indiscriminately invites members of the public inside.

Information which does not “tend to reveal intimate details of the lifestyle and personal choices of the individual” is usually not subject to a reasonable expectation of privacy. For this reason, utility records are generally not subject to an expectation of privacy, nor are heat patterns which can be detected from outside a private building. Garbage placed at the curb for pickup is considered in law to be abandoned, and therefore fails to engage a reasonable privacy interest.

In R. v. TELUS Communications Co. , the Supreme Court of Canada found that the reasonable expectation of privacy protected by Section 8 of the Charter applies to modern communications technologies such as text messages, even if the data in question is located on a third-party server.

18.1 LEARNING OUTCOMES

Upon completion of this module, students should be able to:

  1. Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to their work as a private investigator
  2. Identify the legal authorities, rights and limitations of a professional investigator as compared to a peace/police officer
  3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code
  4. Identify the differences between civil law and criminal law
  5. Discuss and provide examples of the following:
    1. Which sections of the Criminal Code affect surveillance
    2. Tort Law
    3. Burden of Proof in criminal court
    4. Burden of proof in civil court
  6. Describe the consequences when a security professional exceeds his/her authority
    1. Under the PSISA
    2. Under the Criminal Code of Canada
    3. Civilly
  7. Identify and explain additional legislation with respect to security professionals, including:
    1. Ontario Human Rights Code
    2. Privacy Acts
    3. Trespass to Property Act
  8. Identify the requirements of an investigator under the PSISA

18.2 CANADIAN CRIMINAL COURT SYSTEM

Canadian Criminal Court System

The Private Investigator should possess the skills and knowledge required to present evidence in a judicial environment. Private Investigators may be required to prepare for legal proceedings, present evidence and follow up on the outcomes. Every investigation should be conducted as if the case could potentially go to trial and procedural and administrative requirements should be completed with the utmost care.

The Private Investigator should be aware of the different levels of the court system including how to prepare for trial/court, how to prepare for testimony, how to share the results of an investigation or evidence and how to prepare witnesses for court.

 

How the Courts are Organized

There are four general levels of court in Canada. First there are provincial/territorial courts, which handle the great majority of cases that come into the system. Second are the provincial/territorial superior courts. These courts deal with more serious crimes and also take appeals from provincial/territorial court judgments. On the same level, but responsible for different issues, is the Federal Court. At the next level are the provincial/territorial courts of appeal and the Federal Court of Appeal, while the highest level is occupied by the Supreme Court of Canada.

What is the structure of Ontario’s court system?

Court of Appeal for Ontario

The Court of Appeal for Ontario is the highest level of court in the province. The Court of Appeal for Ontario hears many appeals. The court is composed of a federally appointed Chief Justice of Ontario, an Associate Chief Justice of Ontario and many other judges. The Court of Appeal sits with either one or three judges depending on the appeal.

This court is separate from other Ontario courts and usually provides the final ruling on a legal issue. An appeal on this ruling goes to the Supreme Court of Canada, the highest court in all of Canada.

Court of Ontario

The Court of Ontario has two divisions:

  • The Superior Court of Justice
  • The Ontario Court of Justice

 

Superior Court of Justice
The Superior Court of Justice handles the more serious criminal law and youth criminal justice matters. It hears all jury trials as well as trials before a judge sitting alone after a preliminary hearing has been held. The court also hears civil cases, including divorce cases, cases involving larger amounts of money and challenges to the Charter of Rights and Freedoms. The Superior Court of Justice also reviews certain family, provincial offences, and summary conviction appeal matters from the Ontario Court of Justice. There are three branches of the Superior Court of Justice in Ontario:

Divisional Court
The Divisional Court is an appellate court, meaning that it only hears:

  • Appeals and reviews of decisions by government agencies, tribunals and boards; and
  • Some civil appeals up to $50,000.

Family Court
Sometimes referred to as the Unified Family Court, the Family Court branch of the Superior Court of Justice provides a single court for all family matters, including divorce, division of property, child protection, adoption, child and spousal support and child custody and access matters. Special services provided by the Family Court include Family Law Information Centres, Supervised Access Centres, Mediation Services and Parent Information Sessions.

In some areas of the province, where the Unified Family Court does not exist, family law matters are divided between the Superior Court of Justice (divorce, division of property, child and spousal support, custody and access cases) and the Ontario Court of Justice (custody and access, child and spousal support, adoption and child protection cases).

Small Claims Court
The Small Claims Court is a branch of the Superior Court of Justice. The court hears civil actions for claims up to $25,000.

Ontario Court of Justice
The Ontario Court of Justice is the lower level provincial court. It can hear cases about offences committed under provincial laws, as well as criminal and family cases. The Ontario Court of Justice is also considered a youth court for the purposes of the Youth Criminal Justice Act.

Judges of the Court hear:

  • Criminal prosecutions of adults and most criminal prosecutions involving young persons;
  • Child protection applications, family law disputes about custody, access and support, and adoption applications, where there is noFamily Court branch of the Superior Court of Justice; and
  • Provincial offence appeals where the trial was heard by a justice of the peace.

Justices of the Peace hear:

  • Bail hearings;
  • Applications for search warrants; and
  • Prosecutions of provincial offences for violations of provincial laws such as the Highway Traffic Act, Occupational Health and Safety Act, Liquor Control Act, Compulsory Automobile Insurance Act etc.

 

Provincial / Territorial Courts

Each province and territory, with the exception of Nunavut, has a provincial/territorial court, and these courts hear cases involving either federal or provincial/territorial laws. (In Nunavut, there is no territorial court – matters that would normally be heard at that level are heard by the Nunavut Court of Justice, which is a superior court.) The names and divisions of these courts may vary from place to place, but their role is the same. Provincial/territorial courts deal with most criminal offences, family law matters (except divorce), young persons in conflict with the law (from 12 to 17 years old), traffic violations, provincial/territorial regulatory offences, and claims involving money, up to a certain amount (set by the jurisdiction in question). Private disputes involving limited sums of money may also be dealt with at this level in Small Claims courts. In addition, all preliminary inquiries – hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases – take place before the provincial/territorial courts.

A number of courts at this level are dedicated exclusively to particular types of offences or groups of offenders. One example is the Drug Treatment Court (DTC) program, which began in Toronto in 1998, followed over several years by Vancouver, Edmonton, Regina, Winnipeg, and Ottawa. The object of the DTCs is to address the needs of non-violent offenders who are charged with criminal offences that were motivated by their addiction. Those who qualify are offered an intensive combination of judicial supervision and treatment for their dependence, drawing on a range of community support services.

Youth courts handle cases where a young person, from 12 to 17 years old is charged with an offence under federal youth justice laws. Procedures in youth court provide protections appropriate to the age of the accused, including privacy protections. Courts at either the provincial/territorial or superior court level can be designated youth courts.

Some provinces and territories (such as Ontario, Manitoba, Alberta and the Yukon) have established Domestic Violence Courts in order to improve the response of the justice system to incidents of spousal abuse by decreasing court processing time; increasing conviction rates; providing a focal point for programs and services for victims and offenders; and, in some cases, allowing for the specialization of police, Crown prosecutors and the judiciary in domestic violence matters.

In Ontario:

Judges:

Judges are appointed by the provincial government

Have been lawyers for at least 10 years.

Hear criminal, youth and family trials, and sometimes provincial offences matters, without a jury. The judge is responsible for both the weighing of the evidence and the final decision.

In criminal cases, it is up to the judge to decide if the defendant is not guilty or guilty. If a defendant is convicted in a criminal case, the judge imposes sentence.

In family court, the judge hears family and child protection disputes.

Justices of the Peace

Justices of the peace are appointed by the provincial government and referred to as “Your Worship”.

Do not have to be lawyers

Generally have 10 years of paid or volunteer work experience and a university degree or college diploma. For specifics, please see the Justices of the Peace Act.

A justice of the peace is often the first and sometimes the only judicial officer that a member of the public will ever meet in connection with, for example, a parking ticket, a Highway Traffic Act offence, charges alleging a violation of a by-law such as a smoking by-law or a liquor licence by-law, or a trespassing charge.

If one is charged with a criminal offence, that individual may meet a justice of the peace in bail court and in most court appearances prior to the trial.

Justices of the peace also conduct hearings under the Mental Health Act.

 

Provincial / Territorial Superior Courts

Each province and territory has superior courts. These courts are known by various names, including Superior Court of Justice, Supreme Court (not to be confused with the Supreme Court of Canada), and Court of Queen’s Bench. But while the names may differ, the court system is essentially the same across the country, with the exception, again, of Nunavut, where the Nunavut Court of Justice deals with both territorial and superior court matters.

The superior courts have “inherent jurisdiction,” which means that they can hear cases in any area except those that are specifically limited to another level of court. The superior courts try the most serious criminal and civil cases, including divorce cases and cases that involve large amounts of money (the minimum is set by the province or territory in question).

In most provinces and territories, the superior court has special divisions, such as the family division. Some have established specialized family courts at the superior court level to deal exclusively with certain family law matters, including divorce and property claims. The superior courts also act as a court of first appeal for the underlying court system that provinces and territories maintain.

Although superior courts are administered by the provinces and territories, the judges are appointed and paid by the federal government.

Courts of Appeal

Each province and territory has a court of appeal or appellate division that hears appeals from decisions of the superior courts and provincial/territorial courts. The number of judges on these courts may vary from one jurisdiction to another, but a court of appeal usually sits as a panel of three. The courts of appeal also hear constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies.

The Federal Courts

The Federal Court and Federal Court of Appeal are essentially superior courts with civil jurisdiction. However, since the Courts were created by an Act of Parliament, they can only deal with matters specified in federal statutes (laws). In contrast, provincial and territorial superior courts have jurisdiction in all matters except those specifically excluded by a statute.

The Federal Court is the trial-level court; appeals from it are heard by the Federal Court of Appeal. While based in Ottawa, the judges of both Courts conduct hearings across the country. The Courts’ jurisdiction includes interprovincial and federal-provincial disputes, intellectual property proceedings (e.g. copyright), citizenship appeals, Competition Act cases, and cases involving Crown corporations or departments of the Government of Canada. As well, only these Courts have jurisdiction to review decisions, orders and other administrative actions of federal boards, commissions and tribunals; these bodies may refer any question of law, jurisdiction or practice to one of the Courts at any stage of a proceeding.

For certain matters, such as maritime law, a case may be brought either before the Federal Court or Federal Court of Appeal, or before a provincial or territorial superior court. In this respect, the Federal Court and the Federal Court of Appeal share jurisdiction with the superior courts.

Specialized Federal Courts

In order to deal more effectively with certain areas of the law, the federal government has created specialized courts, notably the Tax Court of Canada and courts that serve the Military Justice System. These courts have been created by statute and can only decide matters that fall within the jurisdiction given to them by statute.

The Tax Court of Canada

The Tax Court of Canada gives individuals and companies an opportunity to settle disagreements with the federal government on matters arising under federal tax and revenue legislation. The Tax Court of Canada primarily hears disputes between the federal government and taxpayers after the taxpayer has gone through all other options provided for by the Income Tax Act. The Tax Court is independent of the Canada Revenue Agency and all other government departments. Its headquarters are in Ottawa and it has regional offices in Montreal, Toronto and Vancouver.

Military Courts

Military courts, or courts martial, were established under the National Defence Act to hear cases involving the Code of Service Discipline. The Code applies to all members of the Canadian Forces as well as civilians who accompany the Forces on active service. It lays out a system of disciplinary offences designed to further the good order and proper functioning of the Canadian Forces.

The Court Martial Appeal Court hears appeals from military courts. Its function is comparable to that of a provincial/territorial appeal court, and it has the same powers as a superior court. Judges in the Court Martial Appeal Court are selected from the Federal Courts and other superior courts throughout the country. Like other courts of appeal, the Court Martial Appeal Court hears cases as a panel of three.

Trial By Jury

Under the Canadian Charter of Rights and Freedoms, individuals accused of the most serious criminal offences generally have the right to choose to be tried by a jury or by a judge alone. A jury is a group of people, chosen from the community, who assess the facts of a case after a judge explains the law to them. They then make a decision based on their assessment. Sentencing, however, is left to the judge. Trial by jury is also available in some civil litigation, but is rarely used.

The Supreme Court of Canada

The Supreme Court of Canada is the final court of appeal from all other Canadian courts. The Supreme Court has jurisdiction over disputes in all areas of the law, including constitutional law, administrative law, criminal law and civil law.

The Court consists of a Chief Justice and eight other judges, all appointed by the federal government. The Supreme Court Act requires that at least three judges must come from Quebec. Traditionally, of the other six judges, three come from Ontario, two from western Canada, and one from the Atlantic provinces. The Supreme Court sits in Ottawa for three sessions a year – winter, spring and fall.

Before a case can reach the Supreme Court of Canada, it must have used up all available appeals at other levels of court. Even then, the Court must grant permission or “leave” to appeal before it will hear the case. Leave applications are usually made in writing and reviewed by three members of the Court, who then grant or deny the request without providing reasons for the decision. Leave to appeal is not given routinely – it is granted only if the case involves a question of public importance; if it raises an important issue of law or mixed law and fact; or if the matter is, for any other reason, significant enough to be considered by the country’s Supreme Court.

In certain situations, however, the right to appeal is automatic. For instance, no leave is required in criminal cases where a judge on the panel of a court of appeal has dissented on how the law should be interpreted. Similarly, where a court of appeal has found someone guilty who had been acquitted at the original trial, that person automatically has the right to appeal to the Supreme Court.

The Supreme Court of Canada also plays a special role as adviser to the federal government. The government may ask the Court to consider questions on any important matter of law or fact, especially concerning interpretation of the Constitution. It may also be asked questions on the interpretation of federal or provincial/territorial legislation or the powers of Parliament or the legislatures. (Provincial and territorial courts of appeal may also be asked to hear references from their respective governments.)

New Approaches

The Nunavut Court of Justice

When the territory of Nunavut was established in 1999, a new kind of court in Canada was created as well. The Nunavut Court of Justice combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory. In Nunavut, most of the communities are small and isolated from the capital of Iqaluit, so the court travels to them “on circuit.” The circuit court includes a judge, a clerk, a court reporter, a prosecutor, and at least one defence attorney. Court workers and Crown witness coordinators might also travel with the circuit court, depending on the cases to be heard. Interpreters are hired in the communities when possible, or travel with the circuit court when necessary. In addition to holding regular sessions in Iqaluit, the court flies to most communities in Nunavut at intervals that range from six weeks to two years, depending on the number of cases.

Unified Family Courts

Unified family courts, found in several provinces, permit all aspects of family law to be dealt with in a single court with specialized judges and services. The unified family courts consist of superior court judges, who hear matters of both provincial/territorial and federal jurisdiction. These courts encourage the use of constructive, non-adversarial techniques to resolve issues, and provide access to a range of support services, often through community organizations. These services differ from province to province but typically include such programs as parent-education sessions, mediation, and counselling.

Sentencing Circles

Sentencing circles, pioneered in the Yukon Territorial Court in the early 1990s, are now used in much of the country, mostly at the provincial/territorial court level and in cases involving Aboriginal offenders and victims. Sentencing circles are part of the court process, though not courts in themselves, and they can be a valuable means of getting input and advice from the community to help the judge set an appropriate and effective sentence.

Sentencing circles generally operate as follows: After a finding or admission of guilt, the court invites interested members of the community to join the judge, prosecutor, defence counsel, police, social service providers, community elders, along with the offender, the victim and their families and supporters, and meet in a circle to discuss the offence, factors that may have contributed to it, sentencing options, and ways of reintegrating the offender into the community. Everyone is given the chance to speak. Often the circle will suggest a restorative community sentence involving some form of restitution to the victim, community service, and/or treatment or counselling. Sometimes members of the circle will offer to help ensure that the offender lives up to the obligations of the community sentence, while others may offer to provide support to the victim.

It is important to note, though, that sentencing circles do sometimes recommend a period of custody. Moreover, the judge is not bound to accept the circle’s recommendations.

The Courts and Related Processes

There are many elements in the Canadian justice system which are closely related to the courts but are not strictly part of the court system. Two prominent examples are administrative tribunals and alternative dispute resolution.

Administrative Tribunals

Many disputes over administrative rules and regulations – relating, for instance, to employment insurance, disability benefits, refugee claims or human rights – are dealt with outside the court system by various tribunals and boards. Administrative tribunals may resemble courts, but they are not in fact part of the court system. Nonetheless, they play an essential role in resolving disputes in Canadian society.

The procedure before administrative bodies is usually less formal than that in the courts. However, the courts exercise a supervisory role over administrative tribunals, which may in turn refer questions to the courts. The courts ensure that tribunals remain within their responsibilities under the law and that their procedures are fair.

Alternative Dispute Resolution Systems

Alternative Dispute Resolution (ADR) refers to the wide variety of methods by which conflicts and disputes are resolved outside the courtroom. ADR allows people to settle their differences through means that are more informal, less expensive, and often quicker than court proceedings. These include mediation (where an independent third party is brought in to help work out an agreement) and arbitration (where both sides agree to refer the dispute to the third party for judgment). As with administrative tribunals, the relationship between the courts and ADR is complementary. The courts themselves often make use of ADR – for example, some provinces now insist on mediation as part of the litigation process. At the same time, for serious or violent crimes, or when mediation or arbitration is rejected, the formal court system remains indispensable.

During a criminal trial, the Crown Attorney would need to prove beyond a reasonable doubt that the accused has committed the offence. On the other hand, the burden of proof in a civil matter is less than in a criminal matter. In such situations, the obligation is for the plaintiff to prove the accused is guilty on the balance of probabilities. In both instances the Investigator may be required to give evidence in court. The Private Investigator should be familiar enough with the procedures of court that he/she could explain and prepare his/her witnesses to present evidence or testify in court as well.

Definitions of due process:

  1. A course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles —called also procedural due process.
  2. A judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual —called also substantive due process.

Court Appearance and Testimony

You may receive a document that tells you to appear in court to give evidence. This document is called a subpoena, and it will tell you exactly when you must be present in court to testify. This document is an order, not a request. Even if you change jobs, the subpoena is still in force. If you fail to appear, you could face contempt of court charges.

You will likely be called as a Crown witness. That means you will testify against someone who is accused of committing a crime. First, you will be questioned by a lawyer for the Crown (Prosecutor), then by a lawyer for the accused (Defence). It is important for you to present a professional image and to convince the court that the evidence that you are giving is reliable. Here are some things you can do.

Preparing for Court

  • Carefully review all of your notes. Be sure of the time of day, date, and location where the incident took place.
  • Go over the order in which the events happened, and try to remember exact details, such as weather conditions, licence numbers, lighting etc.
  • Speak to the Crown about what they want to bring out in your testimony and what kinds of questions the Defence lawyer may ask you.
  • Make sure your uniform is clean and ironed and that you are well groomed.
  • Try to arrive early in case the Prosecutor has questions to ask you before you testify. This will also give you time to relax before you are called to the witness stand. If you can’t arrive early, make sure you arrive on time.

Testifying in Court

  • Stand or sit up straight. Do not slouch or lean on the side of the witness box.
  • Look at the lawyers when they question you, and direct your answers to the judge or jury.
  • Speak loudly enough for everyone to hear you and slowly enough for the judge to take notes.
  • Do not answer more than the question asked. The answer to “When you arrested him, did he say anything?” is “Yes,” not “Yes, he said he didn’t do it.”
  • Give the facts, not your opinion. Do not say, “He was looking around to see if anyone was watching him.” You could say, “He looked around often.”
  • If a question calls for your opinion, for example, “Was she under the influence of drugs?” say that you will have to give an opinion and ask if that is what is wanted.
  • If either lawyer objects to a question, stop. Do not answer until the court rules on the objection.
  • If you think a question is too personal, you may ask the judge if you must answer it. Refer to the judge as “Your Honour.”
  • If you do not know the answer to a question, say so in a direct way. Avoid phrases like “I guess” and “I think.”
  • Read from your notes only if necessary and if allowed by the judge. Your testimony should be from your memory and you should refer to your notes only for very specific details, such as someone’s exact words.
  • Use a polite, reasonable tone. If you say, “He had some CDs that he forgot to pay for,” your tone is sarcastic, and your testimony may not be taken seriously. It is not a crime to forget to pay for something.
  • Show equal respect for both the Prosecutor and Defence lawyers. It is the Defence lawyer’s job to question your reliability. Don’t take it personally. If you feel yourself getting angry, keep a neutral expression on your face.
  • Do not leave until the judge excuses you.

Cross Examination

Cross Examination by counsel is a test of credibility. Counsel may seek to discredit a police witness or to demolish or cause doubt on evidence already given. Therefore, when facing such cross examination the witness should:

  • Keep to the facts
  • Ignore the counsel’s attempts to hassle or upset him/her
  • Not hurry his/her answers
  • Give truthful and well considered answers

Some counsels set out purposefully to “ruffle” the witness in hope that he/she may give hasty answers or lose his/her composure. In such cases it is increasingly vital that the witness remains calm and unhurried. When the witness does remain calm and composed, the result will often be the opposite of what counsel intended and will motivate counsel to get the witness off the stand as soon as possible. Counsel may ask a casual or ambiguous question, or he/she may ask two questions involving one answer. The witness should be sure he/she fully understands the questions before he/she answers them. Counsel may frame a lengthy question and thus it is prudent to consider well before answering. If necessary, the witness should ask counsel to repeat the question.

Not all questions can be answered by a simple “yes” or “no”. Counsel may set out to get such an answer, but the witness must adhere to the truth. If the answer cannot be a simple “yes” or “no”, then state what it is. The witness is perfectly correct in qualifying his/her answer. By correctly keeping to the facts, the witness will not give an answer to suit counsel. The witness who stands up to a rigorous cross-examination and continues to give his/her evidence and to answer questions in a dignified, truthful and fair way always earns the silent approval of all who are in the Courtroom. His/her evidence is accepted and makes its full impact.

Voir Dire

A Voir Dire is in-trial hearing that is considered a separate hearing from the trial itself. It is known as a “trial within a trial” and designed to determine an issue separate from the of procedure or admissibility of evidence.

Procedurally, a voir dire for the validity of a warrant should proceed as follows:

(a) The trial judge should determine whether a voir dire is necessary and, if so, whether the calling of evidence should be permitted;

(b) If the judge accedes to the request to hold a voir dire and the accused wishes to cross-examine the informant, then the accused must obtain leave of the judge to do so. If the judge grants leave, then he or she can limit the scope of the cross-examination;

(c) Cross-examination should proceed to the extent permitted by the order granting leave;

(d) Re-examination, if any, should follow the cross-examination; and

(e) The trial judge should determine whether the record as amplified on the review could support the issuance of the warrant.

18.3 CHARTER OF RIGHTS AND FREEDOMS

Click here to open a copy of the Charter.

The rights and freedoms for all Canadians are set out in the 34 sections which form the Charter. Of particular importance to Private Investigators are the rights defined in sections 1, 7 through 15. They are as follows:

Rights and Limitations

Section:

1. 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.

 

Right to Life, liberty and security of person
7. 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.

Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.

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

Arrest or detention
10. 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.

*habeas corpus means that “all relevant evidence shall be reviewed to determine the legality f the action in question”. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention – that is, detention lacking sufficient cause or evidence.

Proceedings in criminal and penal matters
11. 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.

Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-incrimination
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given
used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving
of contradictory evidence.

Interpreter
14. A party or witness in any proceedings who does not understand or speak the language in which the
proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Equality Rights

15. (1) 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.

Enforcement of Guaranteed Rights and Freedoms

24. (1) 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.

(2) 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.

 

We enjoy certain rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms. These include such things as the right to vote, and the freedom of expression and religion. These rights and freedoms apply to anyone in Canada including Canadian citizens, visitors and people who are waiting to become permanent residents.

 

Here are some rights and freedoms that relate particularly to the work of a private investigator:

  • Everyone has the right to live in freedom and safety;
  • Everyone has the right to not be unreasonably searched or have things taken from them.

 

Section 10 of the Charter is very important. It states that:

Everyone has the right on arrest or detention:

(a) To be informed promptly of the reasons thereof;

(b) To retain and instruct counsel without delay and to be informed of that right.

In other words:

  • Everyone has the right to not be detained or imprisoned without reason;
  • Everyone has the right to be told the reason they have been detained or arrested.

 

The Charter Of Rights And Freedoms – A History Explained

As you are probably aware, Canada was originally founded as a British Colony. And although Canada was given a fair amount of autonomy and independence, it remained subject to British rule in certain areas. For example, although a self-governing country, until recently Canada was still part of the British Empire and subject to legislative enactments of the British Government. The decisions of the Supreme Court of

Canada were also still subject to review by the English High Court, the Privy Council.

In 1982, however, the British Parliament passed the Canada Act, which ended the ability of the British Government to pass legislation that would become effective in Canada. At the same time, on April 17, 1982, the Canadian federal government introduced the Canadian Charter of Rights and Freedoms.

This legislation guaranteed all citizens a number of fundamental rights, such as voting, mobility, a right to life, liberty, security and the right not to be deprived thereof except in accordance with the principles of fundamental justice (s.7); a right to be secure against unreasonable search or seizure (s.8); a right not to be arbitrarily detained or imprisoned (s.9); a right on arrest or detention to be informed of the reason, to retain and instruct counsel, to be informed of that right, and to judicial review (s.10); and a number of rights respecting court procedure, such as the right to an interpreter and the right to equality before the law (s.15).

Freedoms guaranteed by the Charter include religion, expression, association, and public assembly. The Charter is the supreme law of Canada. Section 52 grants the Courts the authority to declare unconstitutional (illegal) any Act of legislation of the federal, provincial, and municipal governments.

 

Section 52(1) holds:

Primacy Of Constitution Of Canada

52.(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent that of the inconsistency, of no force or effect.

With the onset of the Charter, judicial review of legislation, either by way of challenge after the legislation has been infringed, or in advance as part of a constitutional reference, is the norm. Case law has held that the court not only has the power, but the duty, to declare legislation in contradiction with the Charter, of no force or effect.

The Saving Provision

Section 1 of the Charter states:

Rights and Freedoms in Canada

  1. 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. Remember, it is the function of the law to restrict an individual’s actions. This section means that under certain circumstances, the federal, provincial or municipal government could pass legislation that, although it infringes on someone’s rights, might still be upheld if the reason for the legislation was important enough. An example of this is the drinking and driving legislation under the Criminal Code (Canada).

 

Section 9 of the Charter guarantees the right not to be arbitrarily detained. Yet the police occasionally run drinking and driving blitzes, where, for a few minutes each, they randomly stop vehicles to see if the operator of a motor vehicle has been drinking. While this appears to be inconsistent with section 9, courts have consistently held that the danger presented by drunk drivers is of such importance that such a minor violation is justified and acceptable.

Virtually any action by any level of government, including those acting under the authority of the law, which impacts upon these rights and freedoms, is subject to scrutiny under the Charter. When a security guard exercises authority granted under the Criminal Code (Canada), for example, in making an arrest, his or her actions may be subject to Charter review.

 

Fundamental Freedoms

Section 2 of the Charter sets out the basic freedoms all citizens should be allowed to enjoy in Canada. It holds:

  1. 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.

 

The concept of freedom of religion is that everyone has the right to hold the religious beliefs that they choose without fear of discrimination, reprisal or interference.

The freedom identified in 2(b) protects all forms of expression, whether written (regardless of language), spoken, or acted out. It also has been held to include the right to say nothing. This freedom has been held to include the right to picket, although the right to express oneself in this manner does not include actions such as violence, disruption of property, assault, or other unlawful conduct.

Although the Court would be the ultimate arbiter of any dispute, as the provider of security services, a security guard should be aware of these freedoms. For example, security is commonly hired to protect property and maintain peace in a hostile strike situation. A second example of where knowledge of this right would benefit a security guard is a situation where security is called in to maintain order where picketers are demonstrating outside of a medical clinic, opposed to a medical procedure that commonly occurs in the clinic. Add to the example a picketing group that is extremely loud, walking up and down the streets and sidewalks adjoining the clinic’s property. While the picketers may be technically causing a disturbance contrary to the Criminal Code (Canada), a wise security guard would recognize that this conduct would likely be held by the Courts to be part of the freedom of expression protected by the Charter.

The freedom described in 2(c) is the freedom of peaceful assembly, provided that the assembly is lawful in nature.

The freedom described in 2(d) is the freedom of association and basically guarantees that we can associate with whomever we please, to ensure that activities and goals can be pursued in common. 15

Legal Rights

Life, Liberty, And Security Of Person

  1. 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.

 

Since 1982, Courts have been interpreting this section to protect the right to live, to be free to go wherever you wish, and not to be deprived of your personal safety by the state except under specific conditions. This provision allows a person’s liberty to be limited, for example, when he or she is lawfully arrested for robbing a bank. We could not expect, in those kinds of circumstances, that it would be appropriate to simply take the bank robber’s name and let him or her go.

The exception included in the provision allows these rights to be limited by the principles of fundamental justice where it is appropriate to do so. What are the principles of fundamental justice? They are the basic fundamental principles of fairness that a person normally expects to have in a fair and just system.

 

Violations of this Charter section include circumstances where:

  • the accused was not treated as if he or she was innocent until proven guilty;
  • the accused was not allowed to make full answer and defence against the charge; and
  • the body hearing the trial was not reasonable, or impartial.

 

The Supreme Court has also considered the argument that because a person’s freedom may later be limited by something he or she said at the time of the offence or at trial, it would be unfair to compel a person to give a statement that would incriminate him or her. The section has been readily interpreted to protect a witness from having to testify at their trial and to prevent the use of his or her testimony in subsequent court proceedings. The accused also has the right to remain silent during the investigation.

 

A person may waive his or her right to silence. However, courts are generally cautious in determining that a person has waived his or her rights. To rely on the waiver, and use the evidence, the Crown must be able to show that the accused had full knowledge of the right and had full knowledge of the effect of waiver of that right.

 

For example, in R. v. Whittle, police obtained a statement from a mentally ill accused person, after giving him a series of rights and warnings, including the right to remain silent. The court heard evidence at trial that suggested that the accused did not understand that he had a right to remain silent. The accused believed that he was compelled to provide a statement. The court held that the accused could not effectively waive his right to remain silent if he did not understand it.

A waiver will not be effective when an accused person feels that he or she has no choice but to provide a statement to a person in authority like his or her supervisor, or to a police officer. Courts have regularly held that the Charter rights of the accused under this section have been violated. Police officers are trained to ensure that the person giving a statement to them, or allowing them to search knows that the statement or the search is voluntary. Failure to comply with these issues may result in the dismissal of an otherwise adequate case. Security guards may also be in a position of authority over the accused person. The same concerns should therefore apply.

 

Search Or Seizure

  1. Everyone has the right to be secure against unreasonable search or seizure.

 

This section limits the powers of search and seizure that may be used.

Section 8 creates a test to ensure that an individual’s right to privacy is infringed only where the need is justified.

It basically means that your personal property cannot be taken or searched without good reason. A police officer or security guard who fails to abide by this Charter right may see the case he or she has worked so hard to build thrown out of court.

As with the right to silence, a person may waive his or her right to privacy. However, Courts are generally cautious in determining that a person has waived his or her rights. For example, in R. v. Borden, police obtained the consent of an accused person to take a blood sample for use in a sexual assault investigation. The police compared the sample against the evidence obtained at two different crimes. The court held that the accused should have been notified that police intended to use the evidence in both investigations to effectively waive the privacy rights of the accused.

To rely on the waiver, and use the evidence, a security guard must be able to show that the accused had full knowledge of his or her right to be secure against an unreasonable search and had full knowledge of the effect of the waiver of that right.

 

Detention Or Imprisonment

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

Detention occurs where a person:

  • has his or her liberty taken away by physical constraint;
  • is controlled by another person through demands or directions; or
  • believes that he or she has no choice but to follow the commands of another person.25

 

Perhaps some examples would clarify this.

In example 1, a shoplifter is observed by a loss prevention officer (LPO) to steal a jacket. The LPO walks up to the accused, places his/her hand on the arm of the accused, and advises the person that she/he is under arrest. The LPO does not allow the accused to leave, but restrains her/him by the arm and guides her/him back to the security office where the LPO allows the person to call a lawyer. In this scenario we can clearly see that the accused person is not free to leave. A court, reviewing this scenario, would quickly determine the person has had her/his liberty taken away as surely as if placed in handcuffs.

In example 2, the LPO faces the same scenario. However, when the LPO walks up to the accused, the LPO tells her/him in a stern voice that he/she saw the accused take a jacket and place it into a bag, and consequently must accompany him/her to the office. The LPO never touches the accused, but nevertheless, the accused walks beside the LPO obediently. Here, the accused has submitted to the control of the guard.

Example 3 is similar to scenario 2. However, here the LPO did not see the accused take the jacket. The LPO lost sight of the accused for a few seconds, and in that time the jacket she/he was carrying vanished. The LPO approaches and tells the accused that he/she is store security and that he/she believes that a jacket was taken. In a stern voice, the LPO asks the accused to come to the office “to answer a few questions.” At trial, the accused explains that she/he was afraid to do anything but go to the office with the guard. Because of the LPO’s manner, the accused felt that she/he had no choice but to go to with the guard, and answer all of the questions. While the judge may believe this evidence or not, there is a real possibility that any incriminating evidence that the guard was able to obtain may be thrown out.

 

This right basically states that any detention must be justified by the circumstances, when viewed through the eyes of the reasonable person. People cannot be randomly stopped or prevented from going about their business for no reason at all, or because of a mere suspicion of wrongdoing. A decision to detain must be based on reasonable and probable grounds.

 

Arrest Or Detention

  1. Everyone has the right on arrest or detention:

(a) to be informed promptly of the reasons therefore;

(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…and to be released if the detention is not lawful.

 

Once an individual has been detained or arrested under section 9 of the Charter, section 10 automatically applies. Informing the accused “promptly” means that you must tell him or her why he or she was arrested as soon as you can after taking the person into your custody. A security guard making an arrest should tell the arrested person why he or she is under arrest right away.

 

“Counsel” is defined under section 2 of the Criminal Code (Canada): “counsel” means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings; Counsel is not just anyone; in this section, it refers to a lawyer. Clauses 10(a) and (b) rights are linked closely together. Clause 10(a) requires that the accused person be told of the reasons for his or her arrest/detention, at that time, and in a way that he or she understands. Clause 10(b) requires that the accused person be informed of his or her right to counsel. However, this right can only be exercised if the accused understands the danger he or she is facing, at least in a general way. At trial, the court will look at the evidence to see if the accused understood what he or she was facing, when making the decision to obtain a lawyer. Clause 10(b) of the Charter requires that the person be given access to legal advice right away. As part of the arrest, an arrested or detained person should be told of the right to retain a lawyer. He or she should be given access to a telephone to contact one as soon as possible after that. As soon as an accused person has identified that he or she wishes to contact a lawyer, questioning or any other attempt to elicit evidence or a statement from him or her must cease until the person has had a reasonable opportunity to exercise the right to counsel.

For the accused person to effectively consult with counsel, he or she must be allowed to discuss the matter with counsel of his or her choice. The yellow pages of the telephone book listing the telephone numbers of lawyers in the area must be provided, as well as the toll-free number to duty counsel at legal aid. The arrested or detained person must not be charged for making the telephone call. Clause 10(b) does not limit the arrested or detained person to only one phone call.

 

The discussion between the accused and his or her lawyer must be in private. Make sure, however, that in giving the person privacy, he or she does not have the opportunity to escape, destroy evidence of the offence, and is not given access to tools of escape or weapons. Clause 10(c) gives the accused the right to be released if the arrest or detention was not lawful.

 

Proceedings In Criminal And Penal Matters

  1. 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…, 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…, 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 again for it and, if finally found guilty and punished for the offence, not to be tried and 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 be given the benefit of the lesser punishment.

 

Common Law Rights

We have already talked about the law that is created by legislation. One other type of law is the common law. Many years ago, Courts in England began recording and sharing the decisions they made to make sure that the way that they interpreted statutes (Acts of Parliament and regulations) and applied them to the cases that were brought before the court, was consistent across the country. Over time, this came to be known as the common law. Canadian Criminal Law is still, to a large degree, a matter of common law. It still exists today and continues to protect the rights of citizens by providing a basic, fundamental backdrop to all of the laws that legislators develop.

One of the fundamental tenets of the common law is that individuals are free, subject only to limitations imposed by law. This freedom can only be curtailed when the person is arrested. A suspicious person can be asked to “come here”, to talk or answer questions, but if they decline to cooperate, there is nothing that can be done to force them. Even when arrested, a person doesn’t have to talk or answer questions. However, they may be obliged to identify themselves.

19.1 LEARNING OUTCOMES

Private Investigators encounter an array of diverse situations on a regular basis. They need to have thorough knowledge of research techniques, surveillance techniques, interviewing techniques, industry specific equipment and how to collect and preserve evidence. It is also imperative that Private Investigators understand how to take proper and complete notes. The Private Investigator should know the details of the techniques and skills required to conduct investigations.

In this module a number of activities are discussed which are generally accepted as good practices for someone working as a Private Investigator. Practices may vary from one Private Investigation company to the next, so in addition to understanding the requirements of the legislation and regulations it is important the Private Investigator is also be familiar with the policies of their employer and not to rely solely on subjects covered in this course.

This module:

  • introduces investigators to the fundamentals of investigation: the gathering of information that could soon become evidence.
  • looks at who employs investigator services and why.
  • explores how investigators approach an investigation in a professional, impartial, logical and effective manner.
  • emphasizes a need for investigators to understand who the potential clients are and to clarify their needs.
  • emphasizes the need to identify clients’ objectives in order to devise an investigative goal and plan investigative steps.

Upon completion, students should be able to:

  1. describe how to access open source information
  2. determine whether a potential file falls within an organization’s investigative mandate (occupational jurisdiction)
  3. describe the scope of an investigation
  4. explain the fundamental concepts of investigation file management
  5. develop a basic operational plan for an investigation
  6. describe how policies and legislation impact investigative scope
  7. describe how to properly locate persons or assets
  8. describe proper strategies for conducting background information checks on premises and people
  9. interpret specialized analytical reports (ex. financial, medical) relevant to the investigative industry
  10. explain the importance of evidence continuity and how to seize and store it
  11. describe key elements of a cognitive interview
  12. demonstrate how to plan for interviews
  13. demonstrate how to conduct a non-suggestive, non-leading interview with a subject or respondent to an investigation
  14. describe proper techniques for taking a formal statement
  15. describe appropriate techniques for using recording equipment while conducting interviews
  16. identify uses and components of technology and what laws and limitations apply
  17. describe appropriate strategies for conducting in-person surveillance of premises, vehicles and people
  18. identify client/agency rules for surveillance that may direct how surveillance is conducted
  19. demonstrate how to conduct covert, moving surveillance of people

19.2 PURPOSES OF AN INVESTIGATION

Introduction:

Large or small, investigations usually follow a pattern and begin in one of two ways:

  1. The investigator initiates an inquiry based on the observation or report of an event, or;
  2. The investigator is tasked with an inquiry from a third party (internal or external).

 

Let’s get started! First steps of an investigation.

The investigator will begin by attempting to identify:

  1. The purpose or goal of the investigation
    • collect evidence that will support a charge or law suit
    • simple collection of evidence or data
    • investigate to assist with compliance or resolution of a dispute
    • help the issue go away
    • mitigate future risk
    • other
  2. The scope of the investigation
  3. The proposed timeline for deliverables
  4. Potential challenges and their solutions
  5. Required resources
    • what data sources need to be accessed
    • any special equipment needed
    • special investigative strategies or techniques required
  6. Budget
  7. Timeline on reporting

 

An initial file should include the following practical information:

  • client contact info
  • summary of what is to be investigated
  • details of individual targets and locations
  • budget
  • timeline
  • reporting timeline and methodology

This process can vary greatly depending on the sophistication, size and operations of an individual agency. It is the responsibility of an investigator in their due diligence to gather required information.

 

Some Common Types of Investigations

  • background checks (persons, places)
  • due diligence
  • insurance claims
  • loss prevention
  • environmental incidents
  • locating people
  • asset tracking
  • criminal acts
  • intellectual property/copyright

20.1 LEARNING OUTCOMES

Private Investigators are required to make quick decisions in a variety of situations and must utilize good judgment. They need to recognize and appropriately handle ethical dilemmas relating to diversity, cultural differences and contemporary social problems, as well as be familiar with the PSISA Code of Conduct and the concept of Duty of Care.

The professionalism and ethics used by investigators is constantly scrutinized by courts and others who must determine the outcomes of evidence obtained by investigators. This module will provide an overview of the key principles and relevant legislation that governs investigators.

Specifically, we will cover these topics:

  • Defining Ethics and Professionalism
  • Approaches to Ethics
  • Ethical Decision Making
  • Ethics and Professionalism in Organizations
  • Core Principles of Professionalism and Ethics
  • Codes of Conduct & Duty of Care
  • Complaints Process
  • Provincial and Federal Privacy Legislation
  • PIPEDA
  • Prejudice, Discrimination and Harassment

20.2 ETHICS

Ethics, sometimes referred to as moral philosophy, refers to good or bad conduct. It is a branch of philosophy that involves defending and recommending concepts of right and wrong behaviour. Ethics are concerned with your duties as a professional and are often reflected in Codes of Conduct.

It is useful to provide a few definitions that we will use in understanding ethical decision making here:

Moral issue – is present where a person’s actions, when freely performed may harm or benefit others. The decision to be made or action to be taken must have consequences for others and must involve choice, or volition, on the part of the decision maker.

Moral agent – is a person who makes a moral decision, even though he or she may not recognize that moral issues are at stake.

Ethical decision – is defined as a decision that is both legal and morally acceptable to the larger community. Conversely, an unethical decision is either illegal or morally unacceptable to the wider community.

 

Ethical decision making is critical for private investigators as they explore the details of people’s private lives and learn sensitive information. Decisions that investigators make impact people’s lives, and not always for the better.

 

Approaches to Moral Issues

Sometimes, a moral issue is problematic and not obvious, especially when we do not base decisions on fact. Facts alone however, do not always present us the entire picture. Below are brief explanations on five approaches to values when dealing with moral issues.

1.) The Utilitarian Approach

Jeremy Bentham and John Stuart Mill conceived the concept of Utilitarianism in the 19th century to help legislators determine which laws were morally superior. The basic premise of Utilitarian Ethics is that actions that provide the greatest balance of good over bad are the best ethical or moral choices. The Utilitarian approach to analyze an issue would include:

  • Identify the various courses of actions available.
  • Ask who will be affected by each action and what benefits or harms will occur from each.
  • Choose the action that will produce the greatest benefits and the least harms.

2.) The Rights Approach

This approach is rooted in the philosophy of 18th century thinker Immanuel Kant, who focused on the individual’s right to choose for themselves. He believed that the right to choose gives an individual dignity and freedom. If this right to choose was taken away, it would be moral violation.

Additionally, other rights exist that are complementary:

  • the right to the truth
  • the right to privacy
  • the right not to be injured
  • the right to what is agreed

Under this approach, we must ask ourselves, “Does the action respect the moral rights of everyone?”

3.) The Fairness or Justice Approach

Aristotle, the ancient Greek philosopher said, “equals should be treated equally and unequals unequally.” This approach poses a similar question: How fair is an action? Does it favor some and not others?

This approach focuses on discrimination and favoritism and what they mean when applied to people.

4.) The Common Good Approach

This approach is rooted in the writings of many philosophers, from Plato to modern day Ethicist John Rawls who focus on an individual’s choice benefiting the wider society. Using this approach, our choices would not only benefit the individual but also social policy, public safety, peace, etc.

5.) The Virtue Approach

This approach suggests that character traits such as courage, compassion, honesty, patience etc. are developed over time and guide decision making. If guided by these virtues, the approach suggests, ethical decisions will come.

 

These approaches are useful once an investigator has established some facts. They can then ask themselves some of these questions to better guide their ethical decision making. As an example, let’s take a look at the United States Department of Defense’s “Ethical Decision Making Plan” offered to its employees:

  1. Define the problem.
    • State the problem in general terms.
    • State the decisions to be made.
  2. Identify the goals.
    • State short-term goals.
    • State long-term goals.
  3. List the appropriate laws or regulations.
  4. List the ethical values at stake.
  5. Name all the stakeholders.
    • Identify persons who are likely to be affected by a decision.
    • List what is at stake for each stakeholder.
  6. Gather additional information.
    • Take time to gather all necessary information.
    • Ask questions.
    • Demand proof when appropriate.
    • Check your assumptions.
  7. State all feasible solutions.
    • List solutions that have already surfaced.
    • Produce additional solutions by brainstorming with associates.
    • Note how stakeholders can be affected (loss or gain) by each solution.
  8. Eliminate unethical options.
    • Eliminate solutions that are clearly unethical.
    • Eliminate solutions with short-term advantages but long-term problems.
  9. Rank the remaining options.
    • Rank the clearly ethical options according to how close they bring you to your goal, and solve the problem.
  10. Commit to and implement the best ethical solution.

 

Our perceptions of what is true and just is related to a concept known as Situational Awareness. It is created by our senses, our experience and our intuition. As we take in information, our understanding of a situation develops. Remember it is critical that investigators use and disclose this information in ethical and legal ways.

 

Core Principles of Ethics

As a professional private investigator, there are some core principles which guide you in your professionalism and ethical decision making such as:

  • Act ethically
  • Demonstrate high standards of competence
  • Be motivated by professional objectives rather than personal
  • Treat colleagues and clients with dignity and respect
  • Encourage others to act ethically
  • Avoid the use of prejudice, discrimination and bias
  • Act as a mentor to others
  • Be punctual
  • Demonstrate teamwork
  • Report unethical behaviour

 

Guidelines for conducting ethical investigations include:

  1. Constantly testing your decisions against the ethical rules.
  2. Knowing and understanding your own biases.
  3. Understanding your legal authority to conduct an investigation and the legal scope or range of that investigation
  4. Maintaining control of the investigative process and the evidence obtained in light of the legal authority and scope of the investigation.

20.3 PREJUDICE AND DISCRIMINATION

In your line of work as an investigator, you will receive information from people that may be tainted based upon their personal prejudices. It is important for investigators to at least be aware of this, therefore an overview of concepts and their application is of use.

Legally, investigators must comply with the PSISA Code of Conduct and the Ontario Human Rights Code and are obligated to treat all people equally and without discrimination.

Prejudice

Refers to negative, often unconscious and preconceived notions about others. Prejudice arises because of our tendency to prejudge others or situations for imposing definition and order on the world around us. Therefore, prejudices are based on thoughts.

Discrimination

Discrimination consists of the process by which prejudices are put into practice. Therefore, discrimination are actions.

Stereotyping

Generalizations about others, both unwarranted and unfounded on the basis of available evidence. Stereotyping reinforces a universal tendency to reduce a complex phenomenon to simple explanations that are generalized for a whole category without acknowledging individual differences.

 

These concepts are found during investigations and can certainly apply when violence is involved against people in relationships. A subject may abuse another by various emotional and psychological means, for example:

Emotional abuse

Telling an individual that they lack intelligence, are not attractive or are under achieving.

Psychological abuse

Insulting an individual in public; humiliation.

Intimidation

Threatening to leave the person or embarrass them. Destroying household objects (sending a message of violence).

Using children

Threatening to take children away or blaming an individual for children’s behaviour.

Isolation

Preventing someone from seeing friends, family or socializing.

Economics

Controlling the finances, preventing another from working or upgrading their skills.

 

In 1983, the government of Canada updated the Criminal Code making it easier for police to assist victims of domestic violence and to prosecute perpetrators. Investigators can find themselves assisting police in these types of cases because their may be human resources or labour elements to the relationship. New legislation was enacted in 1994, whereas new criminal harassment law was added to the Criminal Code under section 264. Please review here:

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-264.html

There are three critical elements in criminal harassment legislation that must be proven in order to prosecute successfully:

  1. Is there sufficient conduct?
  2. Are the behaviours done “knowingly” or “recklessly”?
  3. Does the victim fear for their safety?

20.4 CODE OF CONDUCT AND DUTY OF CARE

Code of Conduct

Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.

This regulation defines what kind of behavior is appropriate or inappropriate for Private Investigators to display while they are working. Investigators will find that respecting the Code of Conduct is, in most cases, a matter of common sense – Investigators are expected to treat members of the public in a respectful and professional manner. For instance, Investigators must:

  • Act with honesty and integrity
  • Respect and use all property and equipment with the conditions of his or her license
  • Comply with all federal, provincial and municipal laws AND refrain from behaviour that is either prohibited or not authorized by law
  • Treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability
  • Refrain from using profane, abusive or insulting language or actions, or actions that are otherwise uncivil to any member of the public AND refrain from exercising unnecessary force
  • Respect the privacy of others by treating all information received while working as a Private Investigator or Security Guard as confidential, except where the disclosure is required as part of such work or by law
  • Co-operate with the Police where it is required by law
  • Not be working, while unfit for duty from being under the influence of alcohol or drugs
  • Not to conspire with another person or aid or abet another licensee in a breach of this Code of Conduct AND willfully or negligently make a false statement or complaint against another licensee
  • Not to misrepresent to any person the type, class or conditions of his or her license

 

 

Private Investigators need to be familiar with the concept of duty of care (what a reasonable person should do in a particular situation) and be capable of securing and protecting a crime scene until the appropriate personnel arrive. It is not necessary for examination that you can recall the legal details, just the main ideas.

Duty of Care

In English tort law, an individual may be owed a duty of care by another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the duty-ower, to compensate the victim for any losses they incur. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. Its origins can be found in the case of Donoghue v Stevenson, where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence.

Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. This includes common activities such as driving (where physical injury may occur), as well as specialized activities such as dispensing reliable economic advice (where economic loss may occur). Where an individual has not created a situation which may cause harm, no duty of care exists to warn others of dangerous situations or prevent harm occurring to them; such acts are known as pure omissions, and liability may only arise where a prior special relationship exists to necessitate them.

The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case. There are two ways in which a duty of care may be established:

♦ the defendant and claimant are within one of the ‘special relationship’; or

♦ outside of these relationships, according to the principles developed by case law.

There are a number of situations in which the courts recognize the existence of a duty of care. These usually arise as a result of some sort of special relationship between the parties. Examples include

♦ one road-user to another

♦ employer to employee

♦ manufacturer to consumer

♦ doctor to patient

♦ solicitor to client

The Neighbour Principle

The notion that an individual may be owed a duty of care by another, despite there being no prior relationship or interaction, was established at common law in the case of Donoghue v Stevenson, in 1932. Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods. Mrs Donoghue’s claim for damages for gastroenteritis and nervous shock were allowed, where a ginger beer manufacturer had negligently allowed a snail into a bottle, which she had consumed. Lord Atkin established liability on the basis that a neighbour principle existed between the two parties, to ensure reasonable care was taken in the production of the ginger beer, so as not to cause Mrs Donoghue any unreasonable harm:

There must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. … The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer’s question: Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question

Lord Atkin’s speech established a neighbour principle, or a general duty that individuals must take reasonable care in their actions or omissions, so as not to cause harm to others proximate to them. It did not matter that Mrs Donoghue was unidentified or unknown to the manufacturer; as the type of harm which occurred was foreseeable through the negligence of the ginger beer manufacturer.

The Anns Test

Following the firm establishment of the neighbour principle in negligence, it became clear in subsequent years that it did not represent an easily applicable approach to new forms of duty, or to unprecedented situations of negligence. As such, new categories of negligence evolved, as in Hedley Byrne & Co Ltd v Heller & Partners Ltd, to cover different types of negligent acts, rather than a coherent doctrine or ratio being taken from Donoghue v Stevenson. Some thirty years after Donoghue was decided, in Home Office v Dorset Yacht Co Ltd, Lord Reid stated judicially that: “the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.” It was not until the case of Anns v Merton London Borough Council however, that the neighbour principle was adopted in a formal test for negligence. The case involved the negligent construction of a block of maisonettes, commissioned by the Merton London Borough Council. The flats, finished in 1972, had poorly constructed foundations, resulting in sloping of floors, and cracks in the walls. The lessees of the maisonettes sued the council in negligence, alleging a duty of care existed for the building to be properly constructed and in a usable state.

In rejecting the previous evolution of duty of care, a categorical approach where a claim would have to fit under previous situations a duty had been found, the House of Lords unanimously found a duty to exist. The test established by Lord Wilberforce – known as the Anns test – imposed a prima facie duty of care where:

  • A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage, such that carelessness on the part of the former is likely to cause damage to the latter;
  • There are no considerations relevant which may reduce or limit the scope of any imposed duty.

The Three Stage Test

Following the establishment of the two stage test for a duty of care, there was a marked judicial retreat from the test, which was widely seen as being too inclusive, and being too easily applicable to cases which might be contrary to public policy. The test was formally overruled in Murphy v Brentwood District Council, where the House of Lords invoked the Practice Statement to depart from the Anns test. The resultant test for a duty of care – which remains good law today – can be found in the judgments of Caparo Industries plc v Dickman. A large criticism of the Anns test had been that it combined the test for proximity of relationship with forseeability of harm. Whereas Lord Atkin’s neighbour principle emphasized a need for both a proximate relationship, as well as a forseeability of harm, the Anns test did not make such a clear distinction. Richard Kinder has stated that this led the courts to sometimes ignore relevant policy considerations, and to encourage “lazy thinking and woolly analysis.” The resounding test attempts to reconcile the need for a control device, proximity of relationship, with forseeability of harm. Lord Oliver’s speech in Caparo Industries plc v Dickman surmises the test for a duty of care:

  • The harm which occurred must be a reasonable foreseeable result of the defendant’s conduct;
  • A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage;
  • It is fair, just and reasonable to impose liability.

In reintroducing the need for proximity as a central control device, it has been stated that these three stages are ‘ingredients’ of liability, rather than tests in their own right. For example, liability can arise between complete strangers, where positive acts involving foreseeable physical harm occur; where negligent omissions and misstatements occur however, it is necessary to show a proximate relationship, as well as a forseeability of harm.

Status of the claimant

The status of the claimant in an act of negligence can result in a duty of care arising where it would not normally – as is the case with rescuers – or prevent a duty of care existing altogether. Claims that a doctor may owe a mother a duty of care to advise against child birth, and claims that police may owe an individual involved in criminal behavior a duty of care, have been barred. InMcKay v Essex Area Health Authority, a child’s claim that a doctor should have advised his mother to seek an abortion was struck out; Whilst the Congenital Disabilities (Civil Liability) Act allows a course of action where negligence is the cause of a disability, wrongful life has remained barred for policy reasons. Similarly, where a criminal attempted to escape police capture inVellino v Chief Constable of the Greater Manchester Police, his claim that they owed him a duty of care not to let him escape after they had arrested him was branded ‘absurd’.

Rescuers

It has been established at common law that those who attempt rescue are owed a duty of care by those who create dangerous situations, in which it is foreseeable rescuers may intervene. This duty can apply to professional rescuers – such as doctors or lifeguards – as much as ordinary individuals, and may even apply where the rescuer engages in a careless or reckless rescue attempt. The basis for this liability was first recognised in Haynes v Harwood. Here, a child who threw a stone at a horse, causing it to bolt, was liable to a policeman who attempted to stop it subsequently, and was injured. The duty was confirmed in the later case of Baker v T E Hopkins & Son Ltd, with Wilmer LJ stating that:

Assuming the rescuer not to have acted unreasonably, therefore, it seems to me that he must normally belong to the class of persons who ought to be within the contemplation of the wrongdoer as being closely and directly affected by the latter’s act.

The duty of care owed to a rescuer is separate from that owed to those he is rescuing. Where individuals trespassed onto a railway line, putting themselves in danger, they were not owed a duty of care; however, the stationmaster who attempted rescue and was fatally injured was owed a duty of care, as it was foreseeable he would attempt a rescue. Equally, a duty of care may arise where an individual imperils himself, and a rescuer is injured, despite the individual clearly owing himself no duty of care.

Duty of care for omissions

Generally, no duty of care may arise in relation to pure omissions; acts which if taken would minimize or prevent harm to another individual. However, where an individual creates a dangerous situation – even if blamelessly – a duty of care may arise to protect others from being harmed. Where an individual left his car without lights on at the side of a carriageway, he owed a duty of care to other drivers, despite the road being well lit, and was thus jointly liable when another driver collided with his car.

There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers’ Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm. In other cases, a relationship may be inferred or imposed based on the need to protect an individual from third parties. In Stansbie v Troman a decorator failed to secure a household he was decorating, resulting in a burglary while he was absent; it was found he owed a duty to the household owner to adequately secure the premises in his absence. An authority or service may equally owe a duty of care to individuals to protect them from harm. In Reeves v Commissioner of Police of the Metropolis, the police were found to have owed a duty to a prisoner – who was known to be a suicide risk – to ensure he did not commit suicide in their custody. Authorities have also been found liable for failing to protect against the risks of third parties, in certain circumstances. An education authority was found to owe a duty of care to motorists to protect against the risk of young children in a public road; a driver was injured when forced to swerve, after a four year old child escaped and ran into the path of oncoming traffic.

21.1 LEARNING OUTCOMES

Upon completion of this module, students will learn the importance and various strategies of nonverbal communications and of course verbal communications. Report writing and guidelines on giving formal testimony will also be discussed. The following is a list of topics covered:

  1. Demonstrate the key components of effective verbal communication.
  2. Demonstrate how to apply tactical communication techniques in challenging, aggressive and/or threatening situations.
  3. Demonstrate effective communication skills.
  4. Demonstrate effective defusing skills.
  5. Describe the differences between types of reports such as administrative, client-directed, investigative and Crown Counsel.
  6. Demonstrate the ability to write a detailed investigative report.
  7. Demonstrate how to write accurate field notes.
  8. Describe the proper use of the International Phonetic Alphabet
  9. Demonstrate appropriate techniques for providing testimony at administrative, regulatory and/or criminal proceedings.

21.2 COMMUNICATION SKILLS

Communication skills are the keys in the investigator’s tool kit. Spend time learning to communicate, especially if your skills are below par. Good communications include feedback from the individuals you are communicating with. Be aware of body language and non-verbal cues such as posture, eye contact, mannerisms and other physical actions that may indicate whether or not your message is getting across, or if the individual understands what you are saying.

If your subject is constantly looking around and fidgeting, they may not understand what you are saying. You must capture their attention with your communication by adjusting your style of language and your own body language to suit the situation. Similarly if you are communicating with those of a particular demographic or culture, adjusting your style of communication to suit what they are comfortable with can ease friction and allow for better understanding between the parties involved.

Remember that 90% of our communication is non-vernal and only about 10% is verbal.

 

Harassment and discrimination

Harassment is a serious matter. It can be grounds for a criminal charge. Therefore Private Investigators must resist the temptation to make any comments or jokes that might be taken as sexual harassment or discrimination. Women and men are equally capable of carrying out the duties of their jobs and should be treated as such. When dealing with either a team member or a suspect of the opposite gender, remember to respect their position as a person above all. Sometimes people make assumptions based on whether the suspect is male or female. This is not only wrong, it is discrimination.

Women may resort to violence and there are times when men are not the aggressor. Nevertheless, male violence towards women occurs at a higher rate. If you are placed in a situation where you have to deal with violence between two people in any combination of genders, carefully consider the situation before attempting to draw your own conclusions and treat both the injured party and the aggressor with equal respect. It is unacceptable to make comments of a sexual nature to your own co-workers regardless of their gender.

Under the Canadian Charter of Rights and Freedoms every Canadian has a right to expect to be treated with equal respect. Remarks directed to a person’s race, gender, sexual orientation, or religious identity are completely unacceptable in the workplace and have no place in your notes except as identifying characteristics. You may, for instance, say a suspect is female and appears to be of Asian descent, but you may not say someone looks gay or is obviously a bad driver based on their race or gender. Likewise, it is unacceptable to make comments about sex, racial biases, or religion to your co-workers. Canada does not support bigotry in any form. As Canadians, we consider our multiethnic and multiracial identity to be one of the defining strengths of our nation.

Culture and/or religious differences often create misunderstandings between individuals. In some Asian and African cultures it is not considered polite to make eye contact, especially with authority figures. Other cultures may prohibit open discussion between males and females. Some religions require specific modes of dress or behavior on particular days. It is unrealistic for you to assume an awareness of all the many cultural, religious, and linguistic variations that colour Canadian society, therefore the Guard must be willing to offer respect to all individuals you encounter on your patrols, regardless of how foreign their language or behavior may seem to be. In Canada, most people will try to speak either French or English. If you encounter individuals who are not capable of communicating in either official language, look for help. They may have a friend or family member nearby who can translate for you or there may be someone working on the site with knowledge of their language. If you do your best and if you do it respectfully, you are unlikely to go wrong.

 

7 Steps for Effective Communication

  1. Watch your nonverbal language if you cannot effectively communicate through words.
    • maintain good posture which shows respect for you and the other
    • ensure your facial gestures show that you are paying attention
    • refrain from showing frustration or anger which will make communicating even more difficult.
  2. Use plain language and avoid slang or complicated words.
  3. Stay focused on the conversation.
  4. Ask one question at a time and allow the person plenty of time to respond.
  5. Use alternative methods of communication if possible:
    • written comms may be effective
    • simple gestures can reinforce an idea
  6. Check for understanding throughout the conversation.
  7. Patience! Allow the person lots of time to figure out how to answer you.

 

When dealing with those who are uncooperative, you must be aware of your own personal “triggers” which can escalate these situations. Your personal triggers may include disrespect, sarcasm, interrupting, profanity, bullying or entering your “personal space”. Make no mistake, we have all encountered these people in our personal and professional lives, but in terms of being an investigator, it is critical to be very aware of your triggers and how to handle them effectively. Some strategies could include:

  • Putting an end to the conversation.
  • Changing the topic/subject back to the one at hand.
  • Redirecting their speech by asking them questions they will want to answer, such as: “have you come here before?” This also buys you time.

 

As a general rule there are two ways a hostile person will vent his/her aggression or hostility: verbally and physically. Identifying which type of acting-out the subject is expressing, is one of the essential tenets of managing aggressive behaviour which at first seems obvious, but upon closer examination is a critical key to intervening. Clarification of this point allows the Investigator to begin formulating concrete guidelines regarding the procedure utilized during interventions.

These two types of “acting out” behaviours often become somewhat muddled or confused and are not separated from each other. This leads to inappropriate actions on the part of the Private Investigator intervening in the situation. The first principle which must be established is: Avoid overreaction and under-reaction. Use verbal intervention when a person is verbally acting-out, and use physical intervention when a person is physically acting-out.

Things to keep in mind when dealing with difficult or angry people

  • Remain calm and show a willing listening attitude;
  • Acknowledge that the person has a right to complain;
  • Never argue – be conscious of tone, volume, cadence, facial expressions, posture, gestures, body language, and other nonverbal communications cues;
  • Admit errors;
  • Apologize, if warranted;
  • Avoid blaming;
  • Follow policies of client when trying to deal with a complaint;
  • Refer to others if the complaint is beyond your ability to deal with, or would be better directed elsewhere.

 

Intentional Deception?

Trying to spot if someone is lying to you is not as easy as you may think. Here is a look at some of the common perceived signs that someone is lying and address some considerations:

  • Eye Contact: If he isn’t looking me in the eye he’s hiding something. Well not necessarily. Some people are shy, some may perceive a power imbalance (age/authority), or it may be cultural.
  • Body Posture: The way someone folds their arms, legs or holds their head are indicators of deception. Consider that there are way too many reasons why people sit or stand the way they do for you to deduce that they are being deceptive.
  • Type of Verbal Response: Their intonation and indirect response is deceptive. People process information (questions) differently and respond differently. You also are not accustomed to how this person would normally respond.

Bottom line…don’t jump to conclusions!

 

The Phonetic Alphabet

Investigators, police and private security among others, use the phonetic alphabet to avoid confusion when communicating important information. You should know the following:

A – alpha

B- bravo

C – charlie

D – delta

E – echo

F – foxtrot

G – golf

H – hotel

I – India

J – juliet

K – kilo

l – lima

M – mike

N – november

O – oscar

P – papa

Q – quebec

R – romeo

S – sierra

T – tango

U – uniform

V – victor

W – whiskey

X – x-ray

Y – yankee

Z – zulu

21.3 INTERPERSONAL SKILLS

There are the times when you will deal with an individual who is trying to challenge your authority and the boundaries which have been established by your client. Your first tactic should be to use your verbal communication skills (enhanced by appropriate nonverbal communication) to resolve the situation. A method known as LEAPS comes from a communication style known as Verbal Judo (Thompson, 2004) and is intended to be used for gaining cooperation and compliance.

When using LEAPS, you take all of the action steps above, using them in the order they are listed. It may seem like a time-consuming process, but you can practice LEAPS in your everyday life and after doing so for some time, it will become an instinctive process for you. Taking a little extra time to use the LEAPS method in your communication may save you the amount of time it takes to resolve a situation which escalates further out of control.

“L”isten

Be an “active listener” while the individual is talking to you. Active listening is, quite simply, paying full attention to the speaker. This means you are hearing each word being spoken in addition to paying attention to any non-verbal communication. When you are actively listening, it is obvious to the speaker you are paying attention and, therefore, respected. In some cases, respectfully listening while the speaker presents his or her case may be enough to gain the compliance you seek. Here are some tips for active listening:

  • Make eye contact with the speaker
  • Nod or acknowledge certain points, when appropriate, to show you are paying attention
  • Do not “tune the speaker out” by looking around or by paying attention to other distractions (e.g., flipping through your notebook, saying hi to other passersby, or looking at your watch)
  • Do not interrupt; if you did not understand something, wait for the speaker to pause, then ask for clarification

 

“E”mpathize

To empathize with other people is to try to understand the situation from their perspective. This is not the same as being persuaded to feel the same way they do. For example, you may be on duty at a scene where a fire is occurring inside a public building. An individual may try crossing the perimeter barrier because they believe a close friend may be in danger. Your orders are to keep all non-emergency personnel from entering. You may tell this to the individual who is trying to gain access and they may ignore you, or become upset when you prevent them from entering.

To empathize with this individual, you may try to imagine how afraid they are feeling about the situation and it might help you understand how his or her judgment is being affected by fear. You would not change your mind about permitting access, nor allow the individual to enter. Instead, you would show empathy by saying,

“I understand you are probably very worried about your friend and you want to find out if everything is okay. If I let you go inside, I could be putting you in a place of danger, or, I could be putting you in the way of the people who are here to help. Neither of these situations will help your friend. I know it is very hard for you to wait and wonder, but the best way you can help is to wait out here, where it is safe.”

It stands to reason, however, that it may be difficult for you to empathize with the speaker. You may encounter an individual who is stealing items for the purpose of selling the goods in exchange for money to buy drugs. This may be very offensive to you and you may struggle to find a way to see the situation from the other person’s perspective. Try not to focus on the motivation (drugs) and instead, view the individual as a person who sees no other options and feels they are in a desperate position. You may find it easier to relate in that way.

Again, empathy is not the same as feeling sorry for someone; it is simply trying to figure out why the person is behaving in a certain way so that you can use that understanding to develop an effective communication plan.

 

“A”sk

Make sure you understand what the other person is saying to you. There is nothing wrong with asking the individual to repeat something you could not hear or to clarify something you do not fully understand. Be polite; the person may already be aggravated by the circumstances and you do not want your questions to add to the individual’s level of frustration. When asking for clarification:

  • Do not make the person feel stupid or inept; try saying “Will you please say that again? I was unable to understand you clearly.”
  • Be clear as to what you need clarification for; the individual may question whether or not you were even listening if you are not specific as to what information you are asking for.

“P”araphrase

When you paraphrase, you are taking what the speaker said and repeating it back using your own words. There are two advantages to doing so; it shows the speaker you were listening, and you are able to double check you have understood correctly. Many times, misunderstandings which occur during communication can lead to greater conflict. Paraphrasing will help minimize this risk.

 

“S”ummarize

At the end of the conversation you should summarize what has been discussed, including repeating any action steps which you or the speaker will be taking. For example, if you have denied access to an individual who failed to produce the right ticket to an event, you may summarize as follows:

“Just so we are both clear, I am not able to allow you entrance to the floor seating because you do not have the proper ticket. You have told me you have the right ticket but it is with your girlfriend, who is already in the seating area. You are going to move to the side and call your girlfriend on her cell phone and she will meet you here, with your ticket. Once I am able to confirm you have the right ticket, I will admit you to the seating area. Do you understand?”

By summarizing, you have made your expectations clear and you have provided options (e.g., get the ticket back from the girlfriend or sit in another area) to the individual. It also provides a polite signal that the matter is no longer up for discussion.

 

 

Interpersonal skills are sometimes referred to as people skills or communication skills. Interpersonal skills involve using skills such as active listening, tone of voice, delegation, and leadership. It is how well you communicate with someone and how well you behave or carry yourself.

The term “interpersonal skills” is used often in business context to refer to the measure of a person’s ability to operate within business organizations through social communication and interactions. Interpersonal skills are how people relate to one another.

Investigators often interact with a variety of individuals during the course of their duties. Their conduct is vital to the professional image of the investigations industry as a whole. Investigators should be able to scan for potential problems and act in a preventative way to avoid escalation of events.

Being courteous and professional are always essential and help to establish rapport and build trusting relationships. Strong interpersonal skills also allow Investigators to relate well to others and prevent or diffuse difficult situations.

 

When you are Respectful

  • You like yourself and treat yourself well;
  • You treat others as you wish to be treated;
  • You understand that it is important to follow laws and orders;
  • You respect the property of others.

When you are Reliable

  • You can be depended on to do your duties to the best of your ability;
  • You can take control and stay calm in emergencies;
  • You are on time.

When you are Honest

  • You tell the truth;
  • You take responsibility for your actions, instead of blaming others;
  • You can be trusted to keep information to yourself.
  • You are sincere.

When you are Principled

  • You believe in treating everyone fairly;
  • You speak out if you see someone being treated unfairly.

 

The following are ways in which Investigators demonstrate that they are acting with integrity:

  • By obeying all company and worksite rules, and orders;
  • By obeying all laws of the federal government, the province, and the municipality;
  • By setting an example;
  • By being reliable, punctual, and professional;
  • By carrying out all duties in a professional manner.

21.4 REPORTS

When working in the field, an investigator will want to keep shorthand notes, or field notes, in a small notebook. These notes will aid you in preparing a formal report later and can be referred to when giving testimony to refresh your memory. Field notes are often kept in a similar format to a Security Guard’s “memo book”.

Investigators may receive a subpoena and be called upon to testify in court in relation to a case they have knowledge of. It is permissible when on the stand to refer to one’s field notes so it is critical they are kept as neat and accurate as possible.

 

Field Note Rules

The criminal court standard for writing field notes is very high. Essentially, the courts want to see that notes are taken as soon as is practical, written in a style that demonstrates investigative integrity and are not subject to misunderstanding. Some common rules include:

  • make sure notes and observations are recorded as soon as possible. A digital recorder may assist in retaining information until the notes can be made, but the recorder should not solely be relied upon as batteries drain and malfunctions occur.
  • use black ink (it photocopies better)
  • include date, location and file reference
  • use only one notebook at a time
  • write notes in chronological order
  • use the 24hr clock
  • spell names legibly using block capitals
  • complete each line in the notebook
  • note errors with a single line drawn through the error and the line initialed by the author. Follow the error with the correction.
  • nothing erased or blacked out
  • no additional notes written above or below lines. If an explanation is needed, write on a separate line and indicate the reference
  • upon reviewing your notes, if you realize missing information, enter it at the time of your recollection
  • no personal notes
  • no notations that may have an impact on the integrity of the investigation (personal opinions)
  • pages numbered
  • notes entered in a bound book where removal of pages would be obvious

 

Who Else Can Refer To Your Notes

Co-investigators: providing they were present and witnessed what you witnessed. They can also sign your notes in this case.

Individual who have given you verbatim statements: Write their statement exactly as they have told you and have them sign it. They can refer to those notes at trial.

Legal Professionals: lawyers and judges may ask to see your notes if you use them to refresh your memory.

You: As per above, you must also ask permission prior to doing this.

 

Report Writing & Types

Administrative Reports

These are shorter and less formal reports that do not require complete paragraphs. They may be fill-in the blank and concern day to day organizational tasks including equipment checks, vehicle checks or expense claim forms.

Operational Reports

Full sentence and paragraph structure or point form. An interview may be written in this format.

Surveillance Report

This should always include identifying information at the beginning of each report as follows:

  • Subject Name
  • File Number
  • Date and Time
  • Other key variables (weather, equipment used, location etc.)

Formal Report

Almost always written in complete sentence and paragraph form, these will be very detailed and contain sections with headers. Crown Counsel reports are an example of this type of report.

 

Hearsay Evidence and its Role in Reports

It is critical for an investigator to distinguish between admissible and hearsay evidence for the content of their reports. Remember that hearsay evidence is third party evidence and is not considered by Canadian courts as admissible as direct evidence. For example someone overhearing someone else’s conversation, or an assumption that someone did something based on prior behaviour would be hearsay and should not enter a report.

Rules around hearsay arise mostly from criminal courts such as:

  • Reports need to include verifiable evidence. Opinions, conjecture and assumptions should not be included, and if they are, the reader should be made aware that they are not facts.
  • If a witness, who is not deemed by a court to be an expert, offers an opinion, then it should not be considered a fact, even if it is correct.
  • If a witness reports something that someone told them about something they witnessed, it cannot be considered a fact.
  • Only report things that a witness has experienced with their own senses.

There are fewer restrictions on hearsay evidence in civil and administrative hearings.

 

Privacy Legislation and Reports

Your investigative reports may be subject for review through Federal or Provincial privacy legislation. You must be aware that:

  • The credibility of the investigator and their agency will be judged by these reports.
  • Conclusions must be supported by reported facts.
  • It is sometimes better to refer to people according their titles and their names, as privacy legislation may dictate that their name is blacked out.
  • Take care how you reference confidential source.
  • Caution should be used when reporting on someone’s medical or psychological history.

 

Reports Should Answer the Five “W’s” and How!

Who – victim, suspect, witness, investigator, specialists, property owners, client…

What – what activities occurred, what evidence was located, what was damaged, what steps were taken…

Where – locations, activities took place, place of damage or theft

When – did the theft occur, did the damage occur, did the investigation begin, did the witness experience something…

Why – why was the activity committed

How – sometimes includes analysis along with a conclusion

 

Report Structure

Different types of reports have different structures. There is always a logical sequence for presenting the information, for example: introduction, body, conclusion, recommendation. A detailed logical sequence may look like this:

  1. Initial complaint
  2. Mandate and scope of investigative inquiry
  3. Relevant law or contractual agreements relevant to case
  4. Investigative plan
  5. Description of injuries, loss or damage being alleged
  6. Witness statements
  7. Physical evidence obtained, who obtained them, their condition and location
  8. Background of key personnel
  9. Analysis of findings and recommendations

 

Three Types of Organizational Report Structures

1.) Chronological

This can work well for shorter reports or when all activities happened in a sequence. This wouldn’t work well when numerous activities are occurring at the same time or the case is complex.

2.) Thesis and Support

This is best used when the author is trying to prove a single idea. Generally this type of report would be for a position or analysis paper, not an investigative report.

3.) Compare and Contrast

This type of report focuses on two opposing arguments with an analysis on the similarities and differences. This type of report could be used to analyze witness statements but not for an overall investigative report.

 

Giving Testimony in Court

You may be called to testify before a criminal or civil court, a tribunal, an administrative hearing or other body. Your integrity as an investigator and the integrity of your work will be tested. The rules of court are complex and strict. Here are some general guidelines to help you:

  • Be prepared. Have all of your reports, notes and evidence organized. If it appears disorganized inferences will be made to the quality of the investigation.
  • Remember that others may have the right to view your notes.
  • Dress professionally. Men, wear a suit and tie. Women, wear business attire.
  • Be punctual.
  • Be respectful to everyone and especially the judge or person in charge. It is customary to give a slight bow to the judge when entering a courtroom.
  • You may be asked to swear on the Bible. If you do not wish to, then it is permissible to “affirm” you will tell the truth. Notify the prosecutor or your lawyer ahead of time.
  • You can either sit or stand while giving testimony. Do not fidget or wave your arms around. Keep your expression to a minimum.
  • Speak clearly and with sufficient volume.
  • Do not use jargon, slang or abbreviations.
  • Make sure you understand the question before answering. If you do not understand, politely ask to have it repeated.
  • Only answer the question asked, do not speak of other things.
  • If you do not know the answer, say you do not know. Never guess.
  • If you make an error, acknowledge it and and clarify.
  • Do not play games or argue with lawyers. If you try to be tricky, the judge will also notice.
  • Do not try to be funny.
  • Your job is to report what you witnessed, not what you think or share your opinion.
  • The judge or person in charge will let you know when you are excused.
  • Be mindful of what you say to others outside of the courtroom as they may also have to testify.

22.2 SPECIALIZED INVESTIGATIONS

Private Investigators must operate in the realities of the business world. Timelines, budgets and client expectations form a major part of the work and how to deliver an ROI, or return on investment for your client.

Day to day work consists of routine research, inquiries, report writing and conversations and isn’t always the romanticized Hollywood detective imagery one may expect. A good head for business will ensure a keen investigator has success in this industry, and Ontario is a large market with lots of opportunity.

You may work for an organization that performs specialized investigations based on their industry or expertise. Whatever your work environment, remember that you will be held to high professional standards and you will need to make responsible decisions. Let’s explore some of these specialized investigations!

 

In House Investigations

In house or internal investigations typically focus on compliance issues, regulations and adherence to policies. This could focus on internal theft (shrinkage), unethical employee behaviour, or allegations of fraud. Some examples of corporate or internal investigators are:

  • Inventory tracking/loss prevention
  • Internal complaints
  • Health industry investigator
  • Airline fraud investigation
  • Utility company investigation
  • Logistics/courier company investigations
  • Municipality investigations

 

Regulatory Investigations

Investigators who have an interest in the maintenance of standards or who may have background in a particular industry, working investigations in a regulatory environment where complaints are investigated may be for you. Some examples of professions or agencies that would have these types of investigators are:

  • Health and Wellness
    • Dentists
    • Nurses
    • Paramedics
    • Doctors
    • Physiotherapists
  • Professions
    • Engineers
    • Geologists
    • Teachers
    • Accountants
    • Financial Planners
    • Lawyers
    • Financial Securities (trading)

 

Barrister and Solicitor Investigations

Legal investigations are as broad as the legal field itself. If you work with a lawyer on civil cases there are some valuable reasons for doing so:

  • If investigative work is done under the direction of a lawyer, the communications and the report are protected under “privilege”. This protects evidence from being disclosed and can be beneficial for investigation agencies.
  • The lawyer will understand what needs to be proved in a case and can therefore direct the investigator more specifically and provide expertise.

As mentioned above, there are many areas of legal specialty that hire investigators, some which are listed here:

  • Employment/Labour
  • Corporate Litigation
  • Personal Injury
  • Family
  • Wills and Estates
  • Human Rights
  • Privacy
  • Intellectual Property
  • Real Estate

When conducting an investigation under direction of a lawyer, it is critical to always get approvals with every move of the investigation. All of your findings must be reported, whether beneficial to the case or not.

 

Location of Persons Investigations

There are many reasons an investigator may be hired to find someone. A lawyer may wish documents to be served, an adopted child wanting to find their birth parents, or a lawyer wanting to find a beneficiary named in a will. When investigator are hired for “locates”, privacy legislation comes into play as you are researching personal information.

You should learn how to complete an official privacy request. Remember that you will be liable if you attempt to attain information in violation of privacy legislation or attempt to find a person for unlawful reasons, for example if someone is looking to exact revenge on someone.

 

Corporate and Due Diligence Investigations

This is an area of investigations that is rapidly increasing. Our globally connected business world means that knowing who you are doing business with is ever more important. In depth due diligence may be required before a company invests or does business with an overseas partner for example.

Typically, this area attracts seasoned investigators who are aware of multiple databases (corporate directories and civil court searches) and have established sources in a variety of fields. Sometimes, the client will be anonymous, and the operation is quarterbacked by a lawyer.

 

Insurance Investigations

Insurance investigations make up a large part of the market in Ontario. They are usually civil investigations and can be either plaintiff or defence focused. Often, insurance companies hire investigators to expose alleged fraud. There are three general areas for insurance investigators:

  • the surveillance professional
  • the background and statement-taking investigator
  • the in-house investigator

One area that you must be aware of is to avoid conflicts of interest. If there is a civil suit, it is not uncommon for both sides to hire contract investigators. Due diligence on this process is usually required prior to accepting a contract, where one can check the names of the lawyers, the plaintiffs and defendants involved.

 

Occupational Health and Safety Investigations

This area of investigations requires you to be knowledgeable of applicable federal and provincial legislation and applicable organizational policies. For example if you were working in the aviation or the transportation (trucking) industry, specialized policy knowledge would be needed.

Environmental regulations is a growing area and investigators would need to be knowledgeable of specific acts, and safety regulations if they were called to investigate a train car derailment for example. Knowledge of specific substances, their effects on people and the environment would also be needed in this case.

Working in this area, investigators may be hired to conduct risk assessments and you may be part of a larger team developing this information. An environmental investigator may also work directly with chemicals, labs and scientists. Your knowledge on the collection of evidence here would be critical.

 

Private Client Investigations

When negotiating a contract with an individual, it is critical to understand what is legal and what the client’s expectations are. What is the motivation of the client? What is the real reason they want someone found? Will providing information endanger someone’s safety? These are questions you must explore in your due diligence. A court would demand it at the very least. Keep in mind the Criminal Code sec.21 that states:

21.(1) Every one is a party to an offence who

(a) actually commits it;

(b) does or omits to do anything for the purpose of aiding any person to commit; or

(c) abets any person in committing it.

Common intention

(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

Domestic investigations are another area here that are fraught with risk as one spouse may want the investigator to bend the law to acquire damning information. You as an investigator cannot be used as a tool for harassment or put your self in danger of violating the law.

 

Retail Sector Investigations

This is a large area of employment for investigators. Many of the jobs are in loss prevention and retail risk management. Students are encouraged to view our unique in person training course we offer in retail loss prevention once they finish their investigator studies.

Loss prevention investigators are likely to make arrests frequently for crimes. The legal ability to arrest has been covered earlier (sec.494 Powers of Arrest) and the companies that employ investigators often set the policies around arrests based on the client and insurance.

Loss prevention investigators require excellent communication skills and have additional training in safety and the law. High level report writing for usage in court and dealing with the police are also part of the daily routine for many investigators in this area.

First Aid/Cpr + Investigator Training

First Aid/Cpr

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Investigator Training

Welcome to your Security Guard Course!

Ontario Justice has introduced a number of changes to the legislation affecting Private Investigators and Security Guards. These changes include the introduction of a mandatory training requirement for all licensed Security Guards in the province. The goal is to increase the knowledge-base of the individual security guard thereby increasing the level of safety enjoyed by both the guard and the public encountering private security.

Our course, in keeping with the Ministry of Community Safety and Correctional Services’ syllabus, prepares applicants for work in the field of security. Under the Ministry’s guidelines, students must complete 40hrs of training in order to be eligible for a security licence.

You need to know the basics so that you can work safely and carry out your duties in a professional manner. This course covers all of the essential areas needed for this basic training. It was designed to help you pass the provincial exam and earn your Security Guard licence.

When you start working as a guard, you will gain your own relevant on-the-job experience. You may also want to take other courses, such as Private Investigation, Use of Force, or Smart Serve Training, to increase your skills and help protect yourself and others as you perform your duties.

This course will describe, in general terms, the duties and responsibilities of a Security Guard. It is expected that students will become familiar enough with the material that they will not only be able to write (and pass) an examination, but will also be able to keep the content of this course in mind as it is called upon from day to day in the performance of their duties.

This Security Guard Course is intended to provide you with the occupational and behavioral skills and attitudes necessary to professionally function as a Security Guard as required by provincial acts, regulations and in accordance with other legislation.  The subjects covered are intended to provide Security Guards with a sound basis on which to deal with a myriad of on-the-job-responsibilities in an appropriate manner. Many tasks performed are quasi law enforcement in nature, where good public relations and awareness of the limits of legal powers and the use of force are extremely important. Upon successful completion of this training, Security Guard candidates should be able to properly:

(a) Deal with the public in a professional and ethical manner;

(b) Arrest people within the limits specified under the Criminal Code (Canada) and be aware of the rights and freedoms of individuals;

(c) Communicate effectively, both verbally and in writing;

(d) Present verbal and material evidence in Court;

(e) Write reports, protect evidence and conduct themselves appropriately in court;

(f) Direct traffic;

(g) Detect or prevent thefts and vandalism;

(h) Report and deal appropriately with perimeter protection systems, intrusion, fire, carbon dioxide, water, smoke, alarms, etc.;

(i) React and take appropriate measures in all emergency situations;

(j) Respond to bomb threats; and

(k) Perform other duties as required of Security Guards.

 

Serco DES

Serco DES is a subsidiary of the Serco Group, a parent company with operations in more than 30 countries worldwide. Serco DES is the business that was awarded the contract for implementing the testing for Security Guards & Private Investigators. Applicants should be aware of the following:

  • Serco is NOT a Government run agency. They are a private contractor that has bid on the contract and has been awarded the contract. Serco’s involvement in the licensing process begins and ends with the Ministry testing. They are not in a position to answer questions on the licensing process or the Application to Act as a Security Guard or Private Investigator.
  • The testing will be done at authorized Ministry of Transportation Drive Test Facilities. Employees of the Ministry of Transportation can NOT answer inquiries related to the testing as they are not made aware of the requirements of licensing.
  • Testing MUST be booked through their online booking system or through telephone. Contact Serco to schedule your test at 1-866-248-2555, or online at ontariosecuritytesting.com To book your test you will need:
    • Your Full Name and Date of Birth
    • Your Training Completion Number
    • A Credit Card
  • Payments may only be received by Credit Card or by Money Order. Using a Money Order to pay for the testing can delay testing, and therefore licensing, exponentially. Applicants are encouraged to use Credit Cards and Pre-paid Credit Cards for payment.

 

Ministry of Community Safety and Correctional Services and Service Ontario

To obtain more information on the Licensing process, application forms, and the application checklist visit the Ministry website at: www.mcscs.jus.gov.on.ca

Application Form (Service Ontario):
https://www.ontario.ca/page/security-guard-or-private-investigator-licence-individuals

LEARNING OUTCOMES

This module provides the student with an understanding of the following:

1.) The general role, duties and responsibilities of a private Security Guard.

2.) The difference between public and private in terms of law enforcement.

3.) The qualities and behaviors of a professional Security Guard.

DUTIES AND RESPONSIBILITIES OF A SECURITY GUARD

The Duties and Responsibilities of a Security Guard

Security Guards protect people, property and information. This session is designed to provide an overview of the principal duties and responsibilities involved in these security requirements.

Security Guards are requested by many different types of client and employers. In Ontario, the security industry is governed by the Private Security and Investigative Services Act, which states that a Security Guard is someone that “performs work, for remuneration, that consists primarily of guarding or patrolling for the purpose of protecting persons or property” [Private Security and Investigative Services Act, 2005, c.34, s.2 (4)]. This Law further details that any person performing such work must obtain and hold a valid license to act as a Security Guard.

There are many different types of individuals working in the Security Services Industry, each with their own unique place within the overall structure. Law enforcement personnel primarily enforce federal and provincial laws, as well as provide logistical assistance during emergency situations. In recent years, there has been a shift from this public form of law enforcement to the private sector, as the Police services agencies are dealing with ever increasing volumes of incidents as populations increase. The Security Guard has now become integral to the protection of citizens in Canada.

Some of the more specialized roles in the Private Security sector include Private Investigators, whose primary task is the collection of information about the whereabouts and activities of specific individuals, and Loss Prevention Specialists, who actively identify and apprehend criminal perpetrators. Mobile Patrol Services are another example of the shift from public to private security. These uniformed guards respond to alarms and patrol large areas in vehicles, tasks traditionally assigned to Law Enforcement personnel, and provide a lower cost solution to Police response, something which can be quite costly for the property owner.

An Overview Of Duties And Responsibilities

Security Guards protect people, property and information. The duties and responsibilities of a guard are extremely varied from site to site. In order to satisfactorily undertake these responsibilities, a Security Guard must understand the importance of the position and the general duties that a Security Guard may be asked to play on a day to day basis. Guards must be well attuned to changes and developments within the industry and the expectations and obligations that are owed to the client, the public, and his or her employer.

The security industry is one of the fastest growing industries in North America, as private policing enjoys an increasingly public role. According to a recent Statistics Canada survey, there are more Security Guards working in Canada today than Police Officers:

Private Security personnel outnumbered Police Officers in both 1991 and 1996. In 1996, there were 59,090 Police Officers in Canada compared to 82,010 private security personnel: 12,230 private investigators and 69,780 Security Guards.

Criminal activity is not decreasing in frequency. Police agencies are expected to do more with fewer resources. The widening gap between Police service and demand must be filled with something, and based on the experiences of the last few decades in the United States, presumably it will be filled by private policing.

 

Public And Private Security

There are two main divisions of the security industry: public and private.

Public Security

Public security agencies are those groups that perform a security function but are funded exclusively by governments in the interest of public service. These agencies include municipal, provincial and federal Police forces. Legislation in each jurisdiction initiates and empowers these agencies, mandates specific training, and creates an objective complaint review process. Police forces are granted wide-sweeping powers that are generally recognized by the public, including:

  • Preserving the peace;
  • Preventing crimes and other offences;
  • Assisting victims of crime;
  • Arresting or detaining criminals, or those suspected of criminal involvement;
  • Drafting, and laying criminal charges;
  • Investigating crimes;
  • Seizing evidence;
  • Testifying in court; and
  • Executing search and arrest warrants.

Private Security

Private security is different than public security in several significant ways. Private security is provided to clients for a fee, and except in special circumstances, has its jurisdiction limited to the property owned by the client. Rather than service provided in the interests of the public, security is provided to protect the interests of the client. Traditionally, legislation in Canada has recognized these differences and has not extended the same powers of detention, arrest, and search and seizure to security service providers as have been extended to Police.

Private security includes measures taken by individuals, partnerships and corporations designed to protect their interests. Generally speaking, these measures involve the protection of property (such as the things produced by the client and the facilities and equipment used in its production), personnel (including both the people that work on the site and members of the public having access to it), and information about the products, property, facilities, process and so on (industrial security is rapidly becoming one of the most important aspects of private security).

Companies wishing to have private security without the costs associated with developing their own security unit will often choose to contract the services of an outside security company. By contracting the services of these agencies, a company avoids incurring the costs associated with managing and administering the function. For example, the costs associated with monitoring the performance of individual Security Guards, training, providing a benefit package, and so on, are avoided.

These administrative and other costs are divided among all of the clients of the security firm, decreasing the cost of providing these services to any one client. Companies choosing to employ contract security also can avoid any difficulties that may be encountered through union and employee contract negotiations. These concerns remain with the owners of the private security firms.

Private security firms also operate independently of the politics of the host company. Employees may feel that they can trust a Security Guard from outside the company, and therefore the employee may be more cooperative during investigations than they would be if internal agents were used.

Finally, independent security companies may be able to develop expertise beyond the range of experiences usually associated with in-house security operations. Depending on the nature of the security needs of the host company, it may be more beneficial to go to the experts rather than use in-house or general contract personnel.

 

The Role Of A Security Guard

It is the role of a Security Guard to protect people, property and information. They are responsible to a variety of people:

To the employer

As a Security Guard, you have a responsibility to your employer for the security and protection of property. This involves:

  • The responsibility to make every effort to ensure premises and property are protected in an appropriate and effective fashion against a variety of natural and man-made threats;
  • Preventing, detecting and reacting appropriately to the commission of criminal and quasi-criminal actions on or against the property of the client; and
  • The obligation to perform these duties in a way that enables the client to have confidence that they will not lose business or have to pay a substantial civil claim because of the conduct of security services.
To the Public

Security is normally assigned the duty of protecting the public from loss or injury. This includes:

  • A responsibility to interact with law enforcement officials and the Justice system, where necessary, such as apprehending and detaining someone who has committed a criminal offence. Security may be able to supplement the efforts of Police, performing preliminary investigations or securing crime scenes until the Police can arrive. Security personnel may also be a valuable source of information to the Police;
  • In emergencies, people may look to figures of authority for leadership and guidance. Because of his or her position, a Security Guard is likely to fall into this category;
  • Security Guards also possess information that would assist emergency personnel in times of crisis. For example, using that knowledge in an appropriate manner by directing firefighters to the easiest or best way to the scene of a fire or to the scene of an industrial accident that has occurred on a work site more quickly than they could have found it otherwise. Or, security may be able to warn emergency crews about danger zones within the site;
  • Where criminal charges have been laid as the result of information a Security Guard gave to the Police, and the proper procedures were followed in making the arrest, the Security Guard will be expected to testify that the evidence was legally acquired, produce and/or identify the exhibits, identify the accused, and present testimony to the court in a professional manner.
To Yourself

A Security Guard should recognize that he or she is a professional and is involved in a position that involves tremendous responsibility. Often, security is responsible for protecting hundreds of thousands or even millions of dollars of property and equipment. Consequently, the guard must act in a serious and responsible manner during the performance of his or her duties.

 

Observe, Deter, Record And Report

Although a Security Guard’s role may vary, one thing will never change.

A Security Guard’s primary responsibility is to “provide protection” to personnel, property and information. It is also important to note that the days of a Security Guard “acting tough” as a bouncer and enforcing the peace on a work site through force and intimidation, are past. While there can be no doubt that some situations will involve physical intervention, the majority of tasks assigned require a Security Guard to observe, deter, record and report only. Police Officers may rely on the status of their position, their uniform, extensive specialized training, and weapons to control situations in which there is some risk of being assaulted. Most Security Guards do not have these advantages and are far better advised to watch what is going on, take notes, and contact the Police if necessary.

Deterring And Detecting Crime:

Your very presence will deter most criminals from doing something illegal on your site. However, if someone does try to commit a crime, you should respond according to the protocol the Client wishes you to follow. Not all clients want people charged or the Police called. Your response will be predetermined by the client and the security company. Be aware of what your Post Orders require you to do. If you do call the Police, be able to give them valuable information. This may help them catch the criminals or stop the crime while it is happening. You should carefully make notes so that you remember as many details of the crime as possible.

It is important at all times to work to build good relations with the Police. Together with your local Police force, you form a security team. It is also important that you know exactly what you are allowed to do and what you are not allowed to do under the law. During the course of your career as a Security Guard, you will be responsible for a variety of duties. However, your main duty in all situations is to observe, deter, record and report.

QUALITIES OF A PROFESSIONAL SECURITY GUARD

Qualities Of A Security Guard:

Character

Security Guards should be honest, courageous, alert, well disciplined and loyal. Because guards are the custodians of company and customer property, the need for honesty is absolute. Failure to prevent damage or theft of property, acceptance of bribes or gratuities, or permitting the violation of company rules could be cause for immediate dismissal.

Continued alertness is essential and might mean the difference between life and death. Some duties such as patrols tend to become monotonous over time because of their routine nature. However because the very nature of these routines is to protect personnel and facilities, which may involve danger, Guards must be constantly alert for their own protection as well as the protection of those around them.

Prompt obedience and proper execution of all orders given by superiors is always necessary. Regulations usually specify that a guard must never leave their post until relieved by another officer or ordered to do so. Guards must not allow personal feeling and preferences affect or influence their job performance. Guards must be loyal to the job, the Security Industry, and their respective companies. All decisions must be based on what is best for the organization. The guard must be able to be trusted with confidential information.

Attitude

Because the Guard is often the first contact a visitor or employee has with the organization, the manner in which the employee or visitor is greeted may greatly affect that person’s perceptions of the company. Three important factors relate to attitude:

  • Courtesy
  • Restraint
  • Interest

Courtesy is the expression of consideration for others. It eliminates friction and makes personal interactions pleasant. By demonstrating courtesy for others, the Security Guard can obtain the cooperation of everyone, an essential tool in carrying out their duties. While answering questions, giving directions and even enforcing rules or traffic regulations guards must remain courteous. A firm attitude does not require belligerence. Repeated questions by visitors or employees, even when such questions appear ridiculous, should be met with a courteous response delivered in a pleasant manner.

Guards are to act without haste or undue emotion, not to use abusive language, not to argue with anyone and to avoid using force if at all possible. A calm dignified bearing engenders respect and will usually be more effective than a belligerent attitude. Differences in opinion on politics, religion, and society should not be discussed while on duty. Tolerance for the opinion of others must always be considered. Guards must perform their duties without assuming a threatening attitude.  A Guard must also be interested in their job, and find some level of satisfaction within it. Unless the guard can find some reward in what they are doing, their attitude towards dealing with the public and other employees may become poor.

Duties of a Security Guard

Individuals are required to have a Security Guard licence if they perform work, for remuneration, that consists primarily of protecting persons or property. This includes but is not limited to bodyguards, bouncers, Loss Prevention Personnel, Mobile Patrol Guard, Event Security, and Hospital Security. You could be part of a Corporate Security detail or Armoured Car Service, or a Concierge at an upscale Condominium.

Each of these roles requires the individual to be able to work in different types of environments and with all kinds of people. In all cases, effective guards will deliver excellent customer service, be knowledgeable in their duties, and skillful in their application of the law.

Deliver Excellent Customer Service. This includes being honest, polite, interested, helpful, friendly, accountable, knowledgeable, quick, intelligent, accurate, and respectful. Guards will act in a manner that puts people at ease and our customers know that we are there to help them. They should be quick problem solvers and know the proper course of action for any situations at their particular post or duty.

Through their words and actions, guards should show respect and courtesy to all of those around them, including any subject or individual with whom you are directing, instructing, or advising on any course of action. During the enforcing of their duties, all guards will remain polite and friendly.

Your communication skills are going to be one of your biggest assets in your job. The ability to speak clearly so that others understand is a must. The awareness of coping mechanisms for stressful situations, for yourself and others, is critical, as you will be called in to mediate disputes. Pay attention to all forms of communication, verbal (voice) and somatic (body language).

Values of good service

The values of good service are the things that make a difference in the level of service and enjoyment of the customers. These values are the same across the service industry. These basics are what the customers and patrons are most sensitive to, as this is what makes a difference in how they are treated and how they associate value to the product.

Imagine going out to eat at an up-scale restaurant. What would you expect from the waiter or service staff in terms of service, assuming they are going to receive a BIG tip?  What would you expect from the food (product) given the large expense?

Imagine staying at one of the top-line hotels for an evening. How would you expect to be treated? What would your expectations be from things such as room condition? Lounge area? Staff personality or attitude?

When going into a clothing store, do you respond to pushy, high-pressure sales staff? Or do you prefer someone who takes the time to listen to what you are looking for, and offers direction and information based on your choices? One is there just for their commission; the other is genuinely interested in helping you. Who would you prefer?

Considering these aspects will help you identify what kinds of attributes create good service quality. It is how we choose to deliver these things that set us apart from others. As a Security Guard you are expected to excel in delivery of these key areas. Consider the above examples again; what kinds of words or attributes would you associate with professional, high quality, expensive and high performance service from the restaurant, and the hotel?

Would you use words such as efficient, clean, nice, intelligent, on-the-ball, courteous, pleasant, friendly, knowledgeable, helpful, fast, and grateful?

Would you like to be served by someone who is moody, irritable, opinionated, angry, upset, muttering to themselves about co-workers, unpredictable, intense, and waving their arms about unnecessarily?

Think about it. Be aware of how you are interacting in the environment.

Be Knowledgeable of their duties. This includes knowing, without having to reference, any company policy and procedure as well as site specific policy and procedures and all relevant guidelines and operational orders or any other directions you may need to follow.  It includes your boundaries in the limits of your duties as a Security Guard according to the Private Security and Investigative Services Act, 2005, and knowing how to respond in a lawful and ethical manner to any situation you may encounter during your duties.

Be Skillful in the application of the law. This includes knowing and obeying the law, post orders, and company policies. Knowing the roles that; the Security Guard, the general public or everyday citizen, and Peace Officer plays in keeping our communities safe. Each has a level of responsibility and ability to act according to their knowledge and position.

As Security Guards, our responsibility is to help protect the general public by acting as professional witnesses to the Peace Officers and Police Officers. As such, we must make sure that our actions always remain within the acceptable boundaries of the Security Guard and follow the laws that allow you to do your job, including knowing when  to call the Police to take over the situation if it escalates beyond the scope of your capabilities.

Think about what you are doing, and how you are doing it. Try to remove yourself from the moment, and imagine how your actions appear to others around you. How would a professional officer respond? Are your actions congruent with the mental image? Are you an officer, or just someone in a uniform?

In responding and assisting, avoid drawing unnecessary attention to the situation. Creating positive witnesses is important, but you must avoid creating negative witnesses as well. We don’t want the public to be stopping to stare at what you are doing, as they would when they drive by a car crash. People like to look, everyone is curious; therefore you need to be completely professional at all times. Simple awareness translates into improved job performance.

Here is a brief outline of the role that a Security Guard performs. Greater detail of these roles will be discussed throughout the course.

  • Customer Service Representative
  • Patrolling Sites
  • Loss Prevention Personnel
  • Providing assistance in securing buildings
  • Enforcement of Rules and Regulations
  • Conflict Management
  • Acting as Liaison to Emergency Services
  • Report Writing

It is important that all these duties be carried out in a competent manner and are done so within the rules and regulations of the Private Security and Investigative Services Act of Ontario, which will be set out later in this course. This Act and other Acts which affect Security Guards will be outlined later in the course. It must also be noted that one of the greatest criticisms of Security Guards is acting as if they are Police. This couldn’t be farther from the truth. A Security Guard is not a Police Officer in any regard. Security has clearly defined legislation to allow some enforcement of some laws; however they do not have the same powers, responsibilities, or duties as Police Officers.

As a Security Guard it is important to have an understanding of the laws that govern the security industry and those laws which a Guard is authorized to enforce. This law affects the guard’s powers’ of arrest and limits their actions. The law is set out not only to protect people in society from crimes, but it is also meant to protect those who enforce the laws and those who break the laws. It must be remembered that all persons are innocent until proven guilty in a court of law. Although this has become somewhat of a cliché, it is a fundamental aspect of the way the law works in Ontario, and must be respected by anyone active in any way in law enforcement. Even if a guard sees the criminal act take place, such as shoplifting or trespassing, one must remember that everyone is entitled to their day in court.

Professionalism, Public Relations, and Personal Image

This area is easily one of the most important aspects to be aware of and improve on during your working time at the site. Everything from how you interact with people to how you carry yourself, from your unconscious body language to your posture and attitude. Everyone you meet is quietly taking note of how you carry yourself. Everyone you meet is also a client- you are constantly being evaluated by the people who pay for your service. This can be both good and bad. If you are aware of your words and actions, then you can use this to propel yourself and career to new heights and be recognized for your efforts. This also means however, that small slips and even minor mistakes and oversights could land you at another job site very quickly.

So how do we improve on our self-image? How do we ensure that we are putting our best foot forward? How would you want to be seen and remembered by the people who finance your paycheque? Through careful attention to your: Body Language & Mannerisms, Uniform, Vocabulary & Speech Patterns, and Personal Hygiene.

  1. Body Language & Mannerisms
  2. Vocabulary and Speech patterns
  3. Personal Hygiene
  4. Uniform

Body Language & Mannerisms

Your body language conveys a stronger message about yourself than perhaps any other observable method, except maybe fashion and clothing style. Before you even get a chance to speak to your subject, they already have an opinion of what they perceive, who you are and how you will treat them. Combine this with the first few words or sentences you speak and this forms the basis of the first impression. Studies have shown that first impressions are formed within the very few initial seconds of meeting someone and those impressions rarely change over time. Stereotypes play a part of this initial judgment, as do past experiences with people in similar trades, lines of work, or fashion groups. Personal experience and perceived image of the individual are filters through which all the rest of the interactions will now be subject. It is vital that you not only create a good first impression, but that you foster a positive mental image of your position, company, fashion style, and personality to help change the stereotype that you fit into. In future encounters, you want to encourage everyone you meet to see others in your position, in the same manner that you wish to be treated.

So, what are some things we can do to create a positive first impression? How can you ensure your body language is presenting you in the best light? Here are some things to consider when presenting yourself.

  • Posture: Are you slouching? Sit and stand with your shoulders back and relaxed. Think touching your shoulder blades together and have your back straight
  • Eye line: Relax your eyes and avoid squinting. Look at people in the eyes when speaking with them.
  • Head position: don’t tilt your head, or look to the floor. Your head directs the rest of your posture, keep it up. Look at the horizon when moving.
  • Gait: Walk in a relaxed manner. Take comfortable steps, with sure and firm footing. Take your time, relax your stride. Walk with confidence.
  • Tension: Relax. People can tell when you are tense. Whether it’s due to stress or effort, you don’t want to have your muscles flexed and hindering your natural movement patterns when at work.

The second part of body language is how you are speaking to people and what types of movements you use. Your subconscious habits should not put people off, or be distracting. Consider the following few points.

  • Do you use your hands when explaining something?
  • When you get excited or nervous, do you tend to move quicker?
  • Have you ever felt frozen on the spot before? Why? What happened to create this?
  • Do you have any repetitive habits or actions? (e.g.- biting nails when nervous)
  • Are you animated or are you subdued?
  • Do you have any facial expressions that you use often? Do your emotions show in your face and eyes? How is your poker face?
  • Are you able to project your emotions? (Do others quickly feel the same as you? E.g.- when you’re angry, it seems that everyone around you becomes angry too)

You can most likely come up with many more personal observations. Think about what you tend to do. Not all of these things are necessarily bad, as long as we know about them and can keep them in check. Once you get comfortable with them, some of your mannerisms can be used to create understanding, or a welcoming environment. You can help others relax by projecting a calm and patient demeanor through your body language. On a very basic level, remember that all animals communicate through body language, and to some degree, reading the ways people move is hard-wired into our brains through evolution. Its unavoidable, so control it and use it to your advantage.

Vocabulary and Speech patterns

For correct communication, the art of listening and speaking properly are greatly undervalued. The words you use, and how you use them make a big difference on how people will treat you and how they interpret your point of view.

While listening to a complaint, or customer, you need to be fully in the moment and not thinking ahead, or readying a prepared answer. Just listen, wholly, to the argument presented. Things such as eye contact, your posture and body language, being able to stand still and not be distracting with your attitude or mannerisms (fidgeting), will carry across to the customer that you are there to listen to them, and help them if you can.

When speaking with others, try to mimic the type and sophistication level of language that they use. Use the same descriptive words that they are using. The idea is not to copy what they are saying, but to attempt to relate to their level of education and upbringing through the kind of language you are using, this is called Empathetic Communication. Using characteristics such as similar vocabulary, keeping a calm and pleasant tone of voice, allowing time for the listener to fully comprehend what is being said, speaking slowly so as not to be racing through your thought process, and taking your time to explain things fully, are going to ensure that you are understood.

Your voice will also affect how others see and interpret your actions. Speak calmly, and forcibly if need be, but always politely with the intent of assisting those you are helping. You should be easy to recognize as an officer, taking care in your appearance and posture, equipment and conduct.

Speak slowly. When we are nervous, hurried, or multi-tasking, sometimes there is a tendency to speak more quickly. Relax, and take a breath. Always be polite. Adding the ‘Please’ and ‘Thank you’ will go a long way. Even if you have to be forceful in your speech, you can still be polite.

Always be aware of how and who you are speaking to. You must have just cause to interact with the individuals and your interactions must be appropriate for the time and place of business. Even while resolving a problem issue, you are still observed by those around you, and must ensure that your level of service is still observed as professional.

All your interactions should be at the same level of service, no matter whom you are helping. Keep in mind these values of good service as you go about your job; be polite, courteous, respectful, knowledgeable, efficient, helpful, friendly, and authoritative.

Personal Hygiene

Your personal appearance and hygiene are very important. We wish to be seen as professional and knowledgeable. Keep your uniform washed, clean, and pressed in neat order. Your shoes should be polished and equipment in order. Duty belts should not be overloaded with items. Some items you may carry are: medical gloves, tactical gloves, keeper or key-ring, and flashlight and holder.

These things make a difference on how people will treat you, as well as how they perceive your words and actions. You should be seen as a professional. Other professionals keep themselves neat and clean looking. No one wants a lawyer, surgeon, or Police Officer who has an odor problem, or who doesn’t comb and wash their hair.

Uniform

Your uniform should be pressed and complete. If a tie is to be worn, then wear it. Shoes or boots must be polished. Your jacket should be clean and free from dust and debris. All proper identification must be displayed. Make sure you air out your uniform every day. Do not keep it in a closed gym bag or knapsack if transporting it from home to site. Do not keep it locked in a locker for too long, without bringing it out for washing. Read your company’s employee handbook or uniform policy and follow it. Some important things to remember are:

  • All guards will make sure that they have a clean and properly pressed uniform for each shift. Each guard is responsible for the care of their uniform and to make sure that all proper equipment is worn during each work shift.
  • All guards are not permitted to wear any identifiable uniform or equipment part when off duty in any public place. No unauthorized equipment such as batons, handcuffs, pepper spray, and scanners are to be worn or used without proper authorization.
  • Guards may not consume alcohol while on duty or while wearing any part of the uniform. Smoking and chewing gum while in uniform and/or on duty is not permitted.
  • Guards should not partake in horseplay, practical joking and fraternizing while on duty. A military bearing should be encouraged. Guards should not lounge, slouch, or have their hands in their pockets during work shifts.

Guidelines for Proper Conduct and Deportment

The simple appearance of a guard is often insufficient as judgments are often made based on levels of communication, proper conduct, and professional deportment. Guards should be mindful of the following with respect to their behavior:

Dignified and confident. An important part of every Security Guard’s duty is to perform with confidence and dignity. By carrying out all aspects of the job with dignity, the Security Guard will command the respect of the people around them. Confidence can assist the Security Guard in performing their duties by silently reinforcing the authority that has been given to the Security Guard. An attitude of confidence tends to spread to the people who come into contact with the Guard during their duties. This feeling of reassurance is invaluable in dealing with emergency situations and goes a long way to resolving difficult interpersonal interactions. By dealing with the public with an attitude of respectful self-confidence, problems can be resolved quickly and cooperation from the public is more easily attained.

Calm and composed. In emergency or crisis situations, the Security Guard will be looked to as a person who should handle the situation. By accepting this role, the Security Guard also accepts the responsibility to remain calm and composed and to act efficiently to assist emergency services personnel in the swift resolution of the crisis. If the Security Guard loses their composure in a crisis situation then it will only add to the level of panic that is already present in the crowd. In any situation, the Security Guard must react quickly and handle the situation to the best of their capabilities. If the situation calls for an evacuation, then the Security Guard must direct patrons to the nearest safe exit point. By doing this in a calm relaxed manner, the guard will avoid mass confusion by giving the impression that the situation is under control. This will allow the evacuation to take place with maximum efficiency, which in some situations, could save lives. If a person is seriously injured, by remaining composed the Security Guard will be able to respond smoothly, reassure the public and get the help that any individual may require.

Tactful and considerate. A Security Guard is employed to protect the interests of the property owner; however the everyday citizen often assumes that the guard is there to protect the interests of the general public. This perception does not limit the guard’s ability to do their job. Public support can often be one of the guards’ most valuable assets. In order to carry out the orders of the security job, a guard must have the respect of the people on the site. This attitude of respect and consideration is especially important in dealing with individuals who may be intoxicated or otherwise incapacitated.

Confrontational individuals may not be accustomed to being treated with respect and dignity. This can work in a guard’s advantage in dealing with a difficult situation. Kindness, consideration, and tact should always be the first method of approach with any individual. No matter what their situation, human beings respond best to those who allow them to keep their dignity. Those who are not accustomed to being treated with consideration and respect often respond to tact and kindness more positively than those who receive these pleasantries all the time. An attitude of consideration and tact can help the guard to accomplish the duties of their job more easily than one of disregard or contempt. Treat all individuals you encounter as you would like to be treated. As you do not know all the details of their story, it is always wisest to assume the best about people. Drunk or disorderly persons are still in full possession of all their human rights under Canadian Law, and therefore deserve to be treated as such.

Exercise restraint. Restraint is an important factor when dealing with difficult or angry people. The Security Guard should act without haste or undue emotion. Abusive language, arguing, or force should be avoided in all situations if possible. Difficult and angry people may raise their voice, shout, yell, or they may even be verbally abusive. Actions such as these will add to the frustration of dealing with the situation. If the Security Guard uses restraint in dealing with the situation it will work to the benefit of the Security Guard if the person files a complaint with the company or individuals in charge of the site. Restraint is an attitude that must be stressed as it can assist in making the best of bad situations.

Maintain proper physical stance. While the Security Guard is stationed at their post or on patrol, they must maintain a proper physical stance to show the public that they are alert, interested and proud of their job. By slouching, leaning, or squatting the Security Guard conveys disinterest in their assignment. It also tells the public that the guard would rather be somewhere else, or doing something different. There will be times when a guard is stationed alone at a post for long periods of time with nothing happening around them. Even when there is nothing apparent, all guards should always maintain a proper physical stance in anticipation of a requirement to respond. This, if nothing else, will convey a positive personal image of the guard and his/her personal standards of performance, as well as show respect for the Client, Security Industry, and the Security Company. It gives the public a positive image of what it means to be a guard. A Security Guard is not permitted to smoke, chew gum, or eat while on duty. Security Guards should not lounge, slouch, or have their hands in their pockets while on duty. The consumption of alcohol during, or immediately before a shift, is expressly forbidden. Use of alcohol or narcotics either before or during a shift is cause for immediate dismissal.

Walk smartly and with purpose. When the Security Guard is on patrol or commuting between two areas of the site, they should do so with purpose. The guard should never drag their feet on the ground or walk with a relaxed posture. These factors add to the overall view of the Security Guard and the client. By walking with purpose the guard shows interest in the duties that they are performing. This image can add to the respect shown by patrons of the site.

Maintain the work post (clean and tidy). Maintaining a clean work post is important in the completion of the Security Guard’s duties. Everything at the post should have a place. There should be no clutter. Organization not only helps the guard on shift, but it also helps those relieving them. Shift Reports must be stored in chronological order to ensure accuracy and ease of finding necessary information. Shift reports are often stored in binders and these binders and reports are often stored at the particular site. The binders or file cabinets should have a label of the date range of all reports contained therein.

When working at a fixed post, there will be necessary paperwork at the site. This paperwork must be maintained according to post orders. The client must be able to access the information without having to search for it. In order to save time, ensure that all paperwork is filed properly and can be easily retrieved. A messy post does not contribute to the positive image of the Security Guard or the company. By maintaining a high level of professionalism and keeping the work area clean, neat and tidy, the guard can inspire confidence in their clients and co-workers.

Present positive personal attitudes/modes of behavior. Maintain a positive attitude. Attitudes are surprisingly contagious. It takes only one person with a negative attitude to affect those around them. Guards should perform their duties without assuming a threatening attitude as well. They should be impersonal in carrying out their duties at all times. Attitude can be compared to our ‘mood’ and it is within each one of us to choose our attitude consciously each day.

The Security Guard must also give the impression of being interested in their job. Interest and satisfaction in your work affects your attitude towards the public and in turn affects the public’s attitude towards you. Security Guards must give their full attention to their work.  Therefore, activities such as reading, listening to music, playing hand-held video games, surfing the web or any other distraction or activity that falls outside of the guards duties are not permitted.

Security Guards must be alert at all times. There is no time for sleeping while on duty. Horseplay, practical joking, and fraternizing while on duty will reduce the guard’s effectiveness. A professional and responsible work environment must be maintained at all times.

Guidelines For Discipline And Integrity

Since Security Guards are uniformed professionals, it is essential for the guard to act in a disciplined manner and reflect client needs, the values of the company they represent, and standards set out by the security industry. To effectively accomplish this, guards must keep the following in mind:

Obey rules, orders and the law. A Security Guard’s job is to enforce rules and regulations at the site where they are posted. Alongside these responsibilities, the Security Guard will be closely watched by the public, as well as colleagues and supervisors.  Infringements on rules and regulations will be looked for. Therefore, it is important that the guard follow each of the rules set out by the company, the Private Security and Investigative Services Act, as well as the Criminal Code of Canada. The Security Guard must follow the guidelines of the law. This will avoid any prosecution against the Security Guard.

Set an example. The Security Guard has been placed in a position of authority. In this role, it is important to set an example while carrying out your assignments. This can be done with little effort and quite easily by the guard. By performing their duties with interest, the guard will take pride in what they do and show that they are not just here for a paycheque.  Confidence is important while carrying out their duties, as it reinforces the pride in the work that they are performing. Respect is not only an important factor in setting an example; it is also a good practice to use in everything that the Security Guard does. If you convey respect for all the individuals at the site, then they will have respect for the guards.

Be reliable and punctual. Reliability and punctuality are characteristics that can make or break the positive image of the Security Guard. It is advisable to be at the site fifteen minutes before the start of the guard’s shift. This is advisable so that the Security Guard can be properly briefed on the events that occurred during the previous shift. It also gives the Security Guard time to be fully prepared for the shift and ensures that the guard being relieved can leave promptly at the end of their shift. If the Security Guard is going to be late due to unforeseen circumstances then they must give the dispatcher enough time to inform the guard already on shift. Punctuality enhances reliability. By being punctual, the guard shows the client that they are reliable. Being reliable and punctual reflects well on a guard’s performance and will be reflected in a positive performance evaluation.

Get the job done. When performing duties on site, the guard should attend to them as soon as possible. Procrastination will lead to tasks being left uncompleted. This reflects highly on the Security Guard’s reliability and dependability. If the Security Guard is given a duty outside of normal post orders, then it should be completed right away. This is providing the client good customer service, which adds to the positive image of the Security Guard. If a patron to the site brings a problem or complaint to the guard, it should be dealt with promptly, even if it means temporarily interrupting the other duties of the post.

Avoid offering or receiving favours. Favours should be avoided at all times while the guard is on duty. It is a nice gesture if someone who is not a Security Guard, offers to help assist the guard in their duties. However, the problem in accepting assistance is that if the job is not done correctly, then the responsibility for mistakes remains with the Security Guard. It is the guard’s responsibility to perform all of their duties and to ensure that they are done properly. The same can be said for offering a favour to perform a function that is not the duty of a Security Guard. If the job is not done properly, then as a person in a position of authority, responsibility for the mistake could rest with the guard as he/she is the one who was expected to perform the task. By doing tasks that are not assigned to the post, the guard takes time and effort away from the duties they have been assigned to complete. Attention diverted from the Security Guard’s duties can also give criminals the opportunity to perform criminal acts. Avoid being distracted at all costs while on duty. Security Guards are not permitted to accept gratuities (tips). Accepting money while on the job could give the impression that the guard is accepting a bribe.

Maintain an interest in the job. There will be times when a Security Guard on duty, loses interest because of a lack of occurrences on shift, or because they are posted overnight. It is during these times that the guard will have a tendency to relax and take their job lightly. This is an understandable and common problem in the security industry, but it is up to the guard to ensure that they show interest in the duties they are performing. The Security Guard should never read, use personal listening devices, or sleep while at the work site. In order to remain professional in appearance, the guard must never sit, lean on doors, walls or act in any manner where they appear not to be interested in working. Maintaining an interest is easy. If there are no occurrences then the guard could go on an extended patrol, or speak with tenants or patrons to ensure that there are no problems or complaints. When speaking with people, keep the conversation short and do not let it distract you from the duties that you are responsible for.

Review one’s own performance periodically. Self review can help the guard perform their job better than any number of training courses.  Self review can be done at any time and is as simple as asking someone what the guard could do differently or what they could improve upon. Self review need not be limited to the opinions of the client. By speaking with co-workers and colleagues, as well as supervisors and regular tenants or patrons to the site, the Security Guard can get an alternate picture of their performance. The Security Guard can then try to figure out how to improve their performance and try to find ways to make the way they complete their duties easier and more efficient.

Life as a Security Guard

Security Guards have demanding jobs that often involve stress and unusual work hours. Candidates should be aware that security is a 24-Hour, 7-day a week industry, often working through holidays. It is often when everyone else is going home for the night, that security is just beginning their shift, and starting their work day. Some of the more demanding aspects of the job are:

  • Rotating and random work schedules
  • Responding to incidents in adverse conditions
  • PTSD (Post Traumatic Stress Disorder) after dealing with Emergency Situations or Violent events
  • Working in dangerous areas and around hazardous materials
  • Interacting with possibly violent or aggressive people, mentally or emotionally disturbed persons, and other high intensity mediation situations
  • Increased accountability and responsibility
  • Increased workload during busy times

In the course of their duties, Guards often have to remain calm and relaxed in the face of stressful situations. Guards should be aware of their stress levels in their jobs and speak with their manager or superiors to make sure that they are not suffering from burnout or anxiety from their work environment.

3.1 LEARNING OUTCOMES

Upon completion of this module, students should be able to explain and identify:

1.) Private Security and Investigative Services Act, 2005 (PSISA)
• Explain an individual’s responsibility regarding licensing, including the licensing process and mandatory requirements
• Describe the general duties, standards, practices, regulations and prohibitions
• Explain the requirement to produce a licence

2.) Code of Conduct
• Explain the relevant components and the consequences of failing to comply
• Define complaint procedures

3.) The Security Guard Licensing Process

3.2 PSISA AND CODE OF CONDUCT

This lesson introduces the student to his/her responsibilities as a Security Guard under the PSISA. The Private Security and Investigative Services Act, 2005 (PSISA) regulates the security industry. As such, Security Guards must be familiar with the PSISA to ensure they follow the regulations and prohibitions including the Code of Conduct.

 

Ontario Provincial Legislation

The Private Security and Investigative Services Act, 2005 (PSISA, 2005)

In Ontario, Security Guards and Private Investigators are presently regulated by provincial legislation, called The Private Security and Investigative Services Act, 2005.

This legislation also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before employers could license an individual as a Security Guard.

These changes were introduced because the security industry had undergone significant changes in the years since legislation regulating the industry was first developed and implemented. The changes were viewed as necessary to ensure that both the public and the employees in the industry were adequately protected in performing security functions.

There are 8 parts to the PSISA, 2005, c.34

  • Interpretation and Application
  • Administration
  • Prohibitions
  • Licensing
  • Complaints and Investigations
  • General Duties and Standards of Practice
  • General
  • Regulations

The Registrar is given the authority to issue or renew a license. A license may be refused where:

  • The fee has not been paid;
  • The applicant cannot reasonably be expected to be responsible as a licensee;
  • Past conduct suggests the applicant will not conduct him or herself with integrity;
  • The applicant has contravened the Act, the regulations, or a term or condition of the license;
  • The applicant has been convicted of an offence;
  • Issuing or renewing the license would be prejudicial to the public interest.

The Registrar may amend, suspend, or cancel a license for any of the grounds set out above or where the licensee:

  • Has made a material misstatement in the application for a license or the renewal of a license;
  • Has committed an act of misrepresentation, fraud, or dishonesty;
  • Is no longer a fit or proper person to carry on as a licensee;

Where a license is cancelled or suspended, the license must be returned to the Registrar.

  • The Registrar possesses the general power of investigation under the Act and in respect to the delivery of services. The Registrar may inspect the business offices of any person being investigated and may obtain a search warrant to enter a dwelling house.
  • Where the Registrar receives a complaint from a member of the public about a licensee, he or she may conduct any investigation necessary. The complainant must be advised of the results of the complaint.  Any information received by the Registrar must be kept confidential, unless the Minister expressly authorizes its release.
  • The Registrar may apply to the court to obtain a search warrant.
  • Obstruction of the Registrar’s investigation is an offence under the Act.
  • The Registrar may apply to the court for a restraining order to prevent the violation or continued violation of the Act.
  • The Act prohibits certain behaviour. Licensees cannot:
    • hold themselves out as police officers or connected to a police service;
    • refer to government licensing or bonding in any advertisement;
    • use a name other than the one under which they are licensed;
    • use the term “detective” in describing themselves;
    • allow other persons to use their license.

Licensees Must:

  • Only wear a uniform approved by the Registrar;
  • Carry and present their licenses to anyone making that request;
  • Comply with any terms and conditions of their licenses;
  • Be over 18 years of age;
  • Return their licenses to the Registrar when they expire, or are terminated, suspended, or cancelled;
  • Report to the Registrar any incident involving a member of the public involving the use of force or other unusual intervention.

Offences

If a security guard willfully commits an offence under the Act, there are severe penalties that can be imposed by governing bodies. Security Guards commit an offence if they:

  • Knowingly furnish false information in any application or in any statement or return required under this Act or the regulations
  • Fail to comply with any order or other requirement made under this Act or the regulations
  • Fail to comply with a condition of a license
  • Contravene or fail to comply with any provision of this Act or the regulations

In the case of a person other than a corporation, a first offence may result in a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

In the case of a corporation, the first offence may result in a fine of not more than $250,000. In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.

Identification of Security Guards

When new legislation came into force, the guidelines with respect to the identification of Guards changed significantly. While working, every Guard shall, upon request, produce his or her license for inspection to any person. Much like Police are required to produce their badges, Security Guards must be able to properly identify themselves when enforcing the law on their sites.

35. (1) Every person who is acting as a Security Guard or holding himself or herself out as one shall,

  1. Carry his or her license;
  2. On request, identify himself or herself as a Security Guard; and
  3. On request, produce his or her license. 2005, c.34, s.35(1).

General Rules and Standards of Practice

These are some of the rules that Security Guards must be mindful of during their day-to-day activities. They can be found between sections 35 and 40 of the PSISA.

  • Security Guards must always carry their licence with them when they are working (including “plain-clothes” Security Guards, e.g. loss prevention personnel or bodyguards). They must also identify themselves as Security Guards, and show their licence, if a member of the public asks them to do so.
  • With the exception of bodyguards and loss prevention personnel, Security Guards must wear a uniform while working. See below for further information on the Uniforms Regulation.
  • Security Guards are prohibited from carrying any symbol of authority, other than their licence and uniform (for example, a metal badge is prohibited).
  • Security Guards are prohibited from holding themselves out as police officers, or performing police-related duties. For this reason, they are also prohibited from using the following words when referring to their work as Security Guards: Detective or Private Detective, Law Enforcement, Police, Officer

For example, Security Guards are prohibited from referring to themselves as “security officers”.

 

Licensee May Not Act As A Collector, Etc.

Security Guards cannot act as a collector with respect to the collection of accounts, acting as a bailiff, assisting with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).

Canada’s Multicultural Society

Canada is a recognized multicultural society. The multiculturalism policy of Canada supports and encourages people from cultures living in Canada to both share and retain their cultural uniqueness. There is no requirement for new Canadians to become assimilated into the Canadian fabric, if by assimilation we mean the discarding of those cultural practices and traditions that are important to them. The only requirement is that all Canadians abide by the laws of the land and the Constitution.

The multicultural policy promotes that all Canadians respect the differences between cultures. In so doing, people may find themselves in situations where they are unfamiliar with the cultural practices of others. In these cases, it is suggested that every effort be made by both groups to become familiar with the cultural practices of the other, especially if there is to be a working relationship.

Living in a multicultural society means that people from all cultures receive the same rights and freedoms if they obey Canadian laws. Every year new immigrants and refugees come to Canada, many of whom do not speak or understand English well. You will meet many such people in your role as a Security Guard. Many people will see you as an authority because of your uniform. In some other countries Security Guards are more involved in police work than they are here. Some people may react strongly toward you because they have had bad experiences with authorities in their country.

Code of Conduct

Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.

This regulation defines what kind of behavior is appropriate or inappropriate for Security Guards to display while they are working. Security Guards will find that respecting the Code of Conduct is, in most cases, a matter of common sense – Security Guards are expected to treat members of the public in a respectful and professional manner. For instance, Security Guards must:

  • Act with honesty and integrity
  • Respect and use all property and equipment with the conditions of his or her license
  • Comply with all federal, provincial and municipal laws AND refrain from behaviour that is either prohibited or not authorized by law
  • Treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability
  • Refrain from using profane, abusive or insulting language or actions, or actions that are otherwise uncivil to any member of the public AND refrain from exercising unnecessary force
  • Respect the privacy of others by treating all information received while working as a Private Investigator or Security Guard as confidential, except where the disclosure is required as part of such work or by law
  • Co-operate with the Police where it is required by law
  • Not be working, while unfit for duty from being under the influence of alcohol or drugs
  • Not to conspire with another person or aid or abet another licensee in a breach of this Code of Conduct AND willfully or negligently make a false statement or complaint against another licensee
  • Not to misrepresent to any person the type, class or conditions of his or her license

Skills Called Upon During Ordinary Duties

Commonly, guards will be called upon to demonstrate:

  • Courage in emergency situations;
  • Calmness during disorder or confusion;
  • Genuine interest in the safety and welfare of the persons on a worksite;
  • The ability to deal with people in an understanding way.

A Security Guard who:

  • Appears to do little;
  • Has little knowledge of what is going on around him/her; and
  • Lacks interest in performing his/her job;

is not an asset to the employer or the client he/she is performing the duty for. Such attitudes tend to destroy the company’s image and any chance of a good relationship with the people the guard encounters in performing his or her duties.

Again it is emphasized that appearance, attitude and training are the three most important factors to promote a good public image.

Today, guards are asked to perform a variety of complex functions with discretion, diplomacy and tact. Guards are expected not only to look more professional, but also to have a greater knowledge of the laws and policies related to their industry. Some of these expectations include:

  • Acting in an honest and ethical manner at all times;
  • Being sensitive to people with special needs, different backgrounds, communities and cultures;
  • Possessing knowledge of criminal law, and their powers and responsibilities under it;
  • Possessing knowledge of their employer’s policies, and the policies of the client, in order to act in accordance with them;
  • Being well-trained and able to respond quickly and appropriately to the routine situations they will encounter every day on the work site. If emergencies arise, security will not panic but provide assistance to those in need;
  • Being properly attired and neat and clean in appearance;
  • Acting in a disciplined and professional manner, even when encountering difficult people or when placed in difficult situations, treating all people with respect and dignity.

The Regulations (under Part 8 of our PSISA, 2005):

  • Define and explain some of the terms used in the Act;
  • Outlines the process and the required forms for applying for a business or employee license;
  • Sets out the classes of persons exempt from the provisions of the Act;
  • Explains the type of licenses that may be granted (i.e. license renewal);
  • The application to renew must be made before the expiration of the current license. Should the Registrar receive an application after the expiration date of the current license, it will not be treated as a renewal. There will be no exceptions, so everyone should be aware of this;
  • Every licensee must be familiar with both the Act and regulations.

UNIFORMS (Ontario Regulation 362/07)

With the exception of bodyguards and loss prevention personnel, all Security Guards must wear a uniform that complies with the Uniforms Regulation. If a guard works for a licensed security agency, his or her employer is responsible for ensuring that the uniform meets all the requirements. Please note, Security Guards must also be familiar with the regulation, as it is their responsibility to wear the proper uniform on a daily basis. Some key points to look out for:

  • The term “SECURITY” or “SECURITY GUARD” must be displayed on the uniform in specific places and specific dimensions.
  • The uniform must include an identification tag, which shows the licensee’s name, or licence number or both.
  • A Security Guard uniform should not bear any traits that resemble a police uniform, such as rank chevrons, a police-style forage cap, or stripes down the side of the trousers.

EQUIPMENT (Ontario Regulation 366/07)

In some cases, guards working in Ontario may be granted permission to carry and to use certain devices to protect themselves in dangerous situations. The Ministry allows an individual to carry a firearm, baton, handcuffs, or allow the use of a guard dog in the provision of services. In such circumstances, the following conditions must be met always:

  • The equipment or device must be supplied and issued by the licensed or registered business entity. Guards who already own their equipment may not use their own personal devices while working. The employer must also keep a record of what equipment has been issued to each individual. This rule ensures that employers are fully aware that their employees are in possession of such equipment, and ensures that the actions and liabilities of the Guard while using these devices is covered under the employers insurance. In the case of firearms, the individuals are subject to the rules and regulations set out under the Firearms Act.
  • The employer must ensure that each individual is insured against liability resulting from misuse of the equipment provided.

While some devices are acceptable under Ontario law, guards should always check with their employers and the Ministry of Community Safety and Correctional Services to ensure that the equipment is authorized for use by a Security Guard. In some cases, new technologies, while based on technologies in common use, may not be acceptable according to the regulations. For example, while handcuffs are acceptable, Guards are not permitted to use cable ties or flex cuffs as restraints in the provision of security services. While in use by Police Services worldwide, such restraint devices do not have the same safety measures that handcuffs provide, and also often require a cutting tool to remove them which can pose a danger to both the Security Guard and the offender during incidents.

Firearms

1.  An individual licensee may use a firearm in the provision of Private Investigator or Security Guard services only if he or she is authorized to carry the firearm under section 20 of the Firearms Act (Canada). O. Reg. 283/09, s. 1.

Batons

2.  (1)  An individual licensee may use a baton in the provision of Private Investigator or Security Guard services only if the following conditions are met:

1. The baton is issued to the individual licensee by the licensed or registered business entity that employs the individual licensee.

2. The individual licensee may use the baton for defensive purposes only. O. Reg. 366/07, s. 2 (1).

(2)  A licensed business entity shall carry insurance to cover the risks associated with its employees carrying batons. O. Reg. 366/07, s. 2 (2).

Handcuffs

3.  An individual licensee may use handcuffs in the provision of Private Investigator or Security Guard services only if the handcuffs are issued to the individual licensee by the licensed or registered business entity that employs the individual licensee. O. Reg. 366/07, s. 3.

Restraints

4.  An individual licensee may not use cable ties or strip ties as restraints in the provision of Private Investigator or Security Guard services. O. Reg. 366/07, s. 4.

Oversight by employers

5.  A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 366/07, s. 5.

USE OF ANIMALS (Ontario Regulation 365/07)

Guard Dogs are permitted under a regulation of the PSISA. The Ministry has imposed strict guidelines on the use of animals when providing security services that prohibit the use of a dog for illicit purposes. Guard dogs may only be used to detect people or objects on sites, and never to control the actions of individuals or for the pursuit or restraint of persons. Furthermore, an animal may only be used if it is accompanied by an individual licensee that is properly trained in the use of a Guard Dog, and then only if the dog is on a lead and is wearing a fluorescent collar and identification tag that includes the name of the licensed or registered business entity. The Guard Dog will also require specific training to ensure that it will obey the commands of the person the dog is accompanying. The dog must also be trained only to respond to aggression against the handler, and then only in a non-lethal manner to protect the safety of others.

Prohibitions re: use of animals

2.  (1)  An animal may not be used to control individuals or crowds or for the pursuit or restraint of individuals. O. Reg. 365/07, s. 2 (1).

(2)  An animal may not be used to guard or patrol a place unless it is accompanied by an individual licensee. O. Reg. 365/07, s. 2 (2).

Dogs for tracking or detection

3.  A licensee may use a dog to track or detect people or things. O. Reg. 365/07, s. 3.

Dogs accompanying a Security Guard licensee for protection

4.  (1)  An individual licensee, in the provision of Security Guard services, may be accompanied by a dog for the licensee’s protection. O. Reg. 365/07, s. 4 (1).

(2)  A dog accompanying an individual licensee as permitted by subsection (1) must,

(a) be on a lead and under the control of the licensee; and

(b) wear a fluorescent collar and identification tag that includes the name of the licensed or registered business entity that employs the individual licensee. O. Reg. 365/07, s. 4 (2).

Dog training

5.  A dog may not be used as permitted under this Regulation unless it is first trained,

(a) to obey the commands of the dog’s handler or the person the dog is accompanying;

(b) to respond only to aggression against the dog’s handler or the person the dog is accompanying, and to respond accordingly when the aggression abates; and

(c) to not kill or seriously injure people or animals. O. Reg. 365/07, s. 5.

Policies and procedures

6.  A licensed business entity shall develop written policies and procedures on the care and handling of dogs used as permitted by this Regulation, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia. O. Reg. 365/07, s. 6.

Oversight by employers

7.  A licensed business entity shall ensure that the individual licensees employed by it comply with this Regulation. O. Reg. 365/07, s. 7.

Information to new owners

8.  An individual licensee or licensed business entity that gives away or sells a dog that was used as described in Section 4 shall advise the dog’s new owner that the dog was used to accompany one or more Security Guards in the provision of Security Guard services. O. Reg. 365/07, s. 8.

RECORDKEEPING REQUIREMENTS FOR LICENSED BUSINESS ENTITIES (Ontario Regulation 434/07)

1.  (1)  Every licensee that is a business entity shall keep the following records:

1. A list of all the Private Investigators and Security Guards currently employed by the licensed business entity.

2. A list of all the Private Investigators and Security Guards not currently employed by the licensed business entity but who were employed by the licensed business entity at any time in the previous two years.

3. With respect to every person named on the lists required by paragraphs 1 and 2,

i. a copy of his or her employment contract, and

ii. a record detailing the period when the person was employed and the locations where he or she provided Private Investigator or Security Guard services in the course of that employment.

4. With respect to all Private Investigator and Security Guard services provided by the licensed business entity,

i. all notes and reports prepared by the Private Investigators and Security Guards employed by the licensed business entity,

ii. all photographs and video, audio or other electronic records produced or obtained in the course of providing the services,

iii. a Use of Force Report, in the form approved by the Registrar, for every instance that a Private Investigator or Security Guard employed by the licensed business entity used handcuffs, a baton, a firearm or any other weapon or otherwise used force in the course of that employment, and

iv. a Use of Force Report, in the form approved by the Registrar, for every instance that a dog used in the provision of Private Investigator or Security Guard services attacks a person.

5. If a Private Investigator or Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to carry handcuffs, a baton or a firearm in the course of his or her employment,

i. the name of each such Private Investigator and Security Guard,

ii. evidence that each Private Investigator and Security Guard named under subparagraph i has been trained in the use of handcuffs, batons or firearms, as the case may be,

iii. documentation as to the credentials of the trainer who provided the training referred to in subparagraph ii,

iv. evidence that the licensed business entity is insured against the risks associated with the use of handcuffs, batons or firearms, as appropriate, and

v. an equipment log detailing:

A. each time the licensed business entity issued handcuffs, a baton or a firearm to a Private Investigator or Security Guard and the name of the Private Investigator or Security Guard to whom they were issued,

B. the type of handcuffs, baton or firearm issued in each case detailed under sub-subparagraph A,

C. a description of the location where the handcuffs, baton or firearm were carried in each case detailed under sub-subparagraph A, and

D. for each baton issued, a threat assessment setting out the need for the Private Investigator or Security Guard to carry it.

6. If a Security Guard employed by the licensed business entity is authorized or required by the licensed business entity to be accompanied by a dog for his or her protection in the provision of Security Guard services,

i. a record of the training the dog received,

ii. evidence that the Security Guard has been trained in the use of dogs in the provision of Security Guard services,

iii. a copy of the licensed business entity’s policies and procedures on the care and handling of dogs, including policies and procedures on the dogs’ feeding, housing, transportation, veterinary care, retirement and euthanasia, and

iv. a log detailing each time that the licensed business entity issued a dog to a Security Guard for his or her protection in the provision of Security Guard services and the name of the Security Guard to whom the dog was issued. O. Reg. 434/07, s. 1 (1).

(2)  Every licensed business entity shall retain the records required by subsection (1) for two years or, if any such record is relevant to an ongoing investigation, inspection, complaint, court proceeding or administrative proceeding, until the conclusion of the matter. O. Reg. 434/07, s. 1 (2).

(3)  For the purposes of subsection (2), a court proceeding or administrative proceeding is concluded once a decision is rendered and all rights of appeal or review have expired or been exhausted. O. Reg. 434/07, s. 1 (3).

4.1 LEARNING OUTCOMES

Security Guards need to respond to changes in their environment, which include actions such as traffic movement, ensuring the safety of persons between and within locations, monitoring and managing the access and departure of persons and vehicles and observing and monitoring people.  Security Guards need to be aware of the correct way to deal with those situations.

Once this module is completed, you will be able to:

Describe and explain surveillance and address the following surveillance techniques:

  • Observing the physical environment
  • Attending to environmental details
  • Situational awareness

Describe the basic elements of security and include the following:

  • Access control
  • Crowd control
  • Vehicle control
  • Shift handover

Discuss drug effects, substance abuse and related drug paraphernalia and understand signs of substance abuse and withdrawal including physical psychological consequences

4.2 SURVEILLANCE AND PATROL TECHNIQUES

General Patrol Tactics and Techniques

Security Guards will be called upon to observe the physical environment for changes and suspicious behavior. This objective is typically achieved by conducting an in-person or remote surveillance of the physical environment. Security Guards are expected to notice and monitor minor changes in order to make sound decisions when devising a plan of action.

 

Specific Duties of a Security Guard

The duties of a Security Guard can be categorized as being either static or patrol oriented.

Static duties involve those activities that the Security Guard does from a single place, usually a fixed post or location. Examples of fixed posts include gatehouses or building lobby entrances.

Patrols enable a guard to check the client’s property in an efficient manner. When the responsibilities of a Security Guard are reviewed and analysed, one of the most important factors is the need to identify and prevent situations that may negatively affect the client’s property.

This is achieved through the following means:

  • Building and perimeter protection;
  • Intrusion and access control;
  • Alarm and surveillance systems;
  • Fire prevention and control;
  • Emergency and disaster planning;
  • Prevention of theft;
  • Accident and safety protection;
  • Enforcement of rules, regulations and policies.

The skills necessary to accomplish the above-described tasks are varied; however there are some common elements.

Some of these elements include:

  • Protecting buildings and grounds including all contents, occupants and visitors;
  • Enforcing rules and regulations related to security in and around the site;
  • Directing both foot and vehicular traffic in and around the site;
  • Being familiar with all special and general orders relevant to the site;
  • Supervising and enforcing all systems designed to monitor or identify personnel and vehicles entering the site or sectors within the site;
  • Conducting inspections of packages and vehicles as required;
  • Controlling access of people, product and vehicles onto the site, exiting the site and within the site;
  • Conducting and reviewing safety inspections of all areas of the site;
  • Maintaining the orderly operation of the site relative to its on-going safe operation;
  • Recording and reporting all relevant information pertaining to the security of people, products and vehicles to the security supervisor or, where so designated, the client’s representative.

 

 

STANDING ORDERS

Standing orders are instructions that are of a permanent nature and apply to a specific site. They provide the Security Guard with direction regarding company policy.

POST ORDERS

The post order (or site order) is a document that delegates the task of security from the property owner to the Security Guard. The delegated authority includes not only the functions that the Security Guard is to carry out, but it also supplies the methods to be used in executing these functions. Post orders contain procedures, directives or instructions that are likely to be altered, deleted, or reviewed as required. Any instructions or directives that are dated must be adhered to. Outdated orders should be brought to the attention of the security supervisor or manager.

Other information post orders may contain:

(a) OPENING LETTER: should provide authority from the property management and provide a few details about the purpose and scope of objectives of the orders;

(b) INDEX: should be placed in such a way to accommodate revisions and amendments;

(c) EMERGENCY NUMBERS: a list of all emergency numbers should be available to the Security Guard. Fire, police, ambulance, maintenance, company officials involved in the provision of security services, your supervisor, are some of the numbers that must be kept current;

(d) SECURITY FORCE OPERATIONS: should include a schedule of the hours that each Security Guard is to work, the location of each post should be shown in this section as well as a brief description of the duties expected of each Security Guard;

(e) REPORTS: should indicate what type of report is required at the end of each shift, as well as acknowledging reports submitted by Security Guards regarding such matters as building security;

(f) RESTRICTED AREAS: Post orders will usually contain policies or provisions on all restricted areas within a facility. Some of these areas will be restricted to employees only. Documents and photographs should be kept on hand and checked prior to allowing individuals to enter restricted areas.

 

LIABILITY FOR BREACH OF DUTY

Security is required for a reason. Clients do not pay money to have a Security Guard fail to perform his or her duties. Security companies and the guards themselves may be liable for negligent conduct, such as:

  • Failing to patrol as required;
  • Failing to follow specific instructions while on patrol (such as checking boiler water levers, check valves, and so on);
  • Sleeping on the job;
  • Being impaired while on the job (alcohol or drugs);
  • Falsifying records, including notebook entries;
  • Leaving the site without permission.

 

High Visibility Patrol

High visibility patrols focus on making the Guard more visible to the people around them. By increasing the physical security presence of the guard on site, we effectively deter many illicit activities simply by increasing the likelihood that the offender will be identified and apprehended for his or her crimes. This protective approach is favored by many clients, particularly those with a strong focus on the company image and reputation.

 

Low Visibility Patrol

Low visibility patrols are used in areas where there is a large area to cover by a single guard, areas where there are hazards that pose a threat to the safety of the guard, and situations where serious criminal activities are taking place. During these types of patrols, the guard remains hidden from view, and collects as much information about the situation or event as possible so that it may be relayed to the appropriate parties to be dealt with. For example, if a guard receives a report of someone on site carrying a weapon, the guard should keep the individual in view while coordinating with the Police to ensure that the subject is captured in a safe and controlled manner.

 

FIXED POST AND PATROLS

Guards may be required to perform many different duties, two of the more important are at a fixed post and patrol.

FIXED POST

The fixed post is usually located at a point where both pedestrians and vehicles can be checked before they are allowed to enter or leave a facility. Other duties for a fixed post may include the following: guarding a vulnerable point, control of access, surveillance of some apparatus or certain installations, and identification control. It must be emphasized that the tasks of the guard are usually contained in the orders of the post to which they have been assigned. The guard must not deviate from them; any action that is taken must never be counter to the orders.

PATROL POST

If a Security Guard is assigned to a patrol, he or she will be required to perform the patrol of the designated area and return to the post when finished. This is known as “double duty”. To carry out this type of patrol, the guard must move about normally, following a prescribed frequency, covering the points to be checked. The guard must give a detailed report of these rounds, drawing attention to abnormal events and actions noted in each round tour.

The patrol function is one of the most complex, and most highly visible of all security activities. One of the first things a Security Guard should be aware of is that a uniformed patrol force goes a long way in the areas of crime prevention, the apprehension of individuals committing offences, and, in general, the preservation of the peace. It is the primary reason that security is hired.

Security Guards are hired to protect people, property and information. A uniformed guard will help to deter crime just by being in an area. When you do a patrol you widen the area that you are protecting.

ROAMING PATROL

This mobile form of patrol allows a Security Guard to be more flexible when covering a large area. Guards performing this function may be on foot, on bicycles, or in a vehicle. The theory is that, while assigned responsibility for a given area, they are not normally required to be in a specific part of that area at a specific time.

VEHICLE PATROL

This type of patrol normally covers areas that are too great to be covered on foot. The vehicles are usually equipped with radios or mobile telephones and commonly are in constant communication with the dispatcher. Precise instructions are given about the type of patrol required. The patrols will often include parking lots, storage yards, perimeter fence lines, outer perimeters and areas that are impractical to patrol on foot. When on vehicle patrol, guards may be required to transport, in emergencies, sick or injured persons to First-Aid stations and/or hospitals. When asked to escort valuable information, money or important shipments to outside locations, a Security Guard must know the Security Company’s policy in this regard. Most Security firms do not engage in escorting money because they may not carry the insurance to cover this activity. This is another matter that must be predetermined by the client and the Security Company, and made known via Post Orders to the Security Guard.

 

PURPOSE OF PATROLS

The main purpose of a patrol is to maintain the security of the premises under your authority. That is, a Security Guard is assigned a patrol function because it has been identified that in the circumstances it is the best way of protecting the property and people at the location. There are as many risks presented to persons and property as there are reasons for security. Like the “beat cop” of old, a patrol emphasizes the presence of security, acting as a general deterrent and discouraging lawbreakers.

Patrols by a well-trained individual with an eye for detail also increases the likelihood that hazards and emergencies will be detected, such as a boiler that is about to overheat or sparking electrical wires that may start a fire. The enormous cost of ensuring that these occurrences will be detected by other mechanisms (electronic monitoring systems, alarms, and so on) may make the use of security a more cost-effective alternative.

In addition, the presence of a person that possesses the capacity to immediately react to a wide range of situations also increases the responsibilities of a Security Guard.

As a Security Guard, you may be asked to watch for things like fires, offences being committed, damage to property, as well as those things that allow you to anticipate these types of occurrences.

 

PREPARATION FOR PATROL

Preparation for a patrol should always begin with a statement regarding the purpose of the patrol. For example, is the Security Guard expected to keep intruders away? Assist members of the public who appear confused or in need of assistance? To check boilers and other equipment, to make sure they are still functioning safely? The purpose of a patrol can change from time to time, even within a single shift.

The first time that a patrol is made, security may focus on breaches of the property by an intruder; the second time, to make sure that the safety equipment on machinery in the area is functioning properly; the third time, to check again for intruders and breaches of the work site, and so on.

Refocusing on the particular purpose for the patrol each time it is initiated will assist the Security Guard to concentrate on activities he or she is responsible for and will ultimately be assessed on. This is not to say that security should focus exclusively upon a single activity during the patrol, to the exclusion of all other things. For example, it would be ridiculous to ignore a raging fire in the building being guarded just because the Security Guard has been asked to perform a perimeter patrol to check for intruders. Remember that you are being hired to protect the persons and the property in the best way possible. A Security Guard will be expected to use common sense in the execution of his or her duties.

Site orders may assist the Security Guard in preparation for patrol. Site orders will often give clear and precise instructions as to what will be required of all guards while on patrol.

A Security Guard should take the time to familiarize him or herself with the work site upon arrival. Ask questions of other guards and of workers at the site about what, if anything, has changed since the last shift.  An effective Security Guard, like the proverbial Boy Scout, must be prepared for virtually everything. You cannot be adequately prepared if you do not have all the relevant facts.

A thorough knowledge of the geography of the area to be patrolled is essential. Determine, in advance, where telephones, water shut-off valves, and electrical and alarm panels are located. Find out where light switches are located, and where emergency lighting is provided. Know where emergency equipment, such as back-up generators, first aid kits, fire alarms, hydrants, and extinguishers, are located. These things should be as familiar to the guard as his or her own home. The Security Guard should know the best routes to follow in an emergency, selecting the simplest, most direct route with the least number of safety hazards.

Make a list of activities that need to be done while on a specific patrol. Devise your route in advance; including a map of the major check points, passageways, rooms, stairwells, doors and windows, and so on. Plan alternate routes in case specific areas are made inaccessible due to an emergency such as a fire, explosion, or chemical leak. The timing and route of the patrol should be varied to ensure that it does not become too routine or too predictable.

Ensure you possess the proper equipment including climate appropriate clothing, first-aid supplies and communication devices. Know what keys and other specialized equipment is necessary to conduct the patrol you undertake. Make sure that your communication equipment is operative before you start the patrol. Determine if it will operate in all of the areas that your duties will conceivably take you. Various things in the environment will restrict or eliminate the operation of cellular phones and radios. Be aware of these “dead zones” and where communications can be re-established. Some clients will not allow the use of cellular phones and radios in certain areas. For example, hospitals frequently prohibit the use of these devices because of the danger of interference with delicate electronic equipment. It is recommended that you determine, in advance, where these restricted areas are and comply with the employer’s request.

Make sure that a list of emergency numbers has been provided. Map out all evacuation routes and procedures keeping in mind specific hazards and danger zones in the area such as storage areas for flammable materials, explosives, and so on. For example, in the event of a fire, you would probably not want to walk past an open vat of gasoline, if at all possible.

FOOT PATROL

“An alert guard on foot patrol has a better chance to prevent crime and make apprehensions at the scene of crimes in progress than do motorized patrol guards.”

Some people reading the above statement may feel the position taken is too strong and that other methods of patrolling are equally as effective. In some cases this is true. However, most crimes that can be directly affected by enforcement activities (mischief, robbery, break and enter, shoplifting, and car theft) take place in the public eye. A vigorous foot patrol can affect these crimes directly through prevention or immediate apprehension of the offender.

Foot patrol is the most common method of patrol in the security industry. It is normally utilized where it is not possible to provide the same protective coverage through other methods such as motorized patrol or electronic surveillance. Virtually all of the senses of the Security Guard (sight, hearing, smell, and touch) may conceivably be used during foot patrol.

Frequent “sidewalk” crimes, such as damage to storefronts, purse snatching, drunkenness, vagrancy, and loitering, and areas known for high concentrations of vehicular or pedestrian traffic (such as around bars and areas of prostitution) may also require foot patrol. Large suburban shopping centres, shopping malls and pedestrian-only shopping streets where vehicles are not permitted may necessitate frequent foot patrol as well.

As with every patrol technique that an employer or a client wishes security to use, certain advantages and disadvantages are apparent in foot patrol. They can be summarized as follows:

DISADVANTAGES OF A FOOT PATROL:

  • Restricted mobility and area of coverage;
  • Length of time to patrol;
  • Foul weather prevents or curtails some activities;
  • Capacity for pursuit is limited;
  • Difficulty in carrying equipment such as reports, forms, and first-aid kits;
  • Communication may present a problem, unless portable radio or telephone equipment is used;
  • Supervision of foot patrols is difficult.

ADVANTAGES OF A FOOT PATROL:

  • Is highly visible;
  • Makes more person-to-person contact and therefore has a greater opportunity to improve security via community relations;
  • Because the patrol guard knows more people on the beat, there are more opportunities to develop sources of information;
  • Greater familiarity with the physical characteristics of the beat, such as places for offenders to hide and danger zones;
  • Knowledge of patterns and characteristics of an area may help to anticipate an incident before it becomes more difficult to control;
  • All senses may be used;
  • Ability to access smaller spaces such as stairwells.

 

VEHICULAR PATROL

Patrol from a vehicle, such as a bicycle, car, motorcycle, truck, or snow machine, enables a Security Guard to conduct his or her duties by undertaking a more brief visual check of the area he or she is assigned to protect. Larger sites, or perhaps even multiple sites, can be covered by a single guard with a vehicle. Each method of vehicular travel may have different advantages and disadvantages. For example, a Security Guard operating a motor vehicle may be able to carry a larger amount of equipment than a guard on a bicycle. A bicycle, however, is far quieter and may provide access to areas where a motor vehicle cannot go such as through a park.

DISADVANTAGES OF A VEHICULAR PATROL:

  • The vehicle may be restricted to particular areas, such as roads or paths;
  • Vision may be partially restricted inside a vehicle;
  • Foul weather may prevent or curtail some activities;
  • Capacity for pursuit may be limited under some circumstances;
  • The engine noise made by a motor vehicle may mask some noises or alert others of the presence of security;
  • Sealed cabs on some vehicles may prevent the detection of some dangerous situations (for example, the leaking chemicals that a guard on foot would smell might not be noticed by someone inside a vehicle);
  • Lower level of interaction with people.

ADVANTAGES OF A VEHICULAR PATROL:

  • Motor patrol is highly visible;
  • Larger areas can be covered in a shorter period of time;
  • Speed in responding to other areas of the site increased;
  • Additional equipment may be carried;
  • Protection from foul weather – rain, snow, extreme temperature.

 

There is an added responsibility for the Security Guard when they use a vehicle for patrol. The vehicle must function properly, and not become a hindrance as they complete their patrol – a fundamental pre-check is recommended.  You may be required to fill out a form such as the one below:

 

VEHICLE INSPECTION LOG

Guard’s name _______________________________ Date ________________________

Mileage end ____________________ Shift ___________________________

Mileage start ___________________

Mileage total ___________________

Checks

Lights:

Headlights ?    Brake lights ? Tail lights ?     Turn signals ?

Fluids

Transmission ?            Brake ?           Rad water ?     Power steering ?         Belts and hoses ?

Damage

During your initial vehicle inspection, did you find any new or unreported damage?

Yes ? No ?

 

If yes, describe the damage __________________________________________________

___________________________________________________________________________

 

While you were on duty was there any damage to the vehicle?

Yes ? No ?

If yes, please attach damage report.

Fluids

Did you add gas or any other fluids? Yes ? No ?

If yes, please indicate amount and cost.

Fluid type # of liters Cost

 

Security Guard Signature__________________________________________

SURVEILLANCE (NON-MOBILE PATROL)

Also known as visual or fixed patrols, surveillance (with the assistance of technology), enables a guard to remain stationary but keep a constant watch over a specific area. For example, an entrance/ exit point may be kept under continual observation, or an entire complex can be kept under watch with the assistance of mirrors, security cameras and fences.

DISADVANTAGES

  • Cameras and fences may be circumvented or defeated;
  • All areas cannot be kept under continuous observation – blind spots will exist despite careful planning;
  • Reliance on equipment may fail, especially in adverse weather conditions;
  • Personnel must concentrate on one area for long periods of time;
  • Reliance on only one sense – vision;
  • Response may be restricted to calling Police or internal personnel, especially if the guard is not on site but is monitoring from a different location;
  • None or limited interaction with the community.

ADVANTAGES

  • Access and egress (entry and exit) of the site readily controlled;
  • Difficult for individuals to enter the premises and physically attack the guard;
  • Guard station or highly-visible camera placement acts to deter would-be perpetrators;
  • Lower number of guards required to contain the area.

WHAT TO WATCH FOR WHILE ON PATROL

Following are some general guidelines for what a Security Guard might be wise to do while he or she is on patrol. The list should not be taken as a list of absolutes; the Security Guard should be prepared to develop his or her activities to suit the specific location and job function he or she has been assigned.

  1. Use a Notebook

All unusual circumstances must be recorded in the Security Guard’s notebook. This is why it is a good idea for a Security Guard to carry a notebook and pen along on patrol. Remember to make notes at the time observations are made, or as soon as possible thereafter. Add the date and time of the observation and add when you recorded the observation.

For example, if a suspicious vehicle is spotted in the area, the Security Guard will make notes about the description of the vehicle, its licence plate number, and a description of any occupants of the vehicle when it is observed.

  1. Daylight Patrols

A Security Guard should strive to be conspicuous while on patrol during the daytime to obtain the maximum deterrent effect. The idea is to be seen and to make your presence known. Members of the public may see a uniformed Security Guard as an individual in authority with special knowledge of an area. A Security Guard who is patrolling a shopping centre or maintaining a post in a kiosk in the lobby of a building may see anything from parents searching for lost children to visitors seeking help to find a particular part of the building. Expect this type of attention and be prepared for it to come at the worst possible time.

As said in other chapters, a Security Guard is often perceived as the representative of the entire security industry. A Security Guard who yells, uses emergency equipment such as radios, intercom systems and flashing dome lights without cause makes a poor ambassador and will not add to the public perception of security. In short, do not act unprofessionally.

Many criminal acts, including assault, shoplifting (theft), robbery, and break and enter, commonly occur during daylight hours. Make an effort to know the people that you will be seeing and dealing with on a daily basis. They will be able to provide you with a wealth of information, or perhaps with a signal, alert you to a special problem without announcing it to the entire store.

  1. Look for the unusual

As you conduct your patrol, look for things that appear out of place or don’t make sense. For example, when the store clerk who generally waves to you as you walk by inexplicably doesn’t look up from the cash register, it may be because he or she is particularly engrossed in the sale they are making – or it may be because there is a robbery in progress. The person moving from car to car in the parking lot might be trying to find an unlocked vehicle to steal from, or he or she might be lost and looking for their own vehicle. The person running through the shopping mall might be fleeing with stolen goods, or he or she might be running to catch the bus. The person sitting in a car outside a building might be waiting for a passenger to come out, or he or she might be “standing six” for accomplices breaking into the premises.

The point of all of these scenarios is to demonstrate that the number of things that could draw your attention is potentially unlimited. Look for the unusual and the out of the ordinary, no matter how small or insignificant. Things like pry marks on doors, hinges, or windows, broken glass in or near windows, sparking wires, flashing alarm panels, fire or smoke, running water, or broken pipes, and unidentified vehicles, may be out of place and suggest that a closer review of the situation should be performed.

Special attention should be paid to fire and safety hazards that are uncovered during patrol. Are there a sufficient number of fire extinguishers available to react appropriately in an emergency? Are they appropriately placed and fully charged? Are any emergency exits inoperable, blocked or damaged? Are there hazardous and/or flammable goods stored on or near the premises? Are floors covered in something that makes them slippery? Are stairwells well lit? Is there construction, an excavation or some other specific hazard that might pose a danger to people or property? Are there fumes that might suggest a problem has developed or that might pose a danger? By drawing attention to these types of details, a Security Guard is better prepared to warn people of something that has happened, or, in the event of an emergency, to protect them from something that might happen.

  1. Patrols at night

Patrols during the night-time should actually be renamed “patrolling during situations of poor illumination”. What this genre of patrols refers to is situations where security is able to take advantage of darkness and use that condition to observe what is happening around him or her to better protect the persons and property that he or she has been hired to guard.

A Security Guard that wishes to use this type of patrol technique would be well advised to inspect the area to be guarded during daylight hours. Obtaining the proper equipment for a night-time patrol is also essential. At the very least, in addition to climate appropriate clothing, the patrolling member should carry a working flashlight.

In these circumstances, a Security Guard on patrol, who wishes to remain unobserved while viewing the surroundings, would best be advised to walk next to buildings and spend time in shadows or darkened areas. While walking, standing, sitting, or parking, and listening quietly, an individual may better hear things happening that affect the persons or property he or she has been hired to protect.

Again, look for anything unusual or out of place, such as unlocked doors that should be locked, strange vehicles, a light out in a building that is usually left on, loitering strangers, things stacked near doorways and other places they do not belong, strange smells, from chemicals to smoke, and so forth.

  1. Checking Doors and Buildings

Checking the security of buildings may be one of your primary duties. The exterior of a building should be checked first. The Security Guard should look for signs of forced entry and signs of fire such as flames, smoke, and excessive heat.

If possible and appropriate, the roof should also be checked, not only for signs of forced entry, but also for equipment loss, damage, or failure.

When checking a door, the Security Guard should not simply grasp the handle and shake vigorously. This will alert anyone inside that someone is there and has discovered their means of entrance, and likely, their means of escape. Instead, the door should be first checked to see if it was forcibly entered. If needed, a flashlight may be used to look at the hinges, the latch, bolt, and lock for fresh damage or pry marks. When the door is tested to see if will open, it should not be jerked open, but instead opened gently and for only a short distance.

If the door opens, when it is supposed to be locked, the Security Guard will know that someone may have entered the premises and might still be inside. The investigating Security Guard should not enter the building alone unless he or she believes that someone’s life is at stake. Instead, they should always call for assistance or alert backup that the door was found open, even if they believe that it was left unlocked by someone who had legitimate access and was careless in securing the door. While waiting for help to arrive, the door, window, or other points of entry should be kept under close observation.

  1. Smash and Grabs

This colourful description refers to the situation where someone smashes a display window in a store or business, reaches inside, and grabs merchandise on display. When a Security Guard finds a display window smashed open, he or she should look from the outside (without touching anything if possible) to see if there is any missing merchandise or evidence that the premises have been entered. Evidence of missing merchandise might include an empty display case, or an outline in the dust of something that has been removed. Evidence that a perpetrator has entered the premises might include a larger hole in the window or door that might permit entry, items knocked from the display case into the store, footprints inside the display case or inside the store, or additional damage to the contents of the premises itself.

In any event, police should be contacted at once. It is your job to report and their job to enforce the law.

NIGHT PATROLS

You must take special care when you are patrolling at night. Here are some specific things to remember:

  1. Use your flashlight effectively – Turn off your flashlight when it is not needed. If you must leave it on while walking, carry it in front of you at arm’s length away from your body. In this way, if someone attacks you in the area of the light they will not hit your body. Get in the habit of not holding your flashlight in the hand that you write with so you can use your dominant hand to operate your radio or do other things.
  1. Use caution with windows and glass doors – Try not to pass directly in front of them. At night your body will be visible as a silhouette. Don’t be a target. If you must pass, walk by quickly. Don’t approach a dark window or door and look inside. Shine your flashlight before approaching and stand to one side when observing.
  2. Be careful entering a dark room – You should not just walk into a dark room, especially if you are investigating something suspicious. Open the door first by pushing it all the way open (someone could be behind the door) and shine your flashlight around the whole room before your enter. Identify yourself as security and listen for sounds. If you get a bad feeling or something doesn’t look right, do not enter without back up. Call for back up and then stand back and observe until back up arrives.
  3. Know when to be seen and when to be heard – It is important for you to use good judgment and common sense when you patrol at night. At many sites you will want to patrol quietly and walk in the shadows close to buildings. If you are patrolling in a vehicle, minimize any noise from your engine, brakes and tires, and don’t slam doors.

Generally, you do not want to set yourself up to be a target by being overly noisy and announcing your presence. If you see anything suspicious happening, you can stay out of sight, make your observations, and report the activity.

If you are patrolling alone in an area where you feel uneasy, you may want to make some sound, such as humming or jingling keys. This will let employees know that you are around. You would also not want to surprise one or more criminals in an act, especially if you are blocking their escape route. Making some noise will alert criminals to your presence and deter them from continuing with the crime. It will give them the option of fleeing without harm to you. You can then record any information you have about the events and suspects, and use it to help the police.

WHAT SHOULD I DO IF I SUSPECT THAT A CRIME HAS BEEN COMMITTED?

Get help. Call the police. It is your job to report and their job to enforce the law. Notify your dispatcher and use other guards for back up whenever possible. If no other guards are available as back-up, you should wait for the police whenever possible. In some situations you may need to help someone before the police arrive. An example of this is giving someone first aid.

5.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Describe the importance and legal implications of maintaining an accurate and complete notebook
2. Describe the correct use of a notebook
3. Maintain an accurate and complete notebook
4. Obtain and record an accurate and complete statement
5. Prepare accurate and complete written reports
6. Preserve and protect evidence and a potential crime scene
7. Prepare for the process of giving testimony in court

5.2 NOTE TAKING AND REPORTS

Security Guards are required to complete written reports of occurrences, duties performed, and comprehensive descriptions of their tasks/observances. These reports are often for different audiences. It is imperative that reports are written in a clear, standardized format to ensure information is conveyed accurately and without bias.

 

Taking Notes

The goal of good note taking is to allow the writer to record a concise, accurate account of daily occurrences in their notebooks. This lesson introduces security guards to the importance of their notebooks and how it can become an integral part of their equipment.

To a Security Guard a notebook is much like the plumber’s wrench or the carpenter’s hammer. During the course of his or her duties, a Security Guard will be called upon to deal with many different situations and persons. Since a great deal of accuracy is required in reporting and in testimony at trial, a notebook becomes an invaluable tool when used properly.

 

There are a number of purposes in keeping a notebook, most notably:

To aid you in recalling details, and providing accurate testimony.

A notebook is first and foremost an aid to giving accurate testimony. There is a considerable amount of information gathered during the course of an investigation, such as the names and addresses of witnesses, descriptions of things, measurements that are taken, locations of key events, and so on. If these types of things are not taken down and recorded as soon as possible, they may never be accurately and completely remembered.

Furthermore, the passage of time will erode your memory of the event. The lapse in time between the event and the trial is usually at least five or six months. If you do not record the information properly, critical details may be forgotten. Without proper notes you will end up answering questions with “I don’t know”, “I don’t remember” and “I’m not sure”.

Remember, a judge and a jury are not likely to be impressed by someone who stumbles through a vaguely remembered incident. Your credibility is at stake. Take the time to write down the basics – the “who, what, where, when, why and how.”

Finally, things that may not seem terribly relevant at the time may become very important at a later date. You may get lucky and write down some of these facts. Or, a detailed series of notes may be used to refresh your memory and may prompt the intimate details of the incident you are trying to recall.

As a reflection of your work and ability.

People reviewing your materials will be making judgments on your abilities on the basis of your notebook and reports. Remember, a good notebook reflects favourably on the author and adds to his or her credibility. A poorly recorded incident may result in the conclusion that the work behind it was sloppy as well. An efficient, neat, and well-organized notebook reflects your organizational skills and abilities. The relevancy of the material in your notebook shows the knowledge of the law and the offences you are dealing with. The quality of your notes reflects the amount of effort that you put into your work.

As a basis for writing a report.

A well organized notebook will allow you to accurately portray the chain of events that took place for the police, your supervisor, or the client.  Writing notes will help you organize and prioritize the information.

As an investigative aid.

The act of note taking may help you organize the material you have accumulated. Going over the facts and placing them in chronological order may assist you in putting the entire puzzle together. Furthermore, the people that you deal with today may become part of an investigation tomorrow. Repeat offenders and old incidents may become relevant in future files. Facts long forgotten may turn into clues that help you deal with other matters. The ability to reflect back and provide accurate information from your previous notes, then incorporate this into current investigations is crucial.

What to write in your notebook:

Generally speaking, you should start with identifying material such as your name and address. Since you will eventually fill a series of notebooks, include the date the book was started and finished, together with the number of the book. You should use only one notebook at a time.

Security Guards who keep one notebook for rough notes and another for good ones not only have been subject to criticism by the courts, but also risk having the charges against an accused dismissed, when evidence that appears in one but not in the other is discovered during cross-examination. The court may get the impression that the evidence has been cleaned up or manipulated by the note taker. The same conclusion may be reached if entries are made in pencil and erased and written over. Make the entries in ink and remove any possible argument that the notes have been changed.

Keep your notes in chronological order. If a mistake is made in an entry, draw a single line through it, initial it, and rewrite the entry on the next line in the notebook. Do not leave blank spaces, lines or pages in your notebook. If this happens, draw a line through the space and initial and date it. Do not tear out sections or pages from the notebook. Make sure the entries are legible and do not use abbreviations or shorthand unless you also include a full description the first time the abbreviation is used. Remember, the goal is for someone else looking at your notebook to understand exactly what the notes mean.

Keep control of your notebook. Over time, it will contain many things that should be treated as confidential – descriptions of events, telephone numbers, addresses, and so on.  At worst, this information may fall into the wrong hands. And in the best case scenario, if you only lose it, it will be as if the notes you will come to rely on were never written.

Start each day with a fresh heading, recording the time and date you are working, weather conditions, location of the job site, and so on. These details may help you to recall your memories of the event that took place.

Following these entries, you should detail events that took place during that day. Things you may want to keep track of include:

  • The time the call is received, the event viewed, or the complaint made;
  • The nature of the incident;
  • Factual information, such as names and addresses;
  • Any diagrams required (a picture is often worth a thousand words);
  • Evidence found:
    • By whom;
    • Where;
    • At what time;
    • How it has been labelled;
    • Disposition;
  • Statements or summaries of statements of victims (statements by suspects or accused persons must be recorded verbatim);
  • Names of the parties involved, including aliases and nicknames, if appropriate, and if possible, addresses, telephone numbers, and dates of birth;
  • Descriptions of individuals (clothing, age, height, weight, sex, colour of hair and eyes, ears, nose, scars, tattoos or other distinguishing characteristics);
  • Description of property (serial number, size, damage, colour, make, or other identifying features);
  • Description of the scene (including diagrams and measurements as appropriate);
  • Weather conditions.

 

Do not use profanity in your notebook, unless it is part of a witness statement or statement from the accused. Quotation marks should be placed around the exact words that were used. Make sure that you keep your notes and observations as objective as you can.

Unless your opinion is relevant, place only facts in your notebook. Avoid writing your opinions down; chances are, you will likely recall these when you review the observations you have recorded. For example:

Opinion:

The accused was drunk.

Observations:

The individual staggered down the street, and when I approached within about three feet I could smell a strong odour of liquor on him. His eyes were glassy and bloodshot, and when I spoke with him his speech was heavily slurred. I asked “…

Statements

A Security Guard may on occasion be required to take a statement to secure the information provided by a witness. The key purpose of taking a statement is to ensure an accurate record of the recollection of an event or occurrence by the witness. A statement should be taken freely with no threat or promise made to the witness.

Statement protocols vary from company to company. General good practice is for statements to include the following:

  • Full name of the witness, date of birth, identification.
  • Employment of the witness and contact information.
  • Address of the witness, location of statement.
  • Date of interview.
  • Time commenced and concluded.
  • Name of Security Guard and company who took the statement.
  • An introduction paragraph including day’s events and observations.
  • Verbatim (word for word) transcription of the witness’s recollection of the events.
  • Closing paragraph that ends the statement.

 

For example, the closing statement can read:

“I, (witness name), have read the above six-page statement and find it to be accurate to the best of my recollection. I have been advised that I could omit, delete or change any part of the statement prior to signing it.”

As this example indicates, the Security Guard should give the witness the opportunity to review the statement and ask for changes to be made before they agree to sign it. If a change is requested, a line should be drawn through the item being removed, with the initials of both the witness and the Security Guard at the beginning of the correction and the end.

The key to writing good notes is to record as many details as possible.

This is why it is important to make your notes right after you observe something, before you start forgetting the details. Record information received with all your senses, not just what you see. If you hear or smell something unusual, it could be important later on. It is better that you write too much instead of too little, as some information may end up being more important than you realize. For example, someone may try to distract you by telling you that there is a problem in the parking lot, meanwhile a robbery is taking place inside the building. If you have a clear description of the person who told you about the problem in the parking lot, it may be helpful during an investigation.

If you observe an incident that you know you will need to write a report about, make sure your notes include the answers to these important questions: Who, What, Where, When, Why, How, and Action taken.

The 24-hour clock

With a regular 12-hour clock there are two times in the day for every number, such as six o’clock in the morning and six o’clock in the evening. This can be very confusing.

The 24-hour clock is much clearer, as there is only one time in the day for each number. Six o’clock in the morning is 0600 hours and six o’clock in the evening is 1800 hours. The 24-hour clock is used by many people in many places when the exact time is very important. It is used in airports and train and bus stations. It is also used by the military, the police, and the security industry. You will need to write your notes and reports using the 24-hour clock. You will also use the 24-hour clock if you have to testify in court.

Note: Midnight is also sometimes referred to as 0000

TO CHANGE FROM 12-HOUR CLOCK TIME TO 24-HOUR CLOCK TIME

In the 24-hour clock system we give the number of hours since the beginning of the day for the first two digits, and the number of minutes since the beginning of the hour for the last two digits.

EXAMPLE

Think about 4:30 in the afternoon. You have 12 hours in the morning + 4 hours in the afternoon, which makes 16 hours since the beginning of the day. There are 30 minutes since the beginning of the hour, so the 24-hour clock time is 1630.

Note: The 24-hour clock time always has exactly four digits with no breaks between the digits.

12-hour 24-hour clock time clock time

3:06 a.m. 3 hours since beginning of day, so time is 0306

12:05 p.m. 12 hours since beginning of day, so time is 1205

5:00 p.m. 17 hours (12 +5) since beginning of day, so time is 1700

8:14 p.m. 20 hours (12+8) since beginning of day, so time is 2014

12:59 a.m. 0 hours since the beginning of day, so time is 0059

TO CHANGE FROM 24-HOUR CLOCK TIME TO 12-HOUR CLOCK TIME

The times between one in the morning and one in the afternoon are not difficult to change. The numbers stay the same, and you just have to add a.m. or p.m. For example, 0312 is 3:12 a.m. and 1259 is 12:59 p.m. From one in the afternoon until midnight we must take 12 from the first two digits and add p.m. For example, 1432 is 2:32 p.m.

 

Introduction to Reports

For many Security Guards, report writing is difficult, time consuming, and in general, not very important. To most investigators, report writing is the most boring part of an investigation. It seems that in general, for a few short minutes of excitement, a guard may have to literally spend hours preparing paperwork. This lack of appreciation for what will probably turn into the most important support for a Security Guard’s conduct is alarming.

In the course of a Security Guard’s duties, he or she will encounter literally thousands of occasions which will require the passage of factual information to persons who were not present at the actual event that the Security Guard witnessed. These persons may include: co-workers, superiors, subordinates, police, insurance companies, private investigators, clients of the firm, the media, defence lawyers, the crown prosecutor, and the court.

A Security Guard must be able to take the observations he or she has made at the time and accurately record them in a clear, concise and logical manner.

Reports are a means by which detailed facts of the events are recorded so that others may learn what has occurred. When complete, a report must be able to paint a complete picture of the events that occurred in the mind of the reader.

Remember, a good report reflects favourably upon the investigator and adds to his or her credibility. A poorly recorded report may result in the conclusion that the work behind it was sloppy as well.

 

REPORTS

In general, there are two categories of reports that a Security Guard will complete.

Administrative, or “Routine” Reports

These are the reports that are required by the general paper-flow through the office on any given working day. For example, these reports could include: a requisition for equipment, a visitor’s register, a temporary pass registry, a time card indicating hours worked, requests for vacation leave, requests for training, budgets, and so on. Typically, these reports are based on a series of company generated documents with tick boxes and similar tools available on the forms to assist the individual in completing the document.

Operational, or “Incident” Reports

These reports may describe those things that your supervisor or the client wants a description of, or they may describe the occurrence of a non-typical event, that is, some unusual incident that has drawn attention to itself during the execution of the daily duties of the Security Guard. Examples of things that may generate reports may include criminal offences such as damage to property, robbery, theft, or assault, a fire, or some other activity, or the daily activities of strikers on a picket line.

Some of these reports, such as those outlining the events surrounding a shoplifting incident, for example, will be passed on to the Crown for use at trial. Others may be provided to an insurance company in the event of a claim. Regardless of the use of the report, it must contain a clear and accurate description of what transpired.

The purpose of an operational report is threefold:

  • To become an official record of what happened;
  • To record the occurrence for the writer’s future reference; and
  • To pass the facts of an occurrence on to others for a variety of uses.

Your report may form part of the official record of what happened during the incident. For example, if several complaints about a dangerous situation are made to the Security Guard on duty at a site, and someone is hurt because nothing is done to remedy the situation, the Security Guard’s report may become an essential exhibit in an insurance claim or civil trial for liability.

Records are important for another reason. The lag time between the commission of an offence and a trial is often a long one. Our memories of a specific event may grow cloudy over this long time period. A good report may well assist you to recall exactly what happened at the time of the offence in preparation for trial.

ESSENTIAL INGREDIENTS OF SOUND OPERATIONAL REPORTING:

Good report writing requires attention to detail, an understanding of the reasons why a report is required and the audience of the report. A good report will be planned out in advance, will be factually correct and describe accurately the order of events that took place in clear and concise language.

Reports must be:

Organized: Get organized before writing the report. Gather the facts first. Record the facts in your notebook at the time of the incident or as soon thereafter as possible. Organize your thoughts by figuring out how to best address the situation and present a clear picture of what happened to the reader. Then draft the report. Remember, facts should be presented in chronological order.

Clear: Keep the sentences, the paragraphs, and the report short and to the point. Present a clear picture of what happened but avoid wordiness.

Legible: If the report is handwritten, make sure that it can be easily read by others. If you have poor penmanship, please print the report.

Complete: Cover off all possible relevant questions (who, what, where, when, why, and how).

Accurate: All facts in the report must be accurate. Do not assume anything and do not add anything that you do not know happened.

Proofread: Reread the report to make sure everything is there. Better yet, once you have reread the report, have a co-worker go over the document to make sure that everything makes sense.

Reports have essential ingredients. To be effective, they should include the five ‘W’s’ and ‘how’. While some of the questions may not have answers at the time the report is drafted, a thorough report will try to answer as many questions as possible.

Remember, your goal is to paint a clear picture of what transpired for the person reading or hearing the report. Try to imagine hearing someone else telling you about a movie they have seen. If key messages are missing, the picture you have in your mind of the movie would be incomplete. A person who relies on your report to explain what has happened is trying to do the same thing. Make sure these basics are covered in your report.

  1. WHO?
  • Who was involved?
  • Who was the complainant?
  • Who witnessed the event?
  • Who was the accused/suspect?

 

The “who” of the report describes anyone involved in the event. It can include: a victim; the person making a complaint, or asking that something be done, or stating that something was observed; who initiated the event; who reacted to the event; who owned property affected by the event; and so on.

  1. WHAT?
  • What actually happened?
  • What evidence is available?

 

This portion will likely provide the majority of the substance of a good report. It can include: a description of the events that occurred; what actions were taken by the people involved (including the Security Guard); what evidence is available (not only the physical evidence, but also what witnesses will state), and what was done with the evidence.

  1. WHEN?
  • When did the event occur?

 

The time and date are essential parts of the report. The events should be laid out in sequential order. Record things such as: when you last observed the area prior to the occurrence; when the event began; when it ended; when you had contact with a witness; and when police, the fire department, or the ambulance arrived.

  1. WHERE?
  • Where did the event occur? Describe the environment and where you and the other individuals were at the time.

 

This area of the report states the location of the incident; where the witnesses were located; where the evidence was discovered; where the accused was found, and so on.

  1. WHY?
  • Why did what happened, happen? What motive was there for the incident? Why did this particular series of events occur?

 

Many of these questions can be determined by investigation at the scene. Some questions may remain unanswered even after a thorough investigation.

  1. HOW?
  • How did this event come to your attention?
  • How did the event take place?
  • How did the accused act?
  • How did the witnesses act?
  • How was the evidence recovered?
  • How was the suspect/accused arrested?

 

This portion describes how the incident took place and what action was done in response.

  1. ACTION TAKEN
  • What action was taken in response to this observation?
  • What did Security do?

FORMAT

Reports should be written in a consistent manner to guarantee that a reliable product is produced. The consumers or end-users of the reports (note the earlier examples such as Crown prosecutors, insurance companies, and so on) should be able to find the same elements in all of the security reports they encounter. Consumers of the reports will have an easier time extracting the essential information in the reports.  Before a report is written, the Security Guard should take the time to organize the main points contained in the report, including the questions that should be answered that will best allow his or her audience to understand the situation.

 

Report writing styles vary. Your employer should specify the style of report writing that you should use.

  • Write reports in the past tense:
    • I noted…;
    • I observed…;
    • The accused selected…;
  • Date the report with the incident date, not the investigation date;
  • Use the legal address: 1909 Rose Street – not Heritage Mall;
  • Make sure that you use in your report the actual legal business name. This may require checking the business licence;
  • Names should be printed (not written) with the surname (the last name) first, in capital letters, followed by a comma and the first name. The first letter of the first name should be capitalized. A slash is used between the first and second names;
  • Make sure that if the accused has no identification, he or she spells out his or her name. The names in your notes and report should be the actual name, not a nickname or shortened version of the full name (for example, “Bill” is often used in place of “William”, which is likely the legal name of the person). Write in your report any aliases or nicknames the person may have.

6.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1.) Describe best practices for personal safety while on duty in the areas of
a. Communication
b. Duties
c. Emergency response

2.) Identify potential hazards at security sites and venues

3.) Discuss strategies for dealing with the effects of shift work on
a. Health
b. Personal fitness
c. Sleep
d. Social life

6.2 OHS – OCCUPATIONAL HEALTH AND SAFETY ACT

Though you are not required to memorize the OHSA for examination purposes, you should be familiar with its main ideas.  Here is the link to the Act:

https://www.ontario.ca/laws/statute/90o01

 

The purpose of the Occupational Health and Safety Act is to ensure that all persons are safe from the potential health and safety hazards, long-term and short-term, resulting from the presence of or improper handling and storage of certain materials, equipment and chemicals, in a given workplace. Upon recognizing a dangerous situation, a guard’s first response should be to ensure that he or she is safe from harm, and must then report the situation to those qualified and licensed, where required. In all cases, any situations which are observed to be in contravention to any site rules and regulations must be immediately and thoroughly documented.

7.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Identify emergency alarm calls and the required follow-up responses.

2. Identify any required assistance upon responding to an emergency alarm.

3. Describe precautions for maintaining the safety of self and others at the scene of an emergency.

4. Monitor emergency scene for status changes and advise additional resources as required.

 

Security Guards are expected to respond to emergency situations and to minimize the impact caused at a work site. They may be required to perform a variety of duties during emergency procedures and must understand the importance of scene management. Many of those around you not only depend on you to protect them and their property during fire emergencies, police emergencies, and medical emergencies, but also look to you as an example to follow.

A Security Guard must never risk their own safety, as you could severely injure yourself when venturing into unsafe areas and situations, often times endangering others in the process. You must never risk the safety of others when responding to emergencies.  During emergencies, the safety of people, not property, is top priority.

7.2 FIRE SAFETY

“Security Guards are expected to react to the unexpected, to minimize the negative impact caused by emergency situations occurring at the work site. They may be called upon to perform a myriad of duties throughout disaster or emergency operations. Security Guards in the regular performance of their duties encounter situations requiring identification and elimination of fire hazards. At times, the Security Guard is required to take a leadership role in fire emergencies. The session will stress the organization’s processes and the Security Guard’s responsibilities in relation to those processes, will help candidates to understand the causes of various types of fires and the basic tenants of prevention and safety to better protect the people and property associated with their assignment.”

 

Canadian General Standards Board Standard 13.310-99 Section A9

 

Security Guards may encounter emergency situations at a worksite. They will need to accurately identify the risk factors associated with fire threats, bomb threats, weapon emergencies, suspicious packages, and explosive devices and learn how to respond appropriately.

 

Fire Safety

Why are fires so dangerous?

If you have never been in a fire situation, it is hard to imagine what it is like. The fires you see in movies are nothing like the real thing. There is a lot more smoke involved in real fires. More people die from breathing smoke than from getting burned. Smoke moves far ahead of flames and it can fill a building in minutes. Smoke is black, so it takes away your valuable sense of sight. It causes your eyes to tear and it burns your lungs. Smoke disables before it kills. It does not contain the oxygen that you need to breathe. This means that your brain does not work properly when you are inhaling smoke. Because of this your muscle control, coordination, judgement and reasoning ability are all affected. It is very easy to become disoriented and lose consciousness in smoke.

When something burns, it releases transparent gases. These gases are lighter than air, so they move very rapidly throughout a building. They are also toxic, so they can kill quickly.

When a fire burns in a room, it builds up heat and it can instantly flash over into another room or space. This ball of fire will shoot into any areas that are available. For example, in a high rise, fire can travel sideways from room to room, up elevators, vent shafts, and stairwells if the doors have not been closed.

Fires are fast and deadly. When you are in a fire situation, you won’t have time to think about how to handle it. This is why you must study your site’s fire safety and emergency procedure plans before a fire happens. Know the plan and your role in it very well.

Security Guards will often be the first to detect a fire or arrive on the scene of a fire at the site they are guarding. As the individual who first responds to the emergency, it is important that a Security Guard understand the chemistry of fire, what classes or types of fires there are, and basic fire control and extinguishing methods.

 

Prevention and detection of fires

Security is hired because the client wishes to protect persons, property and information that may be subject to injury or damage by an unseen event such as a fire. A building worth millions of dollars may be leveled by fire. Loss of life may also occur if a fire is not dealt with quickly and appropriately. The detection and prevention of fires is an essential part of the duties of a Security Guard.

Whether on patrol or operating a fixed point, a Security Guard should be constantly on the lookout for fire hazards. Watching for the common things that are likely to generate a fire, for example, electrical equipment that produces heat or sparks when it shouldn’t; combustibles placed near sources of heat; or routinely scanning for evidence that a fire has already started, alarms that have been activated or smoke and heat in places where they shouldn’t be found, will assist the Security Guard in the performance of his or her duties.

These observations should also be extended to include an examination of the entire job site for particularly dangerous situations should a fire or an explosion take place. Knowledge of potential dangers or problems located on escape routes to be used by people fleeing a building would be particularly useful. Examples of information that may become invaluable during such an emergency might include stairwells or emergency evacuation routes that are blocked or allow only restricted access.

The Security Guard who is able to provide firefighters advice on the easiest way to access the scene of a fire may drastically shorten the time required for these professionals to find and deal with the fire.

Having said how beneficial a Security Guard can be in a crisis, it must also be stressed that it is up to the individual to determine the appropriate reaction to the situation. Before a guard begins to work on a new job site, his or her supervisor, should discuss possible actions that a guard may be expected to take during a crisis.

It is expected that, at most work sites, security will conduct routine inspections to detect, identify and mitigate fire hazards such as a cursory examination of fire suppression systems, accumulations of combustible materials in the vicinity of potential sources of ignition, and things that may impede or prevent access to escape routes. Security personnel should take notice of, and react appropriately to, the presence of ignition sources, flammables, and combustibles.

What is an appropriate reaction? This will vary from site to site. For example, at a fireworks factory, it would be of little benefit to report the presence of gunpowder. However, if something appeared to be unusual or dangerous, the guard should probably take some steps to bring the situation to someone’s attention.

Things that might be considered unusual might include storage of flammables or explosives next to a source of great heat such as a furnace. It might also include the presence of boxes or some other obstruction blocking access to fire doors on an escape route. Whether the person advised is his or her supervisor or someone with responsibility at the site will be determined by the policies that have been set. This is why it is important that the security company discuss with their staff how these types of issues will be dealt with in advance.

 

Some basic things to watch for:

  • Explosives or flammables should not be stored near potential sources of ignition;
  • Corridors, particularly those that are likely to be used in an emergency evacuation, should always remain free of obstructions or impediments, and combustible or flammable materials should not be stored there;
  • Exit doors, including the floor area on both sides of the exit door, should be kept clear and accessible at all times;
  • Damage or deterioration of fire suppressors should be reported;
  • Fire alarm systems should appear to be operative.

 

As a Security Guard, you are not responsible for storing and looking after materials and equipment. However, you are responsible for reporting fire and safety hazards. It is very important for you to be aware of “hot spots” at your site and to use all of your senses to detect problems. A good time to look for these problems is when you are on patrol. Here are some additional things to look for:

 

Poor housekeeping

Sometimes things are not properly put away, lying around or put in the wrong place. Watch for the following:

  • Flammable materials, such as gasoline, that are not stored in approved air tight containers;
  • Combustibles, such as cardboard boxes and paper stored too closely to heat sources, such as furnaces, motors, stoves, space heaters or boilers;
  • Oily rags or greasy uniforms that are left near motors;
  • Litter and dust around machinery;
  • Blocked garbage or laundry chutes;
  • Vapours escaping from flammable materials such as alcohol, gas, acetone, naphtha, ether, paint

 

Poor maintenance

Sometimes things are not kept in good repair or are not properly made.  Pay close attention to the following:

  • Chimneys and flues that are blocked or poorly constructed;
  • Electrical wiring that has worn ;
  • Wires installed for temporary use which are below standard;
  • Fuses or circuit breakers that are not properly maintained;
  • Oil stoves, heaters, furnaces or boilers with defective burners and / or improper fuel adjustments;
  • Damaged electrical equipment;
  • Heating ducts and / or pipes that are in contact with combustible material;

 

Improper use

Sometimes things are used carelessly or not according to the manufacturer’s guidelines. Look for the following:

  • Smoking materials not properly thrown away;
  • Overloaded electrical outlets or power bars;
  • Electrical, heating or cooking equipment left on after working hours. Some examples are coffee makers, hot plates, irons, fans, soldering guns, holiday lights.

Before turning off any equipment, make sure that you are allowed to do so;

  • Holiday decorations or displays in an unsafe location;
  • Sparks from equipment such as welding torches falling on burnable material;
  • Overheated equipment, wiring, electrical outlets, fuse boxes, motors – this could also be a result of poor maintenance;
  • Light bulbs that are too powerful;
  • Breakers taped to on position;
  • Circuit breakers that are blocked or tied so that they don’t work;
  • Overuse of extension cords.

If you unplug something or move something, always leave a note and record it in your notebook and reports.

 

Arson

Arson happens when someone starts a fire on purpose. It is important for Security Guards to be on the lookout for this. Prevention is the key to dealing with arson. Think about what you would look for if you wanted to burn the building down, and then try to make sure these conditions do not exist. Do thorough patrols to make sure that there are no obvious ways for someone to break into your site and start a fire. Make sure that there is nothing lying around either inside or outside your site that can be easily ignited. Make sure all trash cans get emptied every night. When you are on patrol, check to make sure that there are no tree limbs under the building eaves. If suspicious people are hanging around on the site you are guarding, approach them with caution, and try to find out their purpose for being there. If a fire has started and you suspect arson, take special care that nothing is touched, so that all evidence is preserved.

 

Spontaneous combustion

Another cause of fires is spontaneous combustion. Chemical changes can take place in some materials. Over time, enough heat can build up inside to make them burst into flames. Heat from an outside source is not needed. Oily rags, flammable liquids, floor oils, hay, grain, charcoal, soft coal, and foam rubber can all start on fire if not properly stored.

Storage of volatile substances will not likely be your responsibility, but you have a right to know about the hazardous substances on your site. Know the WHMIS (Workplace Hazardous Materials Information System) symbols and read the WHMIS labels on materials at your site.

If a guard discovers the presence of an unplanned fire, he or she should normally activate any alarm system present (if one is available and operative) and should either contact the fire department directly or have someone else at the site do it. Security may be able to assist in the suppression of the fire and the evacuation of the premises if possible in the circumstances and if site emergency policy requires it.

Once emergency personnel attend to the scene, he or she should be prepared to provide any necessary advice and direction. Normally, a Security Guard who works in and is responsible for the area will know the best ways for the emergency personnel to navigate around the site.

A Security Guard who has kept his ears and eyes open will also likely know the location of hazardous goods, impediments to safe passage, evacuation routes, and possibly where people might be trapped. This information can be invaluable to the emergency personnel arriving at the scene, allowing them to avoid danger zones and to deal with the fire or injured people in the most expedient manner possible. Security may also be able to assist by directing vehicular and pedestrian traffic on the site.

Of course, the Security Guard should consider the appropriateness of these types of actions in light of factors such as the potential risk to life and the policy and instructions of his or her employer and the owner of the site.

 

The chemistry of fire

The Concise Oxford Dictionary defines combustion as:

  1. Burning.
  2. Chem. the development of light and heat from the chemical combination of a substance with oxygen.

 

Fire is simply a chemical reaction, between one substance (defined as a fuel and includes things such as paper or wood, gasoline, or certain metals like sodium and magnesium) and oxygen, which is of such intensity that light and heat are produced.

Oxygen and fuel can exist in the same environment without spontaneous combustion occurring. For example, the wood you cut for a campfire does not automatically ignite itself after you split it with an axe. Oxygen and fuel cannot react to each other with sufficient intensity to start a fire without the assistance of some initial source of energy to get these substances over the “activation” barrier. “Once the reaction [is initiated], the energy released [by the fire] continues to supply this activation energy. This is why most fires continue to burn as long as fuel and oxygen are available”. This activating energy is usually the heat generated from a spark or a flame. When dealing with a fuel with a low flash point such as rags soaked in paint and solvent, the activating energy might be something as simple as the sun’s rays.

For a fire to exist, fuel, oxygen, and a catalyst – heat – must be present, and continue to be available. (See Figure 1.1). Without the presence of all of these essential elements, a fire cannot start, or, once begun, cannot continue to burn. The efforts of fire suppression devices are oriented at the reduction or elimination of one or more of these elements.

 

Figure 1.1: fire element triangle

Fuel

Whether in solid, liquid, or gaseous form, fuel is a necessary ingredient in the production of fire. Fuel goes through change as it is heated to the point of ignition. Fuels that are solids or liquids at normal room temperatures are essentially converted to a gaseous state, immediately prior to combustion, from the heat released from a catalyst, the “activation” source described above. For example, at room temperature a candle is in a solid state. When the wick is lit, the heat from the ignition source (perhaps a match or lighter) liquefies some of the nearby wax. This liquid wax is drawn up the wick towards the flame. The heat from the flame is so intense that the wax turns into a gas immediately prior to encountering it and ignites upon contact with the flame. This ignition releases more heat, which then melts more wax, continuing the process.

 

The ignition point of a substance is commonly referred to as a flash point. The Macmillan Encyclopedia of Chemistry states:

“The flash point is that temperature at which enough vapour is generated to form an ignitable mixture with air.”

Some fuels have lower flash points than others do. For example, gasoline has a lower flash point (40°F) than kerosene (138°F). Atmospheric pressure also impacts significantly on the flash point of a substance.

 

Oxygen

A fire cannot start, or if started, cannot continue without oxygen.  Unfortunately, in most fires there is an abundance of oxygen. The air we breathe and thus, the air that a fire has access to naturally contains about 21 percent oxygen. The factor that limits fire growth and duration is almost always the amount of fuel available.

Carbon dioxide fire extinguishers attempt to interrupt the chemical reaction of fire by introducing this inert gas to the environment preventing atmospheric oxygen from coming into contact with the fuel.

Dry chemical extinguishers attempt to do the same thing by placing a non-reactive powder between the fuel and the oxygen effectively smothering the fire.

Caution should be exercised before concluding that a fire has been smothered because of a lack of oxygen in the environment:

If a room in a house is somewhat sealed so that the oxygen in a room becomes limited… the fire does not continue to burn as the oxygen is depleted. Instead, the fire burns actively only until the oxygen level drops from the usual level of about 21 percent to about 15 percent. At this point, despite the reduction in the presence of oxygen, the fire smoulders without flame.

Firefighters and anyone else involved in fire safety must be alerted to this condition because inadvertently opening a door or window will admit fresh oxygen and cause a dangerous backdraft explosion.

 

Heat

The source of ignition of a fire is some source of heat, which acts as a catalyst and initiates the chemical reaction between oxygen and some secondary substance (fuel). When you observe a flame, what you are actually witnessing is a highly exothermic chemical reaction. This is a type of chemical reaction that releases a great deal of energy in a short period of time, mostly in the form of heat (but also producing light).

Heat is the transfer of energy from a substance to the surrounding atoms causing them to vibrate and to move faster. Since fires release so much energy, much of it is transferred to the surrounding atoms and molecules as heat. Once the chemical reaction of fire begins, and until the fire is deprived, naturally or unnaturally of one or more of the essential elements (fuel, oxygen, or heat), it will self-sustain and continue to burn.

Heat reduction – slowing down the molecules and atoms below the point of ignition – is one method of suppressing a fire. Water is commonly used to reduce heat. When sprayed on a fire, water molecules adhere to the fuel source and absorb some of the heat energy radiating from the portion that is already burning.

If enough water is applied to a fire, its temperature will be reduced below the ignition point of the fuel, and the chemical reaction between the oxygen and the fuel will cease. However, water has a low boiling point. This means that it is converted from a liquid form to a gaseous form at a relatively low temperature. If an insufficient amount of water is applied to a large fire, the water will absorb all of the heat that it can and evaporate.

However, because the entire fire has not been extinguished, the lost heat will soon be replenished by the continuing chemical reaction between oxygen and the fuel source that was not affected by the cooling water.

 

Categories of fire:

Fires are universally classified by using the following categories (see also Figure 1.2, Fire Classification Symbols):

Class A: Ordinary solid combustibles, such as wood, paper, cloth, plastic, charcoal, and so on.

Class B: Flammable liquids and gases, such as gasoline, propane, diesel fuel, tar, cooking oil, and similar substances.

Class C: Electrical equipment such as appliances, wiring, breaker panels and so on. These categories of fires become Class A, B, and D fires when the electrical equipment that initiated the fire is no longer receiving electricity.

Class D: Combustible metals such as magnesium, titanium, and sodium. These fires burn at extremely high temperatures and require special suppression agents.

The classification of fire that a specific extinguisher is designed to suppress is indicated on the extinguisher itself. The symbols indicated in Figure 1.2 are often the only indication of the classification, so an individual attempting to use the extinguisher must understand the classifications that the symbols represent.

The categorization of fire provides assistance in the general understanding of the nature of a particular fire and in determining the best course for the suppression of that fire. However, it is important to realize that the heat generated by the combustion of one fuel may cause other substances to ignite, increasing the difficulty of extinguishing the fire. For example, suppose some electrical wires short out in an older wooden building. The sparks from the electrical wires cause some paper on the floor to catch on fire which causes the wooden walls to ignite. The tar on the roof melts in the excessive heat, and this gooey mess catches fire as well. In this example, several classifications of fires coexist. Firefighters would be hard pressed to develop a single strategy to deal with the blaze, as they may not even know all of the types of fire until they arrive at the scene and review the situation. This is why it is recommended that an untrained person attempting to deal with a fire exercise extreme caution.

 

figure 1.2: fire classification symbol

Types of fire extinguishers

Fire suppression works by eliminating one or more sides of the fire element triangle (Figure 1.1), preventing the chemical reaction between oxygen and fuel. No single suppression substance has been developed to deal with all four classes of fire.

 

Water

Water is used to reduce the temperature of a combustible substance. When heated into gaseous form (steam) by the energy it absorbs, the water will also be dispersed into the atmosphere surrounding the fire. This may have the secondary effect of diluting the amount of oxygen available, providing the fire is in a relatively small, contained area. Water is normally reserved for use on Class A fires. If used on Class B fires, it may spread the flames around. It is never used on Class C fires because water conducts electricity and poses substantial risk of electrical shock to the person attempting to extinguish a Class C fire. Class D fires are unlikely to be effected by water because of the extreme heat generated by these fires.

 

Firefighters often spray other potential sources of fuel (neighbouring houses, walls that have not yet caught on fire, and so on) that are subject to radiating heat from the fuel that is already burning. The water on the additional fuel source will absorb the heat and must be evaporated before the secondary fuel catches fire as well.

 

Carbon dioxide

Carbon dioxide (CO2) is an inert gas that is ejected under pressure from an extinguisher and is used to blanket a fire so that atmospheric oxygen is prevented from contacting the fuel source. Normally, carbon dioxide extinguishers are used on Class B fires. If CO2 is used on a flammable liquid fire, when it dissipates, the liquid will not automatically re-ignite as flammable liquids are usually not hot enough to re-achieve activation after the flames have been put out.

On the other hand, a CO2 extinguisher may not be effective on a Class A fire because the temperature of the fuel, even without the flames, will likely be sufficient to re-ignite once the CO2 has dispersed.

Carbon dioxide is also very cold. Caution should be exercised in using this substance for this reason. Frostbite may result if bare skin is contacted. Carbon dioxide should also be used cautiously in contained areas as it tends to displace oxygen, which the person fighting the fire also requires.

 

Halon gas

This heavier-than-air compressed gas is used to suppress Class A, B, and C fires. Halon offers both the cooling effects of water and adds the smothering effects of carbon dioxide. Its primary effect is to interrupt the reaction between oxygen and fuel. Halon leaves virtually no residue after use making it especially useful in suppressing fires where damage from suppressant use and cleanup of residue would be very costly. Again, like CO2 suppressors, Halon tends to displace oxygen and in contained areas should be used cautiously.

 

Aqueous film forming foam

This product, known as AFFF, is essentially an improvement on simply spraying water on a fire. It adds a detergent-like substance to the water to make foam, which allows the water to cling to vertical objects like trees and walls. The foam also acts as a thermal layer, blocking the transference of heat from the burning substance to other objects. Foam also acts to smother fires by forming a barrier between the fuel and oxygen. It is designed for Class A and B fires. Because AFFF is water-based, it possesses the same disadvantages for use on Class C fires.

 

Dry chemicals

Dry chemical fire extinguishers interrupt the contact between the oxygen and the fuel by covering the fuel with a coating of non-reactive powder. There are two types of dry chemical fire extinguishers each capable of dealing with a different group of classes of fires. Regular dry chemicals (sodium bicarbonate and similar types of dry chemicals) are effective against Class B and C fires. Tri-class dry chemicals (such as monoammonium phosphate) are effective against Class A, B and C fires.

 

Metal fire suppressors

These dry powders are designed exclusively to suppress metal fires. There are three commonly available suppressants – Met-L-X, Lith-X, and Pyrene G-1. Each is designed for a specific type of metal fire.

Deterioration of fire extinguishers

A Security Guard should take the time to learn not only the location and nature of the fire extinguishers on the site, but also should keep an eye out for the condition of the equipment. Fire extinguishers do deteriorate with age. Anything out of the ordinary should be reported to the officer’s supervisor who will carry the message to the client. Things that a Security Guard should pay close attention to:

  • Are the extinguishers available appropriate for the job site? For example, if the site is used to manufacture magnesium-based roadside flares, the appropriate metal fire suppressor should be available.
  • Is the extinguisher container corroded, cut, or damaged?
  • Is the nameplate or instruction guide plate firmly attached?
  • Is the hose and/or nozzle damaged, plugged, or broken? The rubber hose itself is also prone to cracking and dry rot and may break when the time comes to use the extinguisher.
  • Is the pressure head assembly in operating condition? The gauge should show proper pressure, the safety pin should be in place, and any tamper seal should not be broken.
  • Inspection and test dates should not have expired.

 

Delivery systems

There are three basic hand-operated devices for delivering the suppressant:

Hand pump

A hand-operated pump may be used to apply the suppressant onto the fire. Normally, water is the only substance that is dispensed through this type of device.

Pressurized storage container

These cylindrical storage containers customarily contain water, AFFF (foam), Halon, or dry chemicals, under its own pressure or together with an inert gas that provides sufficient pressure to blow the suppressant out of the cylinder. The suppressant is forced out of the cylinder under high pressure when a safety pin is removed and the trigger squeezed. Additional dispersement devices also rely on pressure such as the water pressure in fire hydrants and the standpipe systems commonly found in many commercial buildings. Anyone attempting to operate one of these systems should be aware that the force of the water travelling through the hose might generate a substantial back-pressure.

Gas cartridge

These extinguishers operate in a similar manner as the pressurized storage containers. The large cylinder contains the suppressant, which is under no pressure at all. When the trigger device is engaged, the propellant, located in a small cylinder on the side of the larger container, is activated to blow the suppressant out of the main cylinder. Gas cartridge extinguishers are used to apply dry chemical and metal fire suppressants.

 

When to use a fire extinguisher

Fire-fighting is normally the responsibility of the local fire department.  However, individuals may wish to attempt to extinguish or contain small fires where there is no risk to life, health, or personal safety.

An individual who does not know how to use a fire extinguisher properly should be cautious about attempting to use it. He or she should call on the professionals instead. Improper usage or use of an improper extinguisher by an untrained person may actually increase the danger posed by the fire. For example, imagine a person attempting to use a garden hose to extinguish a grease fire in a kitchen. Water from the hose will not extinguish that type of fire. Instead, the water may cause the fire to spread, igniting more of the premises and worsening the situation.

 

PASS

The general process for fighting a fire with a hand-held fire extinguisher may be characterized with the acronym PASS:

Pull the safety release pin.

Aim the extinguisher at the base of the flames.

Squeeze the trigger.

Sweep the base of the fire from side to side until it appears to be out.

Not all fire extinguishers operate in accordance with these general directions. If special instruction is required, the Security Guard should obtain guidance from his or her supervisor on the operation of the particular extinguisher.

Before fighting a fire, security should activate the fire alarm, or if there is no alarm on the premises, ensure that the occupants of the site are notified of the fire. Ensure that all persons are out of the immediate area and that a general evacuation has been started, if necessary.

The fire department should also have been called and advised of the fire. If you are unable to extinguish the fire, firefighters will provide backup and be able to take over where you left off. And, if you have been able to put the fire out, the fire department officials will be able to inspect the remains to ensure that the fire is completely extinguished; they also may be able to determine the cause of the fire, if one is not readily apparent.

 

Some points to consider:

  • Only attempt to use a fire extinguisher that can be reached without going between the fire and your (potential) escape route;
  • Always assume that you will be unable to extinguish a fire. Do what you can, and if the situation turns dangerous, flee;
  • Always make sure that you use the correct fire extinguisher for the type of fire you are facing;
  • Always limit your efforts to smaller, contained fires. The average fire extinguisher lasts for seconds, not minutes. If the fire cannot be extinguished within ten seconds or less, it should probably be left for the fire department;
  • Always make sure that your back is to an unobstructed exit that is not in danger of catching fire before you can escape through it. If there is a wind, position yourself with your back to it, if possible, so that if the fire spreads you are not in danger of being cut off from the exit;
  • Always make sure that the room is not filled with smoke when you attempt to extinguish the fire. You do not have the benefit of the protective equipment firefighters possess to protect them from toxic smoke. Smoke is also hard to see through and may make it difficult to locate your escape route;
  • Always remember that the content of fire extinguishers is under pressure. Make adjustments for the size and location of the fire. For example:

“The most important thing to know is the distance to be from the fire. For a dry powder [extinguisher], you must be eight to ten feet away. For a CO2 [extinguisher], it is five to six feet. If you are too close, you could spread the fire. For example, if you aim at a pot on a stove and you are too close, you will basically pick up the contents of the pot [with the pressure of the extinguisher] and splatter it, spreading the fire around the kitchen”;

  • Always test the fire extinguisher before you approach the fire.

 

Rank structure of fire departments

At the scene of a fire, explosion, accident, or similar incident, a Security Guard may have to interact with personnel from a fire department. Security Guards should be aware of the rank structure of the fire departments as interacting with an individual of the appropriate rank and job function will save a great deal of time and effort. This is not to say that in an emergency security should waste a great deal of time in searching for a particular colour of helmet. If you are trying to advise fire department officials of a dangerous situation or of people that are trapped somewhere on the site, speak with the first person that is available and ask if you should find someone else that needs to know.

 

Keep in mind that Table 1.1 – Fire Department Rank Structure – represents a general colour pattern across Canada. However, some individual departments may not have elected to follow this pattern. It is recommended that security companies check with their local fire department officials to determine what rank/colour structure is used in the location guards will be working within. Individual officers should also be aware that safety equipment like helmets may be exchanged in the event of damage or defect. Colour may therefore not be an absolute indicator of an individual’s rank.

 

Table 1.1: fire department rank structure

Helmet colour Rank and title
White Chief
White Deputy or Assistant Chief
Red Captain
Red Lieutenant
Yellow Firefighter
Blue Safety Officer

7.3 MEDICAL EMERGENCIES

What is First Aid?

First-Aid is emergency help given to an injured or suddenly ill person using readily available materials. It can be simple, like removing a sliver from a child’s finger and putting on a bandage. Or, it can be complicated, like giving care to many casualties in a motor vehicle collision and handing them over to medical help. But no matter what the situation, the objectives of First-Aid are always the same. First-Aid tries to:

  • Preserve life;
  • Prevent the injury or illness from becoming worse;
  • Promote recovery

 

First-Aid is made up of both knowledge and skills. Some of that knowledge you will find in this lesson. The best way to acquire First-Aid skills is to take a recognized First-Aid course from a qualified instructor. In an emergency where there are injuries, your ability to act calmly, assess the situation and give appropriate First-Aid will depend on your First-Aid skills.

Who is a First-Aider

Anyone can be a First-Aider.  Often the First-Aider at an emergency scene is someone who was just passing by and wanted to help. A parent can be a First-Aider to his or her child, a firefighter can be a First-Aider to an injured pedestrian, or an employee can be trained as a First-Aider for his or her place of work. A First-Aider is simply someone who takes charge of an emergency scene and gives First-Aid.  First-Aiders don’t diagnose or treat injuries and illnesses (except perhaps when they are very minor). A First-Aider suspects injuries and illnesses and gives First-Aid.

What can a First-Aider do?

A First-Aider gives First-Aid, but she can also do much more. In an emergency, where there is confusion and fear, the actions of a calm and effective First-Aider reassure everyone, and can make the whole experience less traumatic. Besides giving First-Aid, he or she can:

  • Protect the casualties belongings;
  • Keep unnecessary people away;
  • Reassure family or friends of the casualty;
  • Clean up the emergency scene and work to correct any unsafe conditions that may have caused the injuries in the first place.

A casualty’s age in First-Aid and CPR

In First-Aid and cardiopulmonary resuscitation (CPR):

  • An infant casualty is under one-year old
  • A child casualty is from one- to eight-years old
  • An adult casualty is eight-years and older

These ages are guidelines only; the casualty’s size must also be considered.

First-Aid and the law

Can a First-Aider be sued for giving First-Aid? Fear of being sued is one of the main reasons why people don’t help when help is most needed. As a First-Aider, there are two “legal” situations in which you might give First-Aid. First, you might give First-Aid as part of your job, for instance, as a lifeguard or Security Guard. Second, you might simply be a passerby who sees an emergency situation and wish to help the injured or ill person.

Giving First-Aid as part of your job

When giving First-Aid as part of your job, you have a legal duty to respond to an emergency situation at your workplace. You have a duty to use reasonable skill and care based on your level of training. This might include more than First-Aid. You may be trained in rescue, driving an emergency vehicle, etc. If you are a designated First-Aider at work, make sure your certification is always up to date. If you can, get a level of training higher than the minimum. You will be a more confident and effective First-Aider.

Giving First-Aid as a passerby

In Canada (except Quebec) and most of the United States, you do not have a legal duty to help a person in need – if you do not help an injured person, you are not at fault. But our governments want to encourage people to help others, so they recognize the Good Samaritan principles. These principles protect you if you choose to help someone in need. Once you give assistance, you are obligated to use reasonable skill and care based on your level of training.

Principles of the Good Samaritan

You are a Good Samaritan if you help a person when you have no legal duty to do so. As a Good Samaritan, you give your help without being paid, and you give it in good faith meaning that you help people because you care about them. Whenever you help a person in an emergency situation, you should abide by the following principles:

  • You identify yourself as a First-Aider and get permission to help the injured or ill person before you touch them. This is called consent;
  • You use reasonable skill and care in accordance with the level of knowledge and skill that you have;
  • You are not negligent in what you do;
  • You do not abandon the person.

Consent

The law says that everyone has the right not to be touched by others. As a First-Aider, you must respect this right. Always identify yourself to a casualty and ask permission before touching them. When you arrive at an emergency scene, identify yourself as a First-Aider to the casualty. If you are a police officer, nurse, First-Aider, etc., say so.

 

Ask if you can help. If the casualty says “yes,” you have consent to go ahead and help. If the casualty doesn’t answer you, or doesn’t object to your help, you have what is called implied consent, and you can go ahead and help. There are some special situations:

  • If the casualty is unresponsive and relatives are present, ask for consent from the casualty’s spouse or another member of the casualty’s immediate family;
  • Although it might not seem to make sense that you would identify yourself to an unresponsive person and ask for consent to help them, this is what you must do. Always ask for consent before touching a casualty. If there is no response, you have implied consent to give First-Aid.
  • If the casualty is a young child or an infant, you must get consent from the child’s parent or legal guardian. If there is no parent or guardian at the scene, the law assumes the casualty would give consent if he or she could, so you have implied consent to help;
  • A person has the right to refuse your offer to help and not give you consent. In this case, do not force First-Aid on a conscious casualty. Even if you do not have consent to touch the person and give First-Aid, there may be other actions you can take, like controlling the scene, calling for medical help, etc.

Reasonable skill and care

As a Good Samaritan, when you give First-Aid, you are expected to use reasonable skill and care according to your level of knowledge and skills. When in question, care that is given will be measured against what the reasonable person with the same level of knowledge and skill would do. Give First-Aid with caution so that you don’t aggravate or increase an injury. Make sure you only try to do what you know you can do and that all of your actions will help the casualty in some way.

Negligence

The Good Samaritan principles say that, if you help someone that needs emergency medical care, you will not generally be considered negligent for what you do or don’t do as long as you use reasonable skill and care according to your level of knowledge. When you give First-Aid, use common sense and make sure your actions are in the casualty’s best interest. Simply put, give the care that you would like to receive if you were in the casualty’s position.

Abandonment

Never abandon a casualty in your care. Once the casualty accepts your offer to help, do not leave them. Stay with them until:

  • They are handed over to medical help
  • They are handed over to another First-Aider
  • They no longer want your help – this is usually because the problem is no longer an emergency and further care is not needed

Safety and First-Aid

The number one rule in giving First-Aid is to “give First-Aid safely.”  Emergency scenes can be dangerous and you have to make sure your actions don’t put you or anyone else in danger. Take the time to look for hazards and assess the risks of any actions you take. You don’t want to become a casualty as well.

 

There are three basic risks to be aware of:

  • The energy source that caused the original injury – is the energy still active and could anyone be injured by it? For example, where a machine caused the injury, is the machine still running?
  • The hazards from secondary or external factors – are other conditions present that could be a hazard? For example, at the scene of a car crash, could there be an explosion or perhaps injuries caused by passing vehicles?
  • The hazards of the rescue or First-Aid procedures – is there risk of someone being injured by the rescue and First-Aid actions? For example, if the casualty is much larger than you are, and you move the person, can you do so without injuring yourself?

Preventing infection

A First-Aider and casualty are in very close contact with each other when First-Aid is given. This close contact means that an infection could pass from one person to the other. This risk of infection is a safety hazard a First-Aider has to be aware of.  There is more risk of a serious infection when blood and other bodily fluids are involved, as the viruses that cause AIDS, hepatitis B and other illnesses may be present. If you don’t know if someone is infected with an illness, you should always use safety measures called the universal precautions to minimize the risk of transmission.

 

The universal precautions are used in the health care professions to reduce the risk of infection for both the caregiver and the casualty. The universal precautions that apply to First-Aiders are: hand washing, wearing gloves, minimizing mouth-to-mouth contact during artificial respiration and the careful handling of sharp objects.

 

Gloves

Gloves prevent direct hand contact between the First-Aider and the casualty. Wear gloves when you might touch the blood, bodily fluids, tissue or anything that has come in contact with one of these. Put on your gloves as you approach an emergency scene. Vinyl or latex gloves are equally effective, although latex irritates some people’s skin. Keep your gloves in a place you can get to easily, where they are not exposed to really hot or really cold temperatures. It’s a good idea to keep a few pairs of gloves in your First-Aid kit.

Hand washing

Hand contact is one of the main ways infections are transferred from one person to the next. Wash your hands with soap and running water immediately after any contact with a casualty. It is also a good idea to wash your hands often when you are around people who are sick with a cold, the flu, etc.

 

Minimizing mouth-to-mouth contact

There is a slight risk that infection could be passed from one person to another during artificial respiration (AR). Use a special face mask or shield designed to prevent disease transmission during AR. Many brands and types of masks are available. Choose a disposable mask or one with a disposable one-way valve. Keep it in an accessible place where you can get it quickly. Follow the directions that come with the mask in order to use it properly.

 

Sharp objects. If a sharp object touches infected blood and then pricks or cuts you, you could become infected. Although First-Aiders do not routinely use sharp objects like scalpels and needles, there may be a need to use a knife or perhaps clean up broken glass that has been in contact with blood. In these cases, wear gloves and handle sharp objects with extreme care because one could cut through your gloves and skin and infect you.

The universal precautions are safety measures for protecting both the First-Aider and the casualty. Although it may seem like you are wasting precious time by pulling on gloves or getting your face mask ready, this is not the case. Safety is the most important concern while giving First-Aid. Use the universal precautions to ensure the safety of everyone at the scene.

Child abuse

When giving First-Aid to a child with injuries, be on the alert for signs of child abuse. Child abuse is any form of physical harm, emotional deprivation, neglect or sexual maltreatment, which can result in injury or psychological damage to a child. To detect possible child abuse, look for signs such as:

  • Injuries inconsistent with what a child could do;
  • Unusually shaped bruises or burns;
  • The child’s apparent fear of the parent or caregiver.

 

If you suspect child abuse, do not accuse anyone. Insist that the child receive medical help for the injuries; this will permit a full medical assessment. If you don’t think the child will be taken to a doctor, call an ambulance and the police to the scene; this will ensure a doctor sees a child.

 

If medical care for the child is refused and calling for an ambulance and/or the police is impossible, call a child welfare agency and report your suspicions. When you make such a call, you don’t have to give your name if you don’t want to.

Medical help

As a First-Aider, you cannot diagnose the exact nature and extent of any injury or illness, only a medical doctor has the professional experience and legal right to do this.

As a rule, First-Aiders should always suggest that the casualty receives medical care following First-Aid treatment. Only for the most minor injuries is this not necessary.

In First-Aid, medical care is called medical help.

 

In dealing with safety, a Security Guard may be called upon to play a major role. The Security Guard must know:

  • Why an accident has happened;
  • What injuries have resulted from the accident; and
  • How similar accidents and injuries can be prevented.

 

In order for a Security Guard to develop safety-oriented skills for prevention of accidents, he/she will need to:

  • Make a personal commitment to safety;
  • Follow safety rules as outlined in the Site Orders;
  • Adopt safety practices;
  • Use protective clothing and equipment;
  • Learn the safe operation of machinery and equipment
  • Recognize and heed the symbols on hazardous products; and
  • Take precautions recommended on the label of hazardous products.

 

Of all the reasons for establishing First-Aid services in the workplace, and there are many, the most compelling must be the federal and provincial Acts regulating occupational health and safety. This legislation specifies management responsibilities for acceptable levels of First-Aid training for each industrial and business operation. In addition to meeting federal and provincial requirements, effective First-Aid services yield valuable benefits. These include a decrease in personal injuries, poor morale, a reduction in absenteeism and improved productivity.

 

The adage “once bitten, twice shy” was never more applicable than in the area of personal injuries. An injured person develops a greater awareness of hazards and becomes more safety conscious. However, similar changes in attitudes were observed in workers who had received safety oriented First-Aid training, and without the pain and suffering of an injury. First-Aid training not only reduced the number of incidents of injury, it also decreased the severity of those injuries that were sustained. First-Aid services are a key component to the Emergency Response System needed for any organization, institution or industry.

Safety in a violent situation

Violent situations are not uncommon. In any emergency scene, be on the lookout for violence. If there is violence, or the potential for violence, be careful. Your first priority is to protect your own safety – don’t put yourself at risk.

 

Initially, a person’s first instinct when dealing with violence is to react in a physical manner. When you come across this situation, do not engage the subject in a physical confrontation. Our main priority is to ensure that everyone on site is safe from harm. Force should only be used to defend yourself against an imminent danger to your life or that of another person. To ensure the best possible outcome, it is important to call the police as soon as possible. Do not trust others to do this for you. Many people will be too focused on what they are witnessing to call the police. Do not intervene until you know the police are on their way, and only if absolutely necessary.

 

Whenever injuries occur through violence, a crime has been committed. If you think a crime has been committed, call police to the scene. While waiting for the police, do the following:

  • Protect your safety, and the safety of others, if you can;
  • Give First-Aid for any injuries, and be sensitive to the casualty’s emotional state – see psychological First-Aid for assault;
  • Keep onlookers away as much as possible. Do what you can to ensure the privacy of any casualties;
  • Leave everything at the scene as is; you may disturb evidence that could help police.

 

As a Security Guard, you may have additional information the police will find helpful. Remain at the scene until police say you can leave. Answer all questions the police ask of you.

8.1 LEARNING OUTCOMES

Upon completion of this module, you will be able to:

1. Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to the work of a Security Guard
2. Identify the legal authorities, rights, and limitations of a Security Guard
3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code
4. Identify the types of offenses in the Criminal Code of Canada and provide examples of each
5. Discuss and provide examples of the following:
a. Use of force in the line of duty
b. Provisions for search and seizure in the performance of duties
c. Legal powers of Security Guards in situations of trespassing or vandalism
d. Legal powers of Security Guards in loss prevention and theft
6. Describe the consequences when a Security Guard exceeds his/her authority

8.2 CANADIAN CRIMINAL COURT SYSTEM

An Introduction To Criminal Law

Security guards may be required to prepare for legal proceedings, present evidence, prepare themselves and/or witnesses for testimony and follow up on the outcome of court proceedings. Security guards need a general understanding that all investigations should be conducted as if the case could potentially go to trial and therefore handle themselves accordingly to ensure that no procedural or administrative mistakes are made.

 

What is a Security Guard’s legal status under the Criminal Code (Canada)?

Security guards have the same powers as anyone in Canada and no more.

The Criminal Code (Canada) gives the legal limits that you must follow while doing your duty. The Code says that all private citizens who enforce the law are protected if:

  • they act on reasonable grounds;
  • they are justified; and
  • they only use as much force as is necessary.

All three of these points must be met – otherwise you may be charged with a criminal offence or sued.

 

Security Guards require a basic understanding of the Canadian legal system, including the rights all citizens share, the powers that may be exercised that impact upon those rights, and the responsibilities that go along with the exercise of those privileges. This module relates to the function of  criminal law and its impact on those in the security service industry. The 3 basic questions that students should be able to answer at the end of this module are:

 

1. What is criminal law?

Criminal law has been commonly defined as law enacted to further some public purpose, such as public peace, order, security, health, or morality. At the core of Canadian criminal law lies the Federal Criminal Code (Canada).

 Like many things in life, “the law” holds a different meaning for each one of us because of our different backgrounds. What we perceive “the law” to be is different, because of all of the background experience and “baggage” we bring along with us when we look at an issue. For example, a person from a country where corruption is an active part of the justice system may have a radically different perspective of what “the law” is all about, when compared to a person raised in a society in which there is little or no corruption. For practical purposes, however, we must be able to come up with a workable definition, understood by all and that security personnel can readily understand and relate to.

This definition of “law” might be:

Rules which regulate the conduct of members of society that are created, recognized and sanctioned by government.

 

2. What purpose does it have?

The Criminal Law is just one part of the rules that regulate our daily behaviour. Simply stated, the Criminal Law is the standard of behaviour that governs all people in our society. Its main purpose is to protect all citizens, keeping our communities peaceful and safe by regulating our conduct. It also provides certain powers to individuals when encountering a breach of those common rules. For example, a police officer, and, in specific circumstances, a private citizen, may arrest an individual contravening the criminal law. The powers of arrest security guards possess when the criminal law has been breached are set out in the Criminal Code (Canada).

A person accused of committing a criminal offence (conduct that falls beneath the minimum behavioural standard specified in the criminal law) is entitled to appear in a court of law to answer to the accusation. The Court must be satisfied that the person is guilty of the conduct – that is, an offence detailed in the Criminal Code (Canada) has been committed – before punishing the person. The Court can be satisfied of this in one of two ways: by the accused person admitting guilt (a guilty plea), or by finding the person guilty after trial. Not every person who has contravened the Criminal Code (Canada) may be held accountable for his or her actions. For example, children under twelve cannot be prosecuted for criminal offences. A person with mental illness, who does not understand that his or her actions were wrong, cannot be prosecuted.

The federal government has the responsibility of creating criminal laws and has placed the bulk of them in a comprehensive piece of legislation called the Criminal Code (Canada).  Penalties for violating other rules of society may be found in other legislation, such as The Traffic Safety Act. However, provincial and municipal offences do not fall under the heading of criminal law, although they share some things in common with federal legislation. Subsection 91(27) of the Constitution Act, 1867, is the only item that provides the power to pass criminal law. And it affords this only to the federal government.

The power of the provinces to enact quasi-criminal offences also provides the provinces with the authority to prescribe procedure for these offences. Commonly, the provinces have tended to adopt a similar scheme to that set out under the Criminal Code (Canada) for breaches of provincial legislation. Provincial offences of this nature (called quasi-criminal offences) are processed much like summary conviction offences under the Criminal Code (Canada).

A conviction under provincial or municipal law does not form part of a criminal record, although the province and most municipalities keep records of these convictions for other purposes.

 

3. How are laws made?

Under our constitution, only the Parliament of Canada and the Legislative assemblies of each province have a recognized right to create legislation. The creation of law, however, is not limited to these legislative bodies. The provincial and federal governments may create laws known as statutes and regulations. These Acts and regulations (known as legislation) in turn can delegate to another person or body the ability to create additional laws. For example, regulations under some Acts have been prepared by some departments and approved by Cabinet; alternately, however, authority can be delegated to a municipality to pass laws of its own, governing specific areas. For example, The Municipalities Act authorizes cities and towns to enact specific types of bylaws.

 

Examples of municipal bylaws include:

  • bylaws specifying traffic control/speeds; and
  • prohibitions on using or discharging firearms and/or crossbows within city limits.

 

Long before a law is passed into force, the governmental machinery is set to work. Government administrators will discuss amongst themselves and with groups within the community what sort of regulation is required to achieve a particular goal. In the case of provincial legislation, usually one department will be given the lead role of consulting with those affected by the legislation. Legislation will be drafted and circulated several times to ensure that the legislation, which is eventually presented to Cabinet, not only addresses the problem but is also practical and capable of enforcement.

Of course, the mere passage of a law does not mean the problem will go away. Law must be complied with, to be effective. Enforcement is one mechanism to achieve compliance.

The police, the courts, and lawyers hired to prosecute offenders (Crown prosecutors) are responsible for enforcing the criminal law. The police investigate crimes, and in consultation with the prosecutors, lay charges. The prosecutors take those allegations to court and present the evidence of witnesses to the judges who preside over those courts, suggesting that one or more of the laws identified in the Criminal Code (Canada) have been breached.

 

The Court Structure

The Courts are assigned the task of determining if an offender has breached a law, and if this has taken place, the responsibility for determining the consequences to be imposed.

The courts in Canada are organized in a four-tiered structure. The Supreme Court of Canada sits at the apex of the structure and, consistent with its role as “a General Court of Appeal for Canada”, hears appeals from both the Federal court system, headed by the Federal Court of Appeal and the Provincial court systems, headed in each province by that province’s Court of Appeal. In contrast to its counterpart in the United States, therefore, the Supreme Court of Canada functions as a National, and not merely Federal, court of last resort.

The next tier down from the Supreme Court of Canada consists of the Federal Court of Appeal and the Various Provincial Courts of Appeal. Two of these latter courts, it should be noted, also function as the courts of appeal for the three Federal Territories in Northern Canada, the Yukon Territory, the Northwest Territory, and the Nunavut Territory.

The next tier down consists of the Federal Court, the Tax Court of Canada, and the Provincial and Territorial Superior Courts of general jurisdiction. These latter courts can fairly be described as the lynchpin of the Canadian judicial system since, reflecting the role of their English counterparts, on which they were modeled; they are the only Courts in the system with inherent jurisdiction in addition to jurisdiction granted by Federal and Provincial statues.

At the bottom of the hierarchy are the courts typically described as Provincial Courts. These courts are generally divided within each Province into various divisions defined by the subject matter of their respective jurisdictions; hence, one usually finds a Traffic Division, a Small Claims Division, a Family Division, a Criminal Division, and so on.

The Canadian Legal system has its foundations in the British common law system, inherited from being a part of the Commonwealth. Quebec, however, still retains the civil system dating from the French colonial era. Both systems are subject to the Constitution of Canada and the Canadian Charter of Rights & Freedoms.  The Constitution of Canada is the supreme law of Canada under which all laws must conform. The Constitution Act, 1867 provides for the basis of a system of government. In particular the Act provides for a federalist system where powers of government are divided between the Federal and Provincial governments. The Constitution Act, 1982 entrenched the entire Constitution of Canada providing a power to strike down inconsistent laws and an amendment formula. The Charter of Rights & Freedoms, contained in the Constitution Act, 1982 provides for an entrenched bill of rights.

Courts In Canada

The ultimate court in Canada is the Supreme Court of Canada which since 1949 has been the court of last resort for all issues of law. Before then, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom. Section 92 courts exist throughout Canada and are often called Superior Courts. While the judges in these courts are appointed through a federal process, the courts are administered by the provinces. As well there are appellate courts in each Province and Territory and a Federal court system which has jurisdiction to deal with certain issues (immigration, patents, maritime law) as set out on the Federal Court Act.

Legal Traditions

As with all common law countries, Canadian law follows the system of stare decisis. All courts must follow the decisions of the more senior courts.  The inferior and superior courts of the provinces are not bound by the courts of any other provinces, however, their decisions are treated as a persuasive source of law and are often followed as if binding; only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling. The Ontario Court of Appeal, for example, is often looked to for guidance on many local matters of law for many other provinces, especially in matters such as evidence and criminal law.

Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords prior to 1867 are still binding upon Canada unless they have been overturned by the Supreme Court of Canada. Equally, Canada is still bound by the decision of the Privy Council prior to the abolishment of appeals in 1949. Nonetheless, decisions from both these bodies, even after sovereignty, are still held in high esteem and are considered very persuasive by the courts.

Quebec Civilian System

Section 92 of the Constitution has allowed for the Province of Quebec to preserve its civilian system in matters within the provincial jurisdiction through the Civil Code of Quebec. The court system, being a Federal matter, is still founded on the common law.

Criminal Law

The enactment of criminal law is under the jurisdiction of the Federal government, and thus Canada has one Criminal Code that is applicable throughout Canada. The provinces separately promulgate “quasi-criminal” offences in a variety of administrative and other areas. The administration of justice and penal matters are under the jurisdiction of the provinces, so each province administers most of the criminal and penal law throughout Provincial and Municipal Police services.

Civil Law

The area of Civil Law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government. Parties will seek remedies from the court on contractual matters, tort, and property law, among others.

Procedural Law

Procedural Law in Canada encompasses several aspects of the justice system. The laws of evidence regulate the admissibility of evidence in courts and tribunals .The level of government that sets these rules depends on who has jurisdiction over that particular area of law. The functioning of the Courts is regulated by the laws of civil procedure which are codified in each Province’s civil procedures rules.

Definitions

The following outlines various definitions of legal terms used throughout this module. It is important to note that when dealing with legal matters, specific terms are used to denote specific things. Using the wrong terminology can cause confusion, and in some cases, may lead to the inadmissibility of evidence in Court.

Evidence: All legal means, exclusive of mere argument, which tends to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation “it is the foundation of any investigation”. Security Guards must know “good” evidence from “weak”.
Prima Facie: Means the facts that have “arisen at first sight based on a first impression”. If unchallenged, it will be accepted in court as they were presented.
Onus Probandi: Simply means the burden of proof, or the obligation to prove a particular fact.
Facts in Issue: The allegations in a criminal trial which must be proved before the accused can be found guilty, or facts which constitute a legal defence to the charge.
Voir Dire: A trial within a trial solely to determine the admissibility of evidence.
Res Gestae: A “blurted statement” that was given by an accused before there was any opportunity to inform him/her of his/her rights. For example, a person is running out of a house yelling “I’m sorry I killed him” is a “Res Gestae” statement, and is usually accepted by a judge without question. It must accompany a fact of the case so closely that it establishes or proves it.
Corroboration: Independent evidence which confirms not only that the offence was committed, but that the accused committed it. In other words, if the main evidence, we should look for some other source of evidence which “supports” or “corroborates” the original statement.
Actus rea: The ability to prove that an actual Criminal Act was committed by a particular person.
Mens rea: The intent or state of mind of the accused person. In many cases part of the prosecution’s case will be to establish or prove the mental attitude of the accused.
Hearsay Evidence: Anything a witness heard another person say and which the witness repeats in court.

9.1 LEARNING OUTCOMES

At the end of this module, students are only expected to be aware of this legislation as it relates to their roles. The primary focus should be on best practices with respect to acquiring information to resolve security issues in the context of relevant legislation.

9.2 PIPEDA

Security Guards frequently deal with the collection, storage, dissemination, protection and destruction of information.

The Privacy Act & Personal Information Protection And Electronic Documents Act (PIPEDA)

PIPEDA Overview

Various Laws in Canada have been designed to protect the personal privacy of individuals they encounter.  As such, several principles related to privacy have been legislated to ensure that all persons and entities that are in a position to collect such information are doing so in a legally compliant manner.

The following principles have been applied to the Security Guard’s general duties:

  • Accountability – Individuals are accountable for the protection of personal information. For the Guard, they are responsible for the protection of personal information under their control. Guards should never release private or confidential information to anyone without prior authorization from a Supervisor or Manager, and should direct any inquiries related to confidential information to the appropriate manager.
  • Identifying Purposes – Personal information collected as part of an investigation or incident may include information pertaining to individuals involved in criminal activity, individuals suspected of involvement in criminal activity, individuals with knowledge in criminal activity, and individuals who may have information relating to the identity of those involved with or suspected of criminal activity.
  • Consent – Guards must obtain appropriate consent from an individual as required for the collection, use, or disclosure of personal information except when PIPEDA allows an exception.
  • Limiting Collection – The personal information that a Security Guard shall collect will be limited to that which is necessary for the lawful execution of their duties.
  • Limiting Use, Disclosure, and Retention – Information collected by the Guard cannot be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes, after which the information should be destroyed in a legally compliant manner.
  • Accuracy – Information collected by a Security Guard should be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
  • Safeguards – Guards must ensure that personal information is stored in secure electronic and hard copy files. Hard copy files must be stored in locked file cabinets with restricted access.
  • Openness – Guards shall make readily available to individuals specific information about their companies and client’s policies and practices relating to the management of personal information.
  • Individual Access – Upon request, an individual must be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. If such disclosure does not defeat the purposes for which the information was collected, the Guard must, upon request by an individual, advise the individual whether we have personal information concerning him or her, what that information is, what it is being used for, and identify any persons or entities that have access to this information. Some lawful exceptions include:
  • Personal information about another individual might be revealed or commercially confidential information might be revealed
  • The information is protected under the Solicitor/Client privilege
  • Challenging Compliance – An individual shall be able to address a challenge concerning compliance with the laws related to privacy to the designated individual or individuals accountable for the organization’s privacy compliance. Guards must be aware of who these people are and how to provide the most efficient contact information to the individual making the challenge.

10.1 LEARNING OUTCOMES

Your ability to successfully perform the responsibilities of a security guard depends, in part, on your communication skills. Working with the public and gaining their cooperation will require you to develop effective verbal and non-verbal communication strategies and subsequently adapt them to the various situations you will encounter.

Upon completion of this module, you will be able to:

1. Describe effective verbal and non-verbal communication strategies for security guards.

2. Identify and demonstrate methods of communication which are free from bias, discrimination, or harassment.

3. Identify strategies for effective verbal and non-verbal communication in situations where communication barriers exist.

4. Explain and demonstrate verbal and non-verbal communication skills when interacting with individuals who show signs of being
a. uncooperative
b. violent
c. impaired

5. Identify and develop strategies to control your personal triggers in situations of conflict or anxiety.

6. Conduct an effective interview.

10.2 COMMUNICATION SKILLS

Security guards must provide clear and concise information orally and in writing.  Sometimes this information must be gathered from sources that may be unwilling.  This means strong communication skills are critical!

Communications

Communications can be an area of strength, or serious weakness.  Since the beginning of time, humans have worked to perfect a method of communicating.  This has varied from the grunts and groans of the caveman through to the highly technical languages spoken by computers.

As a security guard you are forced to rely on the common methods of communication – verbal contact, telephone, radio, physical signals, mechanical signals and written communications.

There are some general rules applicable to all communications:

(a) Be brief;

(b) Be explicit;

(c) Be concise;

(d) Make sure you are understood;

(e) Do not be antagonistic.

 

Verbal Communication

To carry on a good conversation, or to express oneself properly, it is imperative to have an adequate vocabulary. Your vocabulary requirements will of course vary dependent upon the job you are doing. It is a good idea to use the same kind of language the people around you use to better communicate with them. However, you must still maintain your normal vocabulary to enable you to converse and be clearly understood by visitors to the project.

 

As well as the general rules of communicating (above), the following should be observed:

Person to Person:

(a) Look at the person you are communicating with;

(b) Smile and be courteous;

(c) Do not use expressions if you are not certain of their meaning;

(d) Do not try to impress by using words and phrases the other person does not understand.

 

How do I interview witnesses and others?

If an incident happens while you are on duty you may need to interview the people involved or any witnesses. If you practice the active listening skills listed above, most people will be comfortable sharing information with you.

Remember to get permission before you attempt to interview someone.

Here are some other things you should do:

  • Find a quiet spot where you will not be bothered, but remember your duties and responsibilities to the site. Whenever possible, you should have a qualified person take over for you while you go off to talk;
  • Face the person squarely and at their level. If they are sitting, you should also be sitting;
  • Keep focused on the person’s words. Don’t be thinking about your next question while the person is still talking. Don’t focus on some part of the person’s appearance. If you find your attention drifting, bring it back;
  • If the person starts talking about something else, gently bring them back to talking about the incident. Remind them that you need to get the facts;
  • Take detailed notes. Ask the person to slow down if they are talking too fast. Repeat key information to make sure it is correct. You should always tell the person at the beginning of the conversation that you are going to take notes and how important those notes are to your investigation. If the person objects, you will have to make your notes as soon as possible after the interview while things are still fresh in your mind;
  • Get contact information, if possible, in case you need further information or someone else, such as the police, needs to talk to that witness;
  • Keep all information that you get confidential. Explain that you will only share information with the people who must have it;
  • Don’t make promises that you cannot keep. For example, “I will protect your identity,” or “If you cooperate, it will go easier on you”;
  • Respect a person’s rights. You cannot force someone to help. Rights may vary, such as for children.

 

Are there certain questions I should use?

An important part of interviewing someone is to know what kinds of questions to ask and when to ask them. Questions can be divided into two groups: open-ended questions and closed-ended questions.

Open-ended questions invite the speaker to tell a story. They are most effective at the beginning of an interview or when you want general information. They could include: “Can you tell me what happened?”, “What did you see?”, “How did that make you feel?”, “What did you do next?”

Closed-ended questions are used when you want specific information. They are usually answered with “yes” or “no” or short answers. They are useful to help you check information. They could include: “Were there any other witnesses?”, “What time did this happen?”, “Where were you standing?”. Avoid “leading” questions that actually state your opinion. For example, “Why would you do something like that?”, “Don’t you think you should have walked away?”.

Ask one question at a time. Give the person time to answer before asking the next question. If you ask more than one question at a time, the person could become confused because they won’t know which question to answer first. If you think of another question while someone is talking, write it down. You can ask it when the person finishes talking

 

Telephones:

(a) Answer the telephone courteously, giving the name of the employer, the department in which you are working and your name. e.g. “Good evening, ABC Company,

Security Office, Smith speaking”;

(b) Be brief but polite, avoid abruptness;

(c) Remember thank-you and good-bye.

 

*Radio:

(a) Observe all the general rules for communicating;

(b) Use the proper form of operation as directed by the client.

* Radio operations are covered in depth in the Tactical Communications lesson.

 

Communicating with the media

Communicating with the media is a delicate situation. A lot of specific and confidential company information must be kept from them due to potential liability and the privacy of information. Post orders will indicate who is the Public Relations Officer for the company. This will then be the only individual authorized to give interviews or press releases to the media. We must remember that the information passed on to the media will be interpreted by them and then broadcast to the public. Therefore, it is very important that only the Public Relations Officer make any statements. Security Guards will not normally give statements to the media but they may have dealings with them. Here are some guidelines to assist Security Guards who have contact with the media:

(a) Refer the media representatives to the proper Public Relations Officer as detailed in Post Orders or refer them to the security company management;

(b) Do not make any statements or give your personal views of the situation;

(c) Do not make any off-hand remarks or “off the record” statements that the media can hear as they will interpret them to suit their needs.

 

Special needs members of the public

From time to time, a Security Guard will encounter a situation involving a person with special needs. Blind and visually impaired persons, those with hearing difficulties, and persons with other physical, mental, and emotional difficulties add significant challenges to anyone having to deal with members of the public. Following are some general guidelines that may help security personnel in meeting those challenges. In many cases, these tips describe the common sense approach to dealing with a person with one, or more, of these special needs. Some, part, or all of these guidelines may be used, depending upon what is appropriate in the circumstances. Remember that each person you encounter has a unique personality and will react in a unique way to your actions.

 

Tips for communicating with the hard of hearing

Get the person’s attention before speaking. If you know it, use the person’s name before you start talking to make sure that you have his/her undivided attention. Tap on the person’s shoulder in order to make eye contact if necessary.

Face the person while speaking. Make sure that you are in the same room and positioned close to the person so he/she can hear and lip-read more easily. Make sure that your face is not in shadow and keep your hands away from your face. Don’t put anything in your mouth while speaking, and do not chew gum while trying to communicate.

 Speak slowly, clearly, and concisely. Speak at normal volume or perhaps slightly louder. Do not shout, as it distorts words and makes it even more difficult to understand. Be sure to enunciate each word clearly and correctly, but do not exaggerate lip movements. We generally tend to talk rapidly, which makes it difficult for a hearing impaired person to follow. By simply slowing down your rate of speech, you will be better understood. Use body language and gestures to help the person understand what you are saying. Don’t distort your face or lip movements.

Rephrase your sentence if the person did not understand. Use simple and familiar phrases. Do not continually repeat the same words over and over again – instead, try to say the same thing using different words. Some words are harder to hear and to lip-read. Use short sentences, as they are easier to follow.

Be aware of noisy environments. If there is a great deal of background noise, whether it be people, music, or machinery, try to move to a quieter location so that you can be heard with less difficulty.

 

Tips for communicating with the blind and visually impaired

Legal blindness. The term “legal blindness” does not necessarily mean a total absence of sight. According to the Canadian National Institute for the Blind, only about ten percent of their clients are totally blind. The range of vision each individual possesses can vary from a complete absence of vision to the ability to perceive some difference between light and dark to being able to read large print with the assistance of a magnifier. A person is generally considered to be “legally blind” when they can see an object at only twenty feet that a person with regular vision can see at two hundred.

Making contact with a blind person. When approaching a blind person, greet them in a normal tone of voice. Use their name, if you know it. Identify yourself, and then inquire if your assistance is desired. If so, touch your hand to the back of their hand as a signal for them to take your arm. Identify anyone else who joins in the conversation.

Helping to cross a street. Avoid pulling the person by the hand or tugging at their sleeves. It is awkward and confusing. Simply offer your assistance and they will tell you the best way to guide them. Let them know when you are approaching a curb or other obstruction and whether you will be stepping up or down.

Describe the surroundings. Depending upon the circumstances, it may be beneficial to describe the surroundings to blind or visually impaired persons. For example, you can describe the layout of a room – whether it is square or rectangular, wide or narrow, how many tables or chairs it contains, and how they are arranged. Remember to give directions clearly and accurately. Pointing or using phrases such as “over there” will be of no assistance.

Doors and stairways. Tell the blind person when he or she is approaching a doorway, and describe the direction the door moves (left to right; into the room or out of it). When encountering stairways, alert the person in advance that you are approaching a stair, and tell them which direction the stairs go (up or down). If you are the person providing guidance, always approach the stairs squarely; never approach them at an angle. Stop before ascending or descending the stairs. Allow the person to take hold of the handrail (if one is available) and let them find the edge of the first step with their foot. The person will step up or down one step at a time, in rhythm with your movements (although you should be one step ahead). Stop at the end of the stairs and let the person know that he or she has reached the end of the stairway.

Irregular terrain or danger zones. When approaching any irregularities in terrain, alert the person in advance that something is about to change. You should be prepared to caution the person about things a sighted person takes for granted, such as the transition from concrete to grass or gravel, icy or slippery surfaces, pools of water, and so on. If you are aware of any additional danger areas that the person may have access to, advise them as soon as possible. Keep aisles and walkways clear of obstructions if possible. Warn the person of the obstruction if it is not clear.

Taking a seat. To help a blind person to his or her seat, place your hand on the back of the chair and allow the person to slide their hand down your arm until it makes contact with the back of the chair. After establishing where the seat is, they will sit down normally.

Guide dogs. Blind or visually impaired persons may not require physical assistance, and may choose to follow a guide or simply receive verbal directions, especially if they have a guide dog. If he or she has a guide dog, and also requests a guide, the person will drop the dog’s harness, maintaining leash control with one hand while leaving the other hand free to grip the guide’s arm. Never talk to, feed, pet, or encourage a guide dog to play while it is in a harness, unless you receive permission from its owner. The guide dog is working and could be distracted by your actions.

Leaving. If guiding, let the blind or visually impaired person know that you are about to leave. If possible, ensure that the person is left in contact with a tangible object, such as a wall, or a table or chair. This will eliminate the uncomfortable feeling of standing alone in an open space and not having a reference point.

 

Tips for assisting someone in a wheelchair

Offering assistance. Do not push a person’s wheelchair without asking first. Offer assistance if you feel it is required, as you would for anyone else. The person in the wheelchair may or may not require your assistance. Advise the person of difficult terrain or danger zones in the area he or she will be accessing.

Communication issues. If you speak with a person in a wheelchair for any length of time, make arrangements to sit so you can communicate at eye level. If the person gets out of the wheelchair to take a regular seat, do not move the wheelchair out of their reach, unless asked to do so.

 

Facts about mental illness

  • Mental illness is a significant health problem in Canada;
  • An estimated 20% of the population suffers from some form of mental illness.

 

Recognizing people who suffer from mental illness

The range of behaviours you might observe in a person that indicate the presence of mental illness is very broad. But some things you might observe are:

  • Inappropriate or rapid changes in behaviour pattern – quiet person becomes talkative, when circumstances do not warrant it;
  • Evidence of a loss of touch with reality – cannot recall time, date or even who he or she is, confusion, talking nonsense, suspiciousness, hiding;
  • Loss of memory – unable to recall events of a few days ago, but has vivid recall of things from childhood;
  • Delusional beliefs – such as the government is spying on him or her, he or she has cement in their stomach, their heart has stopped, he or she is a famous (living or dead, fictional or real) person such as a prosperous executive, artist, secret agent, scientist;
  • Preoccupation, a fixed idea, not necessarily false, that takes on exaggerated importance and an inordinate amount of thought and conversation time;
  • Holds one-sided conversations, especially in public places;
  • Hallucinations – sees, hears, feels, smells or tastes things that are not there, such as voices from outer space, from woodwork;
  • Fearful, suspicious behaviour, pacing, restlessness; or
  • Social withdrawal, depression, apathy, lack of motivation, lack of interest, lack of energy, crying.

In terms of symptoms, the person who presents the greatest risk for violence towards others is the person who is paranoid. His or her aggression, however, is motivated out of a desire to protect himself or herself from a perceived threat.

 

Serious mental illness versus emotional issues

The symptoms of mental illness help to distinguish one type of disorder from another, but these symptoms vary widely in both kind and degree, and to a greater extent than the symptoms of physical illness. Because of this, it is sometimes difficult to tell whether or not a person is actually mentally ill.

In general, mental illness can be separated into two categories, serious mental illness (sometimes called chronic or long-term mental illness), and emotional problems (sometimes called neurotic disorders).

Serious mental illnesses include:

  • Schizophrenia;
  • Manic depressive illness (bi-polar); and
  • Depression.

 

In serious mental illness, the chemistry of the brain plays an important causal role. Schizophrenia, in particular, is now described as a genetic, biological brain disorder. Persons with depression or manic depression are known to have particular imbalances of the chemicals in the brain, and have most likely been born with a predisposition for these illnesses. This is why psychotropic drugs are used, along with psychotherapy, in treating these disorders, to restore the balance of chemicals in the brain.

An easy comparison is to diabetes, where a person is born with a predisposition to the disease. In some cases, healthy lifestyles, proper eating habits and the ability to manage stress will present or at least delay the onset of the illness. But once diabetes is diagnosed, regular medication, most likely insulin, will keep the person’s body chemistry in balance, and keep them symptom free. But it is a life-long problem that must be carefully monitored and attended to.

Serious mental illnesses work in a similar way. A person may be born with a predisposition for schizophrenia, manic depression or depression, but leading a healthy life, having good family supports and developing the ability to manage stress effectively may prevent or at least delay the onset of symptoms. But if symptoms develop and a diagnosis is made, like diabetes, regular medication is a big part of the solution.

Other mental health problems, (emotional problems) are the result of situations that temporarily affect a person’s ability to maintain their emotional balance, so to speak. Every person reacts differently to stress. While one person may become depressed and withdrawn, another person may become anxious and worried. These reactions may stem from situational problems like going through a divorce or other relationship problems, from past abuse, from losing a loved one, loss of a job, or a wide variety of other events people encounter in their lives. Many times, it is a life transition that is causing stress, like going from high school or university to the work world, or from the work world to retirement. But how each person reacts to these events is highly individual. Some of the emotional problems people may develop include situational depression, anxiety, phobias, psychosomatic illnesses, compulsions and obsessions, eating disorders, gambling problems, and alcohol or drug abuse.

Each of these is a different way individuals express or cope with the stressors in their lives, or from the past. When a person reaches a point that the above stressors are seriously affecting his or her life, it is sometimes referred to as a “nervous breakdown”. This is not a medical term that would be used by physicians or mental health workers, but it is used by the public in reference to a person who has become unable to deal with ordinary life, and may need to be hospitalized for their mental health problems. Unfortunately, for some people in this circumstance, family, friends and the community apply the label of “mentally ill”, and as such, the individual is feared or avoided.

Mental illness is not contagious, and the great majority of persons with either serious mental illness or other emotional problems are not violent in any way. These individuals are more likely to be harmed by others, or to harm themselves, than they are to harm anyone else. Suicide is a serious issue and is a leading cause of death for persons experiencing mental health problems, and particularly, among young aboriginal males. This devastating loss of life and potential is often referred to as, “a permanent solution to a temporary problem”.

 

Serious mental illnesses

Schizophrenia (literally “split mind”) – is confused with a split or dual personality. It is important to make this distinction. Schizophrenia is a biological brain disorder that is, in most cases, genetic (inherited). Symptoms usually appear in the late adolescence or early adulthood, and extreme mental stress will often trigger the onset of symptoms. Schizophrenia is a life-long illness, but acute attacks tend to come and go, and usually occur at times of emotional upheaval or personal loss. During those times when symptoms are under control, a person with schizophrenia is able to lead a healthy, productive life. Some people develop schizophrenia later in life, but this in not typical. It occurs in all races, cultures, and both men and women.

 

The symptoms of schizophrenia are divided into two categories, positive symptoms and negative symptoms. Positive symptoms include the hallucinations and delusional thinking mentioned above. Paranoia and irrational thinking is common. Negative symptoms are those that make day to day living a struggle and include social withdrawal, fatigue, apathy, lack of motivation, difficulty feeling emotion and a general slowing of thoughts and movements. People may mistake these symptoms as laziness, but for the person with schizophrenia, this is a part of the illness, and one aspect that is difficult to correct with medication. While many psychotropic medications effectively control the positive symptoms, only a few of them have any effect on the negative symptoms that can be very debilitating. Remember that most people with schizophrenia have adjusted to the illness and are living productive lives in the community. Much remains to be done, however, to improve the services and increase public awareness of the plight faced by these individuals, their families, and friends.

 

Manic-Depression. We all have changes in our moods that shift from moderate liveliness to moderate lethargy, depending largely on circumstances. A person who has the disorder called manic depressive illness has extreme mood swings that are not related to external events. Manic-depressive illness tends to be cyclical, with periods of elation and over-activity (mania), irregularly alternating with deep, profound depression. Periods of normality, sandwiched between these extremes, may last a short time or for several years. As mentioned previously, medication is a large part of the treatment of this brain chemical imbalance. A person with manic depressive illness will be on mood-stabilizing medication for his or her entire life. Difficulties arise when the person, feeling he or she no longer needs the medication because they feel “normal” decides to go off the medication, leading to a relapse.

 

Depression. Most people feel depressed occasionally. Depression is considered serious, however, when the depressed feelings persist, deepen, and eventually interfere with a person’s ability to function normally in his or her everyday life. At least 15 percent of the population will experience at least one period of depression severe enough to require medical help, though the symptoms may not be specifically identified as a depressive illness. Some types of depression tend to run in families. Depression can strike at any age, even in children. In children, depression will more likely express itself in conduct disorders or aggression. In the elderly, depression may be confused with dementia, as the most obvious symptoms may be confusion or difficulty concentrating. Often depression goes untreated in the elderly when it is considered a ‘normal’ part of ageing, rather than a treatable illness. But in any case, depression that is severe or persistent, needs to be treated.

 

Some final points to remember:

  • Strange behaviour is a part of the disorder. Don’t take it personally. No one is to blame;
  • People with mental illnesses are more likely to be harmed by others, or to harm themselves, than they are to harm anyone else;
  • You may need to ask the person if they are thinking of hurting themselves. Take all suicide threats seriously;
  • Try to warn back-up not to use flashing lights and horns, unless necessary;
  • You have a right to assure your personal safety. Trust your feelings and don’t take any unnecessary risks.

 

Those with physical problems that affect behaviour

Some people you meet will be physically sick, but it may seem like they are drunk or mentally ill. Here are some examples of physical problems:

  • diabetes – someone who is going into diabetic shock may stagger around or pass out in a coma;
  • severe infections, the flu, pneumonia – may cause dizziness, confusion, forgetfulness;
  • concussion or brain injury – may cause confusion, memory loss, aggression.

 

What you do when you meet these people may save their lives. Here are some things to keep in mind:

  • Never assume you know what someone’s problem is just by what you see;
  • Introduce yourself and ask how you can help;
  • Try to get more information by calmly questioning the person or witnesses;
  • Look for a Medical Alert bracelet or necklace – they contain important information about over 200 different ailments, from allergies to heart disease;
  • If the person is conscious, always ask permission before you touch them, and explain what you are doing;
  • If a person is not breathing, begin CPR if you are comfortable doing so, and if you have been trained. Make sure an ambulance is on the way before you try to help.

 

One of the risks of untreated serious depression is suicide

The last resort for someone who finds life unbearable can be suicide. In exceedingly rare cases a severely depressed person will feel forced to kill others as well as themselves, to spare them the agony of being alive. Some common myths about depression persist, and include:

Myth People who talk about suicide won’t commit it.

Fact About 80% of those who kill themselves have given warnings. Take all threats seriously.

Myth Suicide happens without warning.

Fact Many suicidal persons give warnings and clues beforehand.

Myth Suicidal people are fully intent on dying.

Fact Most attempted suicides are undecided about living or dying.

Myth All suicidal persons are insane.

Fact Studies of hundreds of suicide notes indicate that the suicidal person, in most cases, is extremely upset and not insane.

 

Other emotional problems that may require treatment

Anxiety. For most people, anxiety is a temporary reaction to stress. It becomes an illness only when it persists and prevents you from leading a normal life. Anxiety can be caused by severe stress, but in anxiety-prone people only slight stress or none at all, may be involved. People who have “free-floating” anxiety live in a constant state of apparently causeless anxiety.

 

Phobias. A phobia is an irrational fear of a specific object or situation.  For instance, you may dread the sight or touch of a spider (arachnophobia), or you may have a morbid fear of heights (acrophobia). Such fears do not usually prevent a person from leading a normal life; they just simply avoid spiders or high places. Fear of confined spaces (claustrophobia) is more of a problem, since it may make you unable to use cars, trains and elevators. But most claustrophobic people manage to overcome their fears.

Some phobias, however, may make normal life virtually impossible. A common example is agoraphobia, which is generally defined as fear of open spaces. For agoraphobic people an open space may be not just a park or field but anywhere outside their own home. The phobia may also involve extreme shyness, a fear of society that is closely associated with the withdrawal symptoms of depression. If a person suffers from agoraphobia or any other phobia, the need to face whatever it is they fear can bring on the symptoms of anxiety including anxiety attacks.

 

Psychosomatic Illness. Almost every physical disorder has some connection with emotional factors. A psychosomatic disease, sometimes called a psychogenic disease, is one in which emotional factors are not merely present, but are dominant. You know from experience that your state of mind affects your body. For instance, your heart beats faster when you are excited or frightened, a stomach-ache often follows an emotional scene, fear can make you sweat, and so on. These are simple examples of the interaction of the body with the mind under stress. This appears to be the case, for example, in many skin disorders, migraine, some types of asthma, and some gastro-intestinal disorders.

The term “psychosomatic” should not be used in a derogatory sense, with the suggestion that psychosomatic illnesses are imaginary. They are not. They are real physical conditions and the symptoms/pain experienced by the person is real. There is much to be learned about psychosomatic illnesses. It may be that emotional stress is a final factor or “last straw” in precipitating health problems in people who have some genetic predisposition to a disease already. Significantly, a tendency to develop disorders such as asthma, eczema, irritable colon, or migraine under stress seems to run in families.

Compulsions and Obsessions. A compulsion is an unreasonable need to behave in a certain way. An obsession is an idea or thought that lodges in the mind and cannot be forgotten. Obsessive mental activity often leads to compulsive behaviour. At one time or another most people have minor obsessions and compulsions. On a certain day, for example, you cannot get a poplar tune out of your head. You are obsessed with it.

Or you may irrationally feel compelled to walk to work every day on the same side of the street. Obsessions and compulsive actions become disorders only when they are so intense and persistent that they interfere with normal life.

Psychopathy. A psychopathic person is by nature incapable of accepting the restraints that are normally imposed by the outside world.  Psychopaths tend to be irresponsible, unable to hold down jobs, and incapable of having satisfactory relationships. Psychopathy might be described as a long-term mental illness that may or may not become a problem for the person and/or society. Some psychopaths achieve material or creative success in spite of their personality disorder. Most, however, are inadequate people who merely drift along through all or virtually all aspects of life and are almost constantly unhappy. A fair number of psychopaths become violent when they are frustrated, or habitually break the rules that create and maintain social order. Such psychopaths spend much of their lives in prison or under care.

As yet, no way of altering the psychopathic personality has been discovered. It is possible to treat the disorders to which psychopaths are susceptible, such as extreme depression, alcoholism and drug addiction. But the basic personality remains the same. Psychopaths have a unique kind of mental disorder, and because of their frequent forays into unlawfulness, you are bound to meet a good number of them. They are clever and may lie expertly. They may cheat, murder or steal due to the fact they often have a total disregard for social rules.

Doctors who are experts in the field of psychology do not know exactly what causes people to become psychopaths, but believe that it is due to things that may have happened to them when they were very young. However, some people who are extremely antisocial when young become more emotionally mature in middle age. Neither the courts nor the hospitals have found the best answer for handling this baffling mental disorder. Punishment does no good. As a matter of fact, it often makes such a person worse; therefore, no effective control suggestions can be put forward to assist you, except “Seek Medical Aid”.

 

Cases of physical illness with behavioural symptoms

Some people you will encounter are physically sick and yet act as though they are drunk or mentally ill. What you do may mean life or death to such individuals.

What are some of these conditions that may be mistaken? Diabetes is one, where a person may pass out in a coma or, if less sick, wander around deranged and confused.

Severe infections, the flu, pneumonia, and many other conditions can cause dizziness, confusion, short tempers and periods of forgetfulness. A person who has a brain injury, including concussion, may appear confused, irrational, have memory loss or amnesia, or be quite agitated and violent.

 

Medical identification

The Canadian Medic Alert Foundation issues, on request, bracelets or medallions and cards for over 200 different ailments from allergies to heart disease. The bracelet is normally worn on the left wrist and the following information will be found on the reverse side:

Medic Alert Foundation telephone #209-634-4917 (doctors or hospitals may phone for all medical information).  This is a collect phone number.

  • Individual’s ailment/allergy
  • Blood group
  • Individual’s home phone number

 

Here are some things to keep in mind:

  • Show patience and respect;
  • Think about what you want to say before you speak;
  • Speak loudly enough for them to hear you, but don’t yell;
  • Speak slowly. You may need to ask them to speak more slowly also;
  • Use short sentences. Avoid difficult words or slang expressions like “stay put” or “hang in there” etc.;
  • Ask them only one question at a time;
  • Respect their personal space;
  • Use gestures, writing and drawing to add to your words;
  • Check for understanding. Ask them to repeat what you said. Don’t pretend you understand them if you don’t. Ask questions if necessary;
  • Smile;
  • Use friendly body language.

11.1 LEARNING OUTCOMES

Security Guards may be required to interact with diverse groups of individuals on a regular basis.  At the end of this module, you should be able to understand the concept of respect for differences, identifying potential issues that may arise when dealing with a variety of people (e.g. communication difficulties, misinterpretation of gestures) and how to approach individuals in a way that minimizes miscommunication.

A good way to think about these issues is by:

  1. Recognizing one’s own biases and describing how these can influence situations
  2. Recognizing the impact of mental, physical, cultural and sexual differences on situational dynamics

11.2 CONSIDERATION OF OTHERS

As Security Professionals, a Guard will encounter people from many different walks of life when working on a site. It is important for the Guard to understand that each individual may have a special need depending on their culture, country of origin, religion, or may have a personal opinion regarding a sensitive issue. Guards must always appear to be unbiased when enforcing the rules and regulations as the appearance of bias could jeopardize the integrity of the situation, escalate a situation into a violent one, or create a negative impression of the client they are representing. The Guard is in a unique position of authority when dealing with situations. Making prejudicial views or other related inappropriate behavior can cause significant problems for other persons.

Human Rights And Diversity

Canada is a country that prides itself on its diverse and multicultural society. A good portion of the population in Canada is made up of people from various countries that have come to Canada to seek a better life. Diversity in the population in Canada presents a variety of different barriers that can hinder the Security Guard in performing their duties. The largest obstacle that the Security Guard will have to face with the diverse population of Canada is the language barrier. Spoken word is the most utilized form of communication throughout the world. Written words can be translated easily, when required. Spoken word, however, can be difficult to translate while the Security Guard is on site. In the course of performing his/her duties the Security Guard will encounter a broad range of individuals, all of whom will have varying degrees of fluency with one or both of Canada’s official languages. Some Canadians speak little or no English or French. The Security Guard must take into consideration the fact that these individuals are trying to communicate the best way that they can. Extra consideration and patience should be given to these individuals.

The Security Guard must do everything in their power to assist the individual the best way that they can. This can include getting the assistance of people around you, or getting help in translation from the people accompanying the individual. Diagrams can also help the Security Guard if they know that the person is asking for directions.

Providing Assistance To Young People

Security personnel often come in contact with young persons, ranging from infants to young adults. Despite the age range it is important to recognize that everyone is entitled to the same level of respect and consideration. In some cases, this will require patience and understanding.

It is common for very young children to be confused about the role of the Security Guard in society. To a child a Security Guard may be indistinguishable from a police officer. Depending on how the child was raised, the child’s reaction to the Security Guard may range from respect to fear.

It is important that the Security Guard attempt to reassure a child that he/she should not fear the guard. By appearing open and friendly, the Security Guard may reduce any fears the child has. Guards should avoid “towering” over children because sometimes the differences in height cause the child to be intimidated or afraid of the guard. A Security Guard could easily “crouch down” or kneel when speaking with very young children.

Older youths (12 – 18 years) are usually more aware of the differences between the role of a Security Guard and a police officer. At times, the youth may try to test the Security Guard’s authority. It is important to remember that as a professional, a Security Guard should be aware at all times of the range of their authority, and not be encouraged into over-stepping their authority in order to deal with youth who wish to test them. It is also important for the Security Guard to remember that youth in this age range are entitled to all the protections afforded any person under the Charter of Rights and Freedoms.

However, not every older youth is out to cause trouble and therefore should not be treated as though they were. Whenever dealing with older youth or young people, the Security Guard must be firm but fair. Youth may attempt to bargain with the Security Guard if the Guard allows them to, and forget the infraction. This is a contradiction of the duties that have been assigned, as well as the guidelines of the law. The young person should understand that you are there to perform a duty and it is your responsibility to see that the duty is performed responsibly, properly, and thoroughly.

Young people can be very confrontational and defensive with respect to authority in general, and especially with Security Guards. This should definitely be taken into consideration when the Security Guard is dealing with a young person. Just because the Security Guard has been placed in a position of authority does not give the Guard the right to deal with young people in a different way than they would deal with an adult. Young people deserve the same respect that adults do, and this should be reflected in the Guard’s dealings with this demographic.

Young people may have a bad habit of belittling a Security Guard by calling the Guard a variety of derogatory names. This does not give the Security Guard the authority to arrest or detain the individual responsible. If the Security Guard is in a position where they have to deal with those kinds of comments, the Guard should approach the individuals and ask them to stop, as those comments are not warranted. If the individuals persist in calling the Guard names, then the next step is to ask them to leave the property. The Security Guard must also inform the individuals that they are on private property and if they do not leave, then they are considered trespassing and the Guard will have every legal right to arrest them for trespassing and call the police. The Guard should also inform the individuals that if the police are called, then they will be forcefully removed from the premises and possibly charged with trespassing. In these instances, the Guard should verbally warn the individuals that they are banned from the site, and if at all possible the Guard should fill out a Trespass Notice. The Trespass Notice might not be possible to put into effect since the Guard has to fill out such a notice, and the respondent will not usually be cooperative and may refuse to provide the information necessary to complete the Trespass Notice.

All young people that the Security Guard comes into contact with must be treated with respect. They have as much right to be at the site as anyone else. If the Security Guard believes that the young people could be suspicious, they should be observed and followed out of the site, the same way as the Guard would deal with any person who seems suspicious.

It is also very important for a Security Guard to recognize that he/she would be considered a “person in authority” by the courts especially when dealing with young persons. Therefore even if consent was given by the young person for the Security Guard to do something, the argument in court would be whether the young person felt forced or obliged to consent to the behaviour.

Occasionally the Security Guard and the youth are close in age. It is always possible that one, or both, may be romantically attracted to the other. Should this occur, the Security Guard must be aware that his/her actions may be seen as inappropriate given the possibility that the other person (or people reviewing the actions of the guard) see the guard as a “person in authority”. The actions of the guard in either initiating or pursuing a relationship may be interpreted by those reviewing the actions of the guard as using his/her authority for sexual purposes. This determination, whether true or not, only jeopardizes the guard’s and company’s reputation.

Communicating With The Public – Statements To The Media

Your employer and the client will establish guidelines for when and how you are to communicate with the public. As a Security Guard, you are acting as an agent of the property owner and as such, have no obligation and no right to release any information to the press or the public unless it is information that would normally be required for the safety of the people on site. Read the post orders on site when you arrive for any specific guidelines on the policies for the release of information. In situations where you are unsure of how your employer’s instructions would apply, call your supervisor.  When in doubt, it is usually safer to choose to say nothing rather than the wrong information. If you are pressed, politely state your inability to comment and refer the person requiring the information to management, or even better, the designated public relations or media contact.

 

Harassment And Discrimination

Harassment is a serious matter. It can be grounds for a criminal charge. Therefore Security Guards must resist the temptation to make any comments or jokes that might be taken as sexual harassment or discrimination. Women and men are equally capable of carrying out the duties of their jobs and should be treated as such. When dealing with either a team member or a suspect of the opposite gender, remember to respect their position as a person above all. Sometimes people make assumptions based on whether the suspect is male or female. This is not only wrong, it is discrimination.

Women may resort to violence and there are times when men are not the aggressor. Nevertheless, male violence towards women occurs at a higher rate. If you are placed in a situation where you have to deal with violence between two people in any combination of genders, carefully consider the situation before attempting to draw your own conclusions and treat both the injured party and the aggressor with equal respect. It is unacceptable to make comments of a sexual nature to your own co-workers regardless of their gender. Fraternizing between Security Guards is also not permitted.

Under the Canadian Charter of Rights and Freedoms every Canadian has a right to expect to be treated with equal respect. Remarks directed to a person’s race, gender, sexual orientation, or religious identity are completely unacceptable in the workplace and have no place in your notes except as identifying characteristics. You may, for instance, say a suspect is female and appears to be of Asian descent, but you may not say someone looks gay or is obviously a bad driver based on their race or gender. Likewise, it is unacceptable to make comments about sex, racial biases, or religion to your co-workers. Canada does not support bigotry in any form. As Canadians, we consider our multiethnic and multiracial identity to be one of the defining strengths of our nation.

Culture and/or religious differences often create misunderstandings between individuals. In some Asian and African cultures it is not considered polite to make eye contact, especially with authority figures. Other cultures may prohibit open discussion between males and females. Some religions require specific modes of dress or behavior on particular days. It is unrealistic for you to assume an awareness of all the many cultural, religious, and linguistic variations that colour Canadian society, therefore the Guard must be willing to offer respect to all individuals you encounter on your patrols, regardless of how foreign their language or behavior may seem to be. In Canada, most people will try to speak either French or English. If you encounter individuals who are not capable of communicating in either official language, look for help. They may have a friend or family member nearby who can translate for you or there may be someone working on the site with knowledge of their language. If you do your best and if you do it respectfully, you are unlikely to go wrong.

 

Avoid Hot Topics

Guards should never discuss religious or political views while working

Such topics are controversial, and many persons have very intensely focused viewpoints on the subjects. When dealing with the public, it is imperative that we never take any sides. As Guards, our work is best done when situations are approached and documented in a non-biased manner. A member of the public’s views can change dramatically when something that they hold in high importance is challenged.

Guards should never use discriminating language while interacting with people

Discriminatory behavior is inappropriate in any situation, however when this language is used by a Security Professional, it becomes dangerous. Derogatory and discriminating comments will only cause frustration and anger, creating animosity and conflict between the parties involved, and will almost certainly escalate the situation. By using this type of language, we are essentially provoking the conflict. Should the situation turn to violence, the Guard in this case would not be able to use the defence of self-preservation to justify his or her actions.

Furthermore, the majority of people possess cameras, video recorders, smartphones, or other electronic devices capable of recording audio and video that can be used to document the behavior of anyone. Some of these devices are contained within portable communication devices, toys, and other pieces of technology which are carried by many people all the time. It is likely that any kind of public display of inappropriate behavior could easily find its way to a media source, and can cause a great deal of bad publicity for the Guard, the Company, and their Clients.

Guards should never single out any person based on appearance

As a Guard, we are only concerned with actions and issues that present a risk factor to the integrity of our sites. Some criminal perpetrators will also change their appearance to appear less conspicuous or suspicious to Security personnel. By focusing on factors such as skin colour, mode of dress, religion, or sexual orientation to name a few, we are limiting our ability to properly protect our site because we will be providing the opportunity to act improperly to everyone else.

Consequences

All Guards must be aware that their actions have consequences. They are given the authority to enforce the laws and rules of and on their assigned sites, and must never be motivated by any other factor than the administration of the law. There are many consequences to such actions if they are exhibited by the Guard, including:

1.    Criminal Charges – In cases where the Guard inappropriately directs legal actions against another person or commits an offence motivated by racial and cultural factors, they are culpable under the appropriate sections of the Criminal Code of Canada.

2.    Provincial Offences Notices – Fines of up to $25,000.00 can be issued to the Guard under the Private Security and Investigative Services Act’s Code of Conduct.

3.    Internal Disciplinary Actions – Ranging from removal from site to termination of employment.

12.1 LEARNING OUTCOMES

At the end of this module, students should be able to reasonably explain and identify:

1.) The difference and authorities of a Peace Officer and a Private Security Guard.

2.) Section 25 of the Canadian Criminal Code.

3.) Reasonable Grounds.

4.) Section 26 of the Canadian Criminal Code.

5.) Section 27 of the Canadian Criminal Code.

6.) Define I.M.O.

7.) The National Use of Force Framework.

8.) Positional Asphyxia and Excited Delirium.

9.) De-escalation Techniques

12.2 USE OF FORCE TRAINING

Use of Force by Security Guards

During the duties assigned to a Security Guard, he or she must be able to assess whether the application of force is necessary. The intent of this section is to present some of the issues that a responsible security guard will consider in determining if the application of force is required, and if required, what degree of force is necessary.

 

Security Guards and Peace Officers

The differences between Peace Officers and Security Guards are numerous, but none more critical than when assessing the need for the use of force. There is a big difference between the force that can be exercised by a Security Guard and that which can be applied by the Police. Police are often given extra powers when protecting the public from imminent danger. Security personnel, while they are enforcing the same or similar laws, are limited in their application of force because their duties do not require them to endanger their own safety for the greater good.

Many people believe that Security Guards are hired for the same reasons as police: to deal with criminal perpetrators. In actual fact, the most common reason a Security Guard is hired today is not due to the expectation of criminal activities, but rather to remain compliant with insurance conditions. For example, if a client is having a large scale event with 500 people in attendance, then their insurance company may require one or more Guards due to the size of the group expected to attend. If there was an emergency that required evacuation, it would be very difficult to evacuate 500 people from a single structure without some level of coordination from responsible parties. The presence of a trained Guard reduces the likelihood that someone will be injured in a way that extends liability to the insured.

Security Guards must be mindful that their job does not allow them to act as Police. When a Guard oversteps his or her boundaries, it is more likely that an incident will escalate to one of violence and that force will be used. Such incidents can result in serious liability to the client, the company, and the individual Guard themselves.

 

The Law Governing the Use of Force

While under some circumstances the Criminal Code (Canada) may provide protection for a Security Guard who uses force, it also clearly holds the guard who uses too much force, or who uses force inappropriately, accountable for his or her actions. There is no carte blanche authorization that will guarantee the legal or moral protection of an individual using force on another. Instead, as we shall see, the test focuses on the reasonableness of the actions given all of the circumstances.

The logic behind this limited coverage is that with the authority to take action also comes responsibility for those actions.

Section 25 of the Criminal Code (Canada) is the general clause that protects persons who are acting with some legal authority that use force in the execution of those duties. This section holds in part:

 

Protection of Persons Acting Under Authority

 

25(1) Every one 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 peace officer or public 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.

 

This section provides protection for persons who must use force to carry out their responsibilities. This means if you have to use force to make an arrest, or to remove a trespasser, or to conduct a search, or seize articles that may lawfully be seized, you are both justified and protected as long as your actions are reasonable in the circumstances and the amount of force used is no more than is necessary to accomplish the job.

Section 25 would protect an individual from criminal liability if the “trier of fact” (a court reviewing the circumstances after the incident took place) concluded that the person using the force acted on reasonable grounds, within his or her lawful authority, and used only as much force as was necessary to carry out those duties.

 

Authorized or required by law this section means that the individual taking some action is doing so within his or her lawful authority. Generally speaking, Security Guards have fairly broad authority under the Criminal Code. For example, arresting an offender who is in the process of committing an offence is permitted under the Criminal Code, provided that certain conditions exist. Arresting individuals may be one of the duties assigned to security. The use of force to effect an arrest may be permissible, if an offence had been committed, because the reasonable person would conclude that force was necessary, and if the force used was no more than necessary.

 

Again, note the return to the “reasonable grounds” test in this section. The word “reasonable” is not defined in this portion of the Criminal Code, but case law – the way the law has been interpreted by Judges of all levels of Court since it was first introduced – creates the standard known as the “reasonable person test”. This test involves posing the question of what a mythical “reasonable” ordinary, cautious and prudent person would do in similar circumstances.

 

No more force than is necessary means the absolute bare minimum level of force that is required to perform the duty is used. The reasonable person, looking at the situation, would feel that there is a maximum level of force that can be used, given all of the circumstances at hand. Exceeding this maximum amount and using more force than is necessary is likely to result in criminal or civil liability.

 

Force, which is intended or likely to cause death or grievous bodily harm, can only be used to preserve oneself or someone else from death or grievous bodily harm. The use of deadly force on an individual fleeing the scene of the crime or escaping arrest would not be justified, for example.

 

(3) 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.

 

Anyone who uses force when it is not necessary or lawful, or who uses an excessive amount of force given all of the circumstances, may be held criminally and/or civilly responsible.

Sections 25 and 26 of the Criminal Code (Canada) must be read together. Section 26 states:

 

Excessive force

  1. Everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

 

If you use excessive force, you could be charged with assault. This section normally does not come into play in circumstances where the reasonable person could easily conclude that the force used was less than excessive. It usually comes into use in circumstances where the use of force was, to an objective bystander, clearly more than what was required, such as where a prisoner is seriously injured or killed when it was clear the task might have been accomplished with less force. However, even a small amount of force used might be enough to seriously injure or kill, depending on the circumstances. The courts also regard the matter with the crystal clear vision of hindsight. Caution should be used in the exercise of force, as the repercussions of a hasty decision may continue to haunt you for years to come.

 

Section 27 of the Criminal Code (Canada) protects a person who used force to prevent an offence where a person could be arrested without warrant and that would likely cause immediate and serious injury to a person or property.

 

Use of force to prevent commission of offence

  1. Everyone is justified in using as much force as is reasonably necessary:

(a) to prevent the commission of an offence:

(i) for which, 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 [and probable] grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

 

The Importance of Monitoring the Environment means…

When dealing with circumstances that may potentially lead to the use of force, a security guard must constantly monitor and assess the environment. Things like the body language, tone and volume of the person or persons that you are dealing with, sudden movements, and the addition (or removal) of other individuals in the immediate area may impact on whether the use of force may become necessary.

 

Perception is the first step in appropriately dealing with the situation. Once objective, rational observations of the situation have been made, a Security Guard will be able to better determine an appropriate response to the situation.

 

In the interest of avoiding the use of excessive force, it would be useful to have absolute guidelines, describing every possible situation that might potentially result in conflict, and listing the correct amount of force to be used in each situation. Unfortunately, because so many variables must be considered, such a list is not possible.

 

We can however, outline some factors that may become important in the decision to use force, and in determining how much force is necessary in the circumstances:

 

  1. Urgency. The need for immediate action may limit the ability of an individual to properly assess the situation. Training and experience are the key to recognition of possible danger and the timely, professional and appropriate response to it.

 

  1. Numbers. When a Security Guard finds him or herself facing greater numbers, the level of potential danger in the use of force rises significantly. In these circumstances, discretion may indeed be the better part of valour. By the same token, when security enjoys the advantage of greater numbers, it is harder to justify the use of force.

 

  1. Skill Comparison. When a Security Guard decides physical force is necessary to establish control, the officer must compare his/her own physical ability with the ability exhibited by the subjects. A visual assessment of the subject is essential.

Factors that contribute to the Security Guard’s assessment are:

  • Size;
  • Injury/fatigue;
  • Age;
  • Sex;
  • Physical condition;
  • Skills (when demonstrated);
  • Officer’s confidence in ability to execute a particular skill;
  • Enforcement obligation.

 

The officer will then compare his/her potential for achieving control to the subject’s potential to resist. The differences and respective advantages/disadvantages will impact on the decision, and level of force.

 

  1. Demonstrated Threat. Any response will be directly influenced by any perceived level of threat demonstrated by the subject (verbal or physical danger cues). Through the I.M.O. Method, an individual may be able to make an accurate threat assessment:

 

The acronym I.M.O. means:

 

I = INTENT

The subject indicates his/her intentions through verbal or physical acts.

 

M = MEANS

The subject affirms the intent by showing or suggesting that weapons are available to him/her.

 

O = OPPORTUNITY

The subject is in a position to carry out his/her intentions with means available to him/her.

 

  1. Special Knowledge. Access to information on specific individuals from others in the security industry and with police agencies may provide additional knowledge of a subject’s potential behaviour. This special knowledge may prompt the Security Guard to consider a specific force option based on the subject’s past history. The special knowledge gained through experience will often assist in making a preliminary threat assessment based on the type of incident to which he/she is responding.

 

  1. Situational Environment. The immediate environment of the incident may also affect the decision to use force. The Security Guard may wish to consider factors such as:
  • Confined surroundings;
  • Weather conditions;
  • Clothing;
  • Footing;
  • Innocent bystanders in the area;
  • Light conditions.

 

Excited Delirium

Excited Delirium is a medical condition by which the behaviours of individuals afflicted by it can be considered to be highly aggressive and resistant to pain. It has been linked by some to incidences of death during the application of force in an arrest situation, and can be caused by a number of factors, although stimulant drug use such as Cocaine is prevalent in some cases. When in a state of Excited Delirium, the subject can act aggressively and may not respond to normal verbal and physical tactics. Some have described a higher than average tolerance to pain, making apprehension difficult and dangerous.

 

Death can occur, in some cases, due to Positional Asphyxia, where the subject can have difficulty putting enough pressure on his/her diaphragm in order to inhale and exhale properly. It can also occur due to Compressive Asphyxia, where too much pressure is placed on the chest or abdomen of the subject, causing a disruption in respiration. This is often due to the extreme response required to subdue an individual when such a situation seems out of control. If someone is showing signs of excited delirium the chances of death are much higher. If you must hold someone down, make sure that there is no pressure on their chest. Never put someone face down, but if they end up that way get them on their left side and hold down their arm and head or, if possible, get them into a seated position as soon as possible. Get help and always monitor a restrained person.

One of the biggest issues for private security personnel is the identifying the close resemblance to symptoms of Delirium Tremens, a condition caused by alcohol abuse. This condition is frequently seen in individuals that guards deal with on a day to day basis, especially if working in central urban locations that homeless people frequent. This condition causes hallucinations, paranoia, and incoherent speech. As such, there is likelihood that a guard may misinterpret the signs and possibly exercise the incorrect level of force. In all cases, guards should be instructed to keep themselves in a safe location and work in conjunction with Police agencies when a suspected case of Excited Delirium or Delirium Tremens is witnessed.

People suffering from Excited Delirium:

  • Have great strength;
  • Do not seem to feel pain;
  • Are agitated and excitable;
  • Are aggressive – may show violence towards themselves and others;
  • Are paranoid;
  • Are very hot and perspire a lot.

You may see signs of:

  • Disorientation;
  • Hallucinations;
  • Hostility;
  • Panic;

Behaviours they may exhibit are:

  • Swearing or shouting which doesn’t seem to make any sense;
  • Removal of clothing (because of the excessive body heat);
  • Damaging of objects – especially glass;
  • Sudden quietness after frenzied activity;

 

Those experiencing Excited Delirium can seem normal until they are challenged.  If possible, do not excite, confront or agitate people who are delirious.

 

There are many possible causes for Excited Delirium. They include:

  • Drugs – for medical purposes or street drugs;
  • Schizophrenia and other mental illnesses;
  • Head trauma or brain tumors;
  • Fever;
  • High blood pressure;
  • Asthma;
  • High and low blood sugar;
  • Heart disease;

 

Use of Force Objectives

A number of Use of Force Guidelines have been developed to assist law enforcement and security practitioners with the complex issues of ‘decision’ and ‘articulation’. These guidelines were designed as a method for security practitioners and their trainers to explain the rationale for using necessary force.

In November 2000, the Canadian Association of Chiefs of Police released a Use of Force Framework that all persons performing an enforcement related function can follow when faced with situations where physical confrontation and violence is a very real and serious possibility. This framework is designed to assist people in assessing a conflict situation, understanding the circumstances that lead to physical confrontations, and recognising what situations require the use of physical force. While it was designed primarily for Peace Officers, the framework can be applied to any person involved in the enforcement of the law. The framework consists of six basic principles that must be considered when deciding whether the use of force is appropriate.

  • The primary responsibility of a Peace Officer is to preserve and protect life.
  • The primary objective of any use of force is to ensure public safety.
  • Police officer safety is essential to public safety.
  • The National Use of Force Framework was constructed in consideration of Federal statute law and current case law.
  • The National Use of Force Framework is not intended to dictate policy to any agency.

 

The Use of Force Assessment Process

The process of assessing a situation involves three factors:

  1. The Situation

There are six different conditions identified in the Use of Force framework that can characterize a situation. In all cases, Security Guards should consider all of these conditions when the decision to use force must be made.

 

  1. Environment – includes weather conditions (such as rain, snow, wind, and heat), time of day (whether it is daytime or night), location (inside or outside, residential, commercial or industrial blocks and neighborhoods), and the position relative to the situation.
  2. Number of Subjects – This will greatly influence the decision to use force. The guard must consider how many subjects there are and weigh that against how many people are present to act as back-up for the guard. For example, there is always strength in numbers, and therefore when presented with a single subject who is agitated and abusive, it may not be required to use physical force if there are three security guards present.
  3. Perceived Subject Abilities – Often there are observable characteristics that can help a security guard determine the subject’s abilities in a physical confrontation. Their size, emotional state, level of intelligence, level of intoxication, and strength can be easily identified.
  4. Knowledge of Subject – If the guard is aware of the subject’s criminal history, reputation, or if the guard may have had prior contact with the subject(s), it can help determine the level of danger present when dealing with the subject. For example, if the subject is known to carry knives, the guard would keep at a safe distance and relay information as to the subject’s whereabouts and activities to the local authorities.
  5. Time and Distance – These are conditions that determine whether a response must be immediate or whether a delayed response may be used. For example, if an individual charges a guard with a weapon, an immediate response is necessary; whereas if the individual threatens to return the next day with a weapon, the guard would instead contact the police. Also, if a guard is watching a crime in progress on a video monitor, the distance they would have to travel to the scene and the time it would take for them to arrive would greatly influence their decision. If they observe a situation of personal violence against another person and it would take twenty minutes to get to their location, the response would be different than if the incident was taking place a few meters away.
  6. Potential Attack Signs – A subject may exhibit behavior that can help determine whether or not they are about to attack. The following were identified by the Canadian Association of Chiefs of Police as signs of a potential attack:
    1. Ignoring the officer/guard
    2. Repetitious questioning
    3. Aggressive verbalization
    4. Emotional venting
    5. Refusing to comply with lawful request
    6. Ceasing all movement
    7. Invasion of personal space
    8. Adopting an aggressive stance
    9. Hiding

 

  1. Subject Behaviors

Five different categories of subject behavior are identified in the framework. They are all subject to the perception of the officer/guard at the time of the situation.

 

  1. Co-operative – The subject responds appropriately to the officer’s presence, direction, and control.
  2. Resistant (Passive) – The subject refuses, with little or no physical action, to cooperate with the officer’s lawful direction. This can assume the form of a verbal refusal or consciously contrived physical inactivity.
  3. Resistant (Active) – The subject uses non-assaultive physical action to resist, or while resisting an officer’s lawful direction. Examples would include pulling away to prevent or escape control, or overt movements such as walking toward or away from an officer. Running away is another example of active resistance.
  4. Assaultive – The subject attempts to apply, or applies force to any person; attempts or threatens by an act or gesture, to apply force to another person, if he/she has, or causes that other person to believe upon reasonable grounds that he/she has, present ability to effect his/her purpose. Examples include kicking and hitting, but may also include aggressive body language that signals the intent to assault.
  5. Grievous Bodily Harm or Death – The subject exhibits actions that the officer reasonably believes are intended to, or likely to cause grievous bodily harm or death to any person. Examples include assaults with a stick, knife, or firearm, or actions that would result in serious injury to an officer or member of the public.

 

  1. Perception and Tactical Considerations

The framework states “How an officer sees or perceives a situation is, in part, a function of the personal characteristics he or she brings to the situation”. Essentially, they must not only assess the subject’s abilities, but their own as well. These include factors such as strength and overall fitness of the officer/guard combined with any injuries they may have, their exposure and experience with/to similar situations, their level of training, fatigue, stress, cultural background, and their visual abilities.

 

The officer/guard must also take into consideration the overall picture and must think tactically in these situations. It may be better for the overall situation to  disengage from the incident until backup arrives, or conversely it may be required to act at considerable risk to one’s own safety  due to a lack of available backup combined with the immediate risk to the life of a third party.

 

Use of Force Options

There are five options when the guard is presented with a situation where force can be used. Failure to use the appropriate level of force can result in severe forms of liability on the part of the individual guard. The following outlines the various options and their application within the Use of Force Framework.

  1. Officer/Guard Presence – In some situations, the presence of the guard may in fact deter an escalation of events. By approaching the situation from a vantage point where all parties can observe the presence of the guard, it will increase the likelihood of legal consequences which they will be forced to take into consideration in their decision making process.

 

  1. Communication – An officer/guard can use verbal and non-verbal communication to control and/or resolve the situation. Tactful speech and a courteous attitude will help reduce the likelihood of escalation. It is also important for the officer/guard to understand that they must never raise their voice or speak in an aggressive tone. These actions almost always lead to an escalation to violence and must be avoided at all costs.

 

  1. Physical Control – When physical control is exerted over the subject, guards must be mindful that there is no single option when applying physical measures. In each instance the situation must be assessed and the correct level of force, either ‘Soft’ or ‘Hard’ techniques, must be applied. If the guard exceeds the level of force that is being used against them, it is likely the situation will result in civil or criminal charges being laid against them for excessive use of force.

 

Soft techniques are not likely to cause injury and may include maneuvers designed to restrain the individual or prevent them from continuing with an action. For example, this could be something as holding on to an offender’s shirt sleeve to prevent them from escaping custody. Hard techniques are designed to stop a specific behavior and may include strikes to the body (punches and kicks). This option should only be considered by security guards if there is a likelihood of immediate violent reprisal during a situation. For example, if during the application of soft techniques, the subject gains an advantage in the struggle, then there is a likelihood of violence against the guard if the subject manages to escape from the restraining maneuver. In this case, it may be required to strike at the person to maintain control and prevent escalation.

 

  1. Intermediate Weapons – This use of force option involves the use of a weapon whose use is not intended to cause serious injury or death. Baton and Pepper Spray fall under this category. Due to liability issues, security guards must never resort to this level of force unless there is an immediate risk of serious harm or death to themselves, or a third party, and then only to the extent that the guard can remove him/herself from the situation and call the authorities from a safe location. Guards must also be reminded that current legislation requires that all guards carrying Intermediate Weapons in the course of their duties must possess valid training, insurance, and license to carry such devices.

 

  1. Lethal Force – This use of force option involves the use of procedures and techniques that may cause grievous bodily harm or death. These should only be applied to situations where there is an immediate risk of serious harm or death to themselves or a third party, and then only to the extent that the guard can remove him/herself from the situation and then call the authorities from a safe location.

 

De-escalation

Your words and actions can take a situation to a lower or higher level of seriousness. Always act in a way that keeps a situation at the lowest level possible. Always try to find non-physical ways to handle any problem that may come up. These non-physical solutions include:

 

  1. What you say (verbal solutions)

Most situations can be resolved by talking. Whenever possible, use your communication skills to de-escalate a situation. There are sections on communication skills throughout this course.

 

  1. What you do (non-physical tactics)

Often just your presence as a security professional is enough to keep someone from committing a crime. However, there are also a number of things that you can do to avoid using physical force to solve a problem.

 

Some examples include:

  • Watching or following someone;
  • Calling the police and having them take care of a situation instead of becoming involved yourself;
  • Removing yourself from a situation that is escalating and calling the police;
  • Using numbers to your advantage. If other guards are available, you should have them help you before moving into a situation that could become dangerous.

 

Remember . . .above all else…

Your main duties are to observedeterrecord and report.

13.1 PLEASE READ

Attention Students:

If you have already purchased the First Aid course, please email our Staff at bjaitely@gmail.com to book your First Aid Class.  If you already have a valid First Aid Certificate, please email to our staff for confirmation.

Emergency Level First Aid and CPR

Duration: 1 Day in class

Price: $94.00+HST

Includes: Red Cross First Aid Manual and Red Cross certification. Emergency First Aid CPR with AED – Level C

Basic one-day course offering an overview of first aid and cardiopulmonary resuscitation (CPR) skills for the workplace or home. Includes the latest first aid and CPR guidelines.  Meets OHS regulations for Basic First Aid, includes injury prevention content, CPR and AED.

15.1 LEARNING OUTCOMES

Upon completion of this module, students will be able to:

  1. Describe the role of private investigators
  2. List the types of investigations typically conducted
  3. Identify some of the legal limitations on investigators
  4. List some of the unique segments of the investigations market (ex. fraud, loss prevention, intellectual property protection)
  5. Explain the investigative process

15.2 PRIVATE INVESTIGATORS & INVESTIGATIONS

Private Investigators may work for:

  • an association and inquire into allegations of professional misconduct;
  • for insurance companies looking into potentially fraudulent claims
  • for licensed PI agencies that offer investigative services

There are many job opportunities in this large market in Ontario.

Professional investigators invest in ongoing professional development by:

  • consulting and meeting with industry peers
  • reading professional trade publications
  • attending industry events and networking
  • participate in ongoing education in this field

A good investigator will be inquisitive, possess common sense, good judgment, follow procedures and be objective.  Any person performing the services of an investigator in Ontario must be licensed.  They may make inquiries, collect information and make reports to groups such as:

  • private individuals
  • lawyers and law firms
  • insurance companies
  • other private firms
  • government
  • professional or regulatory bodies

 

Using techniques such as surveillance, targeted interviews and collecting open-source intelligence, investigators may be involved in building cases for:

  • private family matters (deaths, child custody, spousal)
  • insurance fraud allegations
  • location of stolen goods
  • workplace investigations (harassment, theft, discrimination)
  • theft of intellectual property, data or other assets

16.1 LEARNING OUTCOMES

Private Investigators must be familiar with the PSISA to ensure they follow the regulations and prohibitions, including the Code of Conduct.

At the end of this module, you should be familiar with some of the key points that affect individual licensees directly:

  • Licensing Requirements

  • General Rules and Standards of Practice (sections 34 and 40 of the PSISA)

  • Regulations

  • Code of Conduct
  • Eligibility to Hold a Licence – Clean Criminal Record

  • Public Complaints
  • Penalties for Contravening the Act

  • Limitations on Investigators

16.2 LICENSING

Note: Wherever the terms “Private Investigator” or “private investigation” appear, they include “Security Guard” and “security industry”.

 

This section introduces the student to his/her responsibilities as a Private Investigator under the PSISA. The Private Security and Investigative Services Act, 2005 (PSISA) regulates the private security and investigative services industry. As such, Private Investigators must be familiar with the PSISA to ensure they follow the regulations and prohibitions including the Code of Conduct.

 

According to the PSISA:  “(2) A private investigator is a person who performs work, for remuneration, that consists primarily of conducting investigations in order to provide information.  2005, c. 34, s. 2 (2).” 

(3) Examples of the types of information referred to in subsection (2) include information on,

(a) the character or actions of a person;

(b) the business or occupation of a person; and

(c) the whereabouts of persons or property.  2005, c. 34, s. 2 (3).

Individual Licenses

In order to act as a Private Investigator, the individual must hold the appropriate license under this Act, and must either be employed by a licensed business entity, a registered employer under Section 5, or the sole proprietor of a licensed business entity or is a partner in a licensed business entity.

Individuals now are responsible for ensuring they are working with a valid license. They must renew the license card as per the Ministry guidelines, and they are responsible for any fees associated with the licensing process. In addition, each individual licensee is responsible for ensuring that they are working for an employer registered and recognized by the Ministry of Community Safety and Correctional Services.

 

Licensing Requirements (subsection 10(1) of the PSISA)

In order to be eligible for a Private Investigator licence, all individuals must:

  • Have completed the required training and/or testing.
  • Be at least 18 years old.
  • Possess a clean criminal record, according to the Clean Criminal Record Regulation (note: not all criminal charges or convictions will prevent a person from obtaining a Private Investigator licence. See below for more information on the Clean Criminal Record Regulation).
  • Be legally entitled to work in Canada.

People who apply for a Private Investigator licence will be required to show proof that they meet all of these requirements. If they are not eligible for a Private Investigator licence, their application will not be processed.

 

Eligibility to Hold a License – Clean Criminal Record

This regulation lists a series of criminal offences which are prescribed under the PSISA. Persons who have been convicted of any of these offences and have not received a pardon are not eligible for a Private Investigator licence, and any application they submit cannot be processed.

Persons who have been convicted of or charged with an offence that does not appear in this regulation may be eligible for a licence. The Private Security and Investigative Services Branch (PSISB) will need to review their file to determine if any restrictions should apply. The applicant may be given an opportunity to be heard in order to discuss their case.

Public Complaints

Members of the public may file a public complaint against any licensed individual or licensed company if they feel that a violation of the PSISA or its regulations has been committed.

Public complaints can lead to facilitation. As well, the PSISB may investigate the matter and as a result, charges may be laid against the licensee, a warning may be issued, or the licence may be revoked.

 

The Registrar is given the authority to issue or renew a license. A license may be refused where:

  • The fee has not been paid;
  • The applicant cannot reasonably be expected to be responsible as a licensee;
  • Past conduct suggests the applicant will not conduct him or herself with integrity;
  • The applicant has contravened the Act, the regulations, or a term or condition of the license;
  • The applicant has been convicted of an offence;
  • Issuing or renewing the license would be prejudicial to the public interest.

The Registrar may amend, suspend, or cancel a license for any of the grounds set out above or where the licensee:

  • Has made a material misstatement in the application for a license or the renewal of a license;
  • Has committed an act of misrepresentation, fraud, or dishonesty;
  • Is no longer a fit or proper person to carry on as a licensee;

Where a license is cancelled or suspended, the license must be returned to the Registrar.

  • The Registrar possesses the general power of investigation under the Act and in respect to the delivery of services. The Registrar may inspect the business offices of any person being investigated and may obtain a search warrant to enter a dwelling house.
  • Where the Registrar receives a complaint from a member of the public about a licensee, he or she may conduct any investigation necessary. The complainant must be advised of the results of the complaint.  Any information received by the Registrar must be kept confidential, unless the Minister expressly authorizes its release.
  • The Registrar may apply to the court to obtain a search warrant.
  • Obstruction of the Registrar’s investigation is an offence under the Act.
  • The Registrar may apply to the court for a restraining order to prevent the violation or continued violation of the Act.
  • The Act prohibits certain behaviour. Licensees cannot:
    • hold themselves out as police officers or connected to a police service;
    • refer to government licensing or bonding in any advertisement;
    • use a name other than the one under which they are licensed;
    • use the term “detective” in describing themselves;
    • allow other persons to use their license.

Licensees Must:

  • Only wear a uniform approved by the Registrar;
  • Carry and present their licenses to anyone making that request;***
  • Comply with any terms and conditions of their licenses;
  • Be over 18 years of age;
  • Return their licenses to the Registrar when they expire, or are terminated, suspended, or cancelled;
  • Report to the Registrar any incident involving a member of the public involving the use of force or other unusual intervention. 
  • Private investigators must always carry their licence with them when they are working. They must also identify themselves as private investigators, and show their licence, if a member of the public asks them to do so. However, these requirements only apply to people holding themselves out as private investigators. This means that individuals performing an undercover investigation are not required to carry or show their licence (particularly if it would endanger them or jeopardize the investigation).

16.3 THE PSISA

Note: Wherever the terms “Security Guard” or “security industry” appear, they include “private investigator” and “private investigation”.

 

The Private Security and Investigative Services Act, 2005 (PSISA, 2005)

A link to the complete Act can be found here: https://www.ontario.ca/laws/statute/05p34

 

In Ontario, Security Guards and Private Investigators are presently regulated by provincial legislation, called The Private Security and Investigative Services Act, 2005.

This legislation also clarified the licensing requirements of the Act and introduced mandatory training and equipment requirements before employers could license an individual as a Security Guard.

These changes were introduced because the security industry had undergone significant changes in the years since legislation regulating the industry was first developed and implemented. The changes were viewed as necessary to ensure that both the public and the employees in the industry were adequately protected in performing security functions.

 

There are 8 parts to the PSISA, 2005, c.34

  • Interpretation and Application
  • Administration
  • Prohibitions
  • Licensing
  • Complaints and Investigations
  • General Duties and Standards of Practice
  • General
  • Regulations

Some of the more relevant sections are discussed here:

Offences

If a security guard (Private Investigator) willfully commits an offence under the Act, there are severe penalties that can be imposed by governing bodies. Security Guards commit an offence if they:

  • Knowingly furnish false information in any application or in any statement or return required under this Act or the regulations
  • Fail to comply with any order or other requirement made under this Act or the regulations
  • Fail to comply with a condition of a license
  • Contravene or fail to comply with any provision of this Act or the regulations

In the case of a person other than a corporation, a first offence may result in a fine of not more than $25,000 or imprisonment for a term of not more than one year or both.

In the case of a corporation, the first offence may result in a fine of not more than $250,000. In addition, the Act provides that any officer, director or agent of a corporation who directed or otherwise participated in the act that constitutes an offence by the corporation, is guilty of that offence whether or not the corporation itself is prosecuted or convicted.

Identification of Private Investigator

When new legislation came into force, the guidelines with respect to the identification of Guards and PIs changed significantly. While working, every Guard (PI) shall, upon request, produce his or her license for inspection to any person. Much like Police are required to produce their badges, Security Guards must be able to properly identify themselves when enforcing the law on their sites.

35. (1) Every person who is acting as a Security Guard or holding himself or herself out as one shall,

  1. Carry his or her license;
  2. On request, identify himself or herself as a Security Guard; and
  3. On request, produce his or her license. 2005, c.34, s.35(1).

General Rules and Standards of Practice

These are some of the rules that Security Guards must be mindful of during their day-to-day activities. They can be found between sections 35 and 40 of the PSISA.

  • Security Guards must always carry their licence with them when they are working (including “plain-clothes” Security Guards, e.g. loss prevention personnel or bodyguards). They must also identify themselves as Security Guards, and show their licence, if a member of the public asks them to do so.
  • With the exception of bodyguards and loss prevention personnel, Security Guards must wear a uniform while working. See below for further information on the Uniforms Regulation.
  • Security Guards are prohibited from carrying any symbol of authority, other than their licence and uniform (for example, a metal badge is prohibited).
  • Security Guards are prohibited from holding themselves out as police officers, or performing police-related duties. For this reason, they are also prohibited from using the following words when referring to their work as Security Guards:
    • Detective or Private Detective
    • Law Enforcement
    • Police
    • Officer

For example, Security Guards are prohibited from referring to themselves as “security officers”.

 

Licensee May Not Act As A Collector, Etc.

Security Guards cannot act as a collector with respect to the collection of accounts, acting as a bailiff, assisting with an eviction under the Tenant Protection Act (1997) or an eviction under the Residential Tenancies Act (2006).

Protected Witnesses

(2) No person who holds a licence to act as a private investigator or security guard shall act or hold himself, herself or itself out as being available to act with respect to,

(a) locating a person known or suspected by the licensee to be a member of a witness protection program; or

(b) gathering information about any person known or suspected by the licensee to be a member of a witness protection program for the purpose of enabling the person to be located.  2005, c. 34, s. 9 (2).

17.1 LEARNING OUTCOMES

Private Investigators should have a basic understanding of the various statutes that apply to their field in Ontario, and should be familiar with criminal, civil, case and common law and know the difference between Provincial and Federal statutes. It should be noted that the Private Investigator may obtain/require further training on statutes that are relevant to his/her specific position and that the legislation addressed in this section is the most common to the Private Investigation sector.

Private Investigators are only expected to be aware of this legislation as it pertains to their roles. The primary focus should be on best practices with respect to acquiring information in the context of relevant legislation.

You should also be able to reasonably:

  • Describe Health and Safety regulations that may be applicable to investigators.
  • Describe what constitutes a “reportable incident and the investigation requirements and typical report components

17.2 PIPEDA

Private Investigators frequently deal with the collection, storage, dissemination and destruction of highly sensitive information.  They should be familiar with the procedures and regulations with respect to accessing and managing this kind of information, and should learn how to obtain government information according to the freedom of information laws that apply to the different levels of government. Private Investigators working for organizations are also limited in terms of what third party personal information they can collect, use and disclose.

 

Don’t stress!  Privacy legislation is complex.  This lesson is not meant to be an exhaustive description of privacy legislation.  Investigators will need to familiarize themselves with the basics of privacy legislation and adhere to company policies concerning access to and the dissemination of private information.

 

It is a good exercise to think about what information is private, or personal information.  A working definition could be “information about an identifiable individual which includes any factual or subjective information about that individual”, for example:

  • name, age weight, height
  • birth date
  • physical description
  • gender
  • race, ethnic origin, colour, marital status
  • religion
  • address
  • telephone number
  • medical records, blood type, DNA code, fingerprints
  • education
  • employment history, record of absences
  • income, purchases, spending habits
  • credit records, loan records
  • political affiliations and beliefs
  • opinions about the individual
  • visual images such as photos and video where individuals may be identified

 

Federal privacy laws

Canada has two Federal privacy laws, the Privacy Act, which covers the personal information-handling practices of Federal government departments and agencies, and the Personal Information Protection and Electronic Documents Act (PIPEDA), the Federal private-sector privacy law.

 

Provincial laws – Ontario

 

Read the Personal Information Protection and Electronic Documents Act (PIPEDA), Freedom of Information and Protection of Privacy Act (FIPPA), and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).  Note the sections that apply to the handling of information and the ability to access government information

 

Personal Information Protection and Electronic Documents Act (PIPEDA)

http://laws-lois.justice.gc.ca/eng/acts/P-8.6/FullText.html

PIPEDA is a federal statute, which sets out rules that govern the collection, use and disclosure of personal information by organizations engaged in commercial activities. A licensed business entity engaging in an activity regulated by the PSISA is likely subject to PIPEDA.

PIPEDA is a consent based statute. This means that licensed business entities are limited in what third party personal information they can collect, use and disclose when they do not have the consent of the person to whom the personal information belongs.  For example, many of the items included in a credit report are considered personal information and are protected by privacy laws.  Therefore a credit check can be conducted with the consent of the subject.

In general, PIPEDA applies to organizations’ commercial activities in all provinces, except organizations that collect, use or disclose personal information entirely within provinces that have their own privacy laws, which have been declared “substantially similar” to the federal law.  In such cases, it is the substantially similar provincial law that will apply instead of PIPEDA, although PIPEDA continues to apply to federal works, undertakings or businesses (FWUBs) and to inter-provincial or international transfers of personal information.

Unlike provinces like B.C., Alberta and Quebec however, Ontario’s private sector privacy legislation has NOT been deemed substantially similar to PIPEDA (except in the area of health care where the Ontario Personal Health Information Protection Act, which governs health care information custodians, has been declared substantially similar to PIPEDA).  So, PIPEDA applies in Ontario and investigators need to be compliant with this federal legislation when it comes to protecting the privacy of personal information.

 

PIPEDA and Consent

Remember that PIPEDA is a consent based statute.  This means that licensed business entities are limited in what third party personal information they can collect, use and disclose when they do not have the consent of the person to whom the personal information belongs.

For example, many of the items included in a credit report are considered personal information and are protected by privacy laws.  Therefore, a credit check can be conducted with the consent of the subject.

Despite this, there are circumstances in which consent is not required for the collection, use and disclosure of personal information.  An organization may disclose personal information to an investigative body for the purposes related to the investigation of a breach of an agreement or contravention of a federal or provincial law, if knowledge and consent would compromise the availability or accuracy of the information.  Section 7 of PIPEDA specifies these circumstances.

Also, Regulation SOR/2001-7, enacted pursuant to PIPEDA, lists publicly available records, such as some judicial records, which are not subject to the restrictions on the collection, use and disclosure of personal information, as set out in the Act.

Additionally, according to Regulation SOR/2001-6, licensed business entities may receive or disclose personal information without the knowledge or consent of the individual to whom it belongs for the purposes of investigating the breach of an agreement or the contravention of a law if they are a corporation or other body:

  1. that is licensed by a province to engage in the business of providing private instigators or detectives and that has a privacy code that is compliant with the Canadian Standards Association CAN/CSA-Q830-96, Model Code for the protection of personal information, as amended from time to time; and,
  2. that is a member in good standing of a professional association that represents the interests of private investigators or detectives and that has such a code.

 

PIPEDA Principles

There are 10 principles that you should review that can be found here: http://laws.justice.gc.ca/eng/acts/P-8.6/page-19.html#h-25

 

PIPEDA Compliance

To help with PIPEDA compliance, at the commencement of any investigation, especially one that involves surveillance, document the purposes for collecting, using and disclosing personal information.  The purpose of the investigation must reasonably relate to a breach of contract or a contravention of a law.

In cases such as pre-employment screening, consent will be available but in many cases, it will not without compromising the availability and/or accuracy of the information (evidence gathered by surveillance is considered to be personal information).  It is then a question of what is reasonable and whether there was an unjustified invasion of personal privacy.

There are many cases where decisions are made in favour of the investigator, where evidence gathered by surveillance is deemed admissible.  For example, if an employer has exhausted all other reasonable efforts in obtaining accurate information from his employee with his knowledge and consent but has to resort to surveillance, then the evidence gathered by surveillance can be admissible.

Investigation and surveillance as a means to detect potential fraud is clearly acceptable.  Breach of contract brings in matters of insurance.  Investigations including surveillance have been consistently deemed acceptable for employers dealing with employment contracts.

  • video surveillance is a last resort and should only be contemplated if all other avenues of collecting personal information have been exhausted.
  • the decision to use video surveillance should be made at a senior level of the organization.
  • the investigator should be instructed to collect personal information in accordance with the Act and be very mindful of Principle 4.4.

***The Office of the Privacy Commissioner of Canada has many case studies and examples to draw from:

https://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/

17.3 FIPPA & MFIPPA

Freedom of Information and Protection of Privacy Act (FIPPA)

FIPPA governs access to records that are in the custody or under the control of the provincial government, designated agencies, colleges of applied arts and technology, and universities. The scope of this Act has been extended on January 1, 2012, to cover hospitals.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90f31_e.htm

 

Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)

MFIPPA is similar in purpose to FIPPA, except that it governs records that are in the custody or under the control of municipalities and some related institutions.

Private Investigators should know about filing access requests for records that are subject to the above-noted Acts. Also, Private Investigators working for institutions that are subject to FIPPA or MFIPPA may be governed by one of these Acts, and may be limited in terms of what personal information they can collect, use or disclose.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90m56_e.htm

 

Industry Standards Regarding Protection of Privacy

Private Investigators should be mindful of privacy laws such as the ones described above when performing their work. Commonly, Private Investigators may be required to observe a subject’s daily activities, and should therefore be careful not to contravene any privacy laws.

For example, anyone who is in a public place does not have a reasonable expectation of privacy, and their actions may be photographed or documented on video. However, a person in their home has a reasonable expectation of privacy and an investigator should not go onto their property in order to peer into their windows to observe them. In this situation, the best practice would be to observe the subject from the street, or other public property or thoroughfare.

On the other hand, privacy becomes more of an issue if the subject is in their bathroom, for example, as opposed to their living room. Private Investigators should exercise their judgment to determine when privacy becomes an issue, such as when the subject is at a gravesite, or participating in a religious observance, or when minors may be present.

If an investigator plants a wireless camera to transmit a scene to another location, the investigator should consider things such as whether or not the signal is encrypted, and whether the signal could be intercepted by an unintended source. This is another example where attention should be paid to PIPEDA and other privacy laws.

When videotaping, an investigator must remember that the integrity of the tape is paramount for court purposes; the original should not be altered in any way. There are restrictions in the Criminal Code about recording private conversations (see section 184 of the Criminal Code), so the best practice is to record without audio.

Privacy concerns can also arise as a result of GPS tracking – GPS devices should only be placed on a vehicle to track its location with the permission of the owner of the vehicle.  For example, if an employee is driving a company vehicle and the client is the owner of that company, the client may give written permission to the investigator to place a GPS device on the vehicle.

 

Reasonable expectation of privacy

Section 8 of the Canadian Charter of Rights and Freedoms does not apply to every search or seizure. Rather, the right focuses on the action being unreasonable on the basis that it violates the expectation of privacy that a reasonable individual would have.

The driver of a motor vehicle normally has a reasonable expectation in the contents of that vehicle, although that same expectation does not necessarily extend to the passenger of a vehicle who is not the owner.

Likewise, a visitor to a dwelling house does not enjoy the same expectation of privacy as a permanent occupant.

A reasonable expectation of privacy generally exists in a hotel room, although the expectation of privacy in a hotel room diminishes in circumstances where the occupant indiscriminately invites members of the public inside.

Information which does not “tend to reveal intimate details of the lifestyle and personal choices of the individual” is usually not subject to a reasonable expectation of privacy. For this reason, utility records are generally not subject to an expectation of privacy, nor are heat patterns which can be detected from outside a private building.  Garbage placed at the curb for pickup is considered in law to be abandoned, and therefore fails to engage a reasonable privacy interest.

In R. v. TELUS Communications Co. , the Supreme Court of Canada found that the reasonable expectation of privacy protected by Section 8 of the Charter applies to modern communications technologies such as text messages, even if the data in question is located on a third-party server.

18.1 LEARNING OUTCOMES

Upon completion of this module, students should be able to:

  1. Describe how the Criminal Code of Canada and the Canadian Charter of Rights and Freedoms relate to their work as a private investigator
  2. Identify the legal authorities, rights and limitations of a professional investigator as compared to a peace/police officer
  3. Discuss and provide examples of a citizen’s power of arrest under the Criminal Code
  4. Identify the differences between civil law and criminal law
  5. Discuss and provide examples of the following:
    1. Which sections of the Criminal Code affect surveillance
    2. Tort Law
    3. Burden of Proof in criminal court
    4. Burden of proof in civil court
  6. Describe the consequences when a security professional exceeds his/her authority
    1. Under the PSISA
    2. Under the Criminal Code of Canada
    3. Civilly
  7. Identify and explain additional legislation with respect to security professionals, including:
    1. Ontario Human Rights Code
    2. Privacy Acts
    3. Trespass to Property Act
  8. Identify the requirements of an investigator under the PSISA

18.2 CANADIAN CRIMINAL COURT SYSTEM

Canadian Criminal Court System

The Private Investigator should possess the skills and knowledge required to present evidence in a judicial environment. Private Investigators may be required to prepare for legal proceedings, present evidence and follow up on the outcomes. Every investigation should be conducted as if the case could potentially go to trial and procedural and administrative requirements should be completed with the utmost care.

The Private Investigator should be aware of the different levels of the court system including how to prepare for trial/court, how to prepare for testimony, how to share the results of an investigation or evidence and how to prepare witnesses for court.

 

How the Courts are Organized

There are four general levels of court in Canada. First there are provincial/territorial courts, which handle the great majority of cases that come into the system. Second are the provincial/territorial superior courts. These courts deal with more serious crimes and also take appeals from provincial/territorial court judgments. On the same level, but responsible for different issues, is the Federal Court. At the next level are the provincial/territorial courts of appeal and the Federal Court of Appeal, while the highest level is occupied by the Supreme Court of Canada.

What is the structure of Ontario’s court system?

Court of Appeal for Ontario

The Court of Appeal for Ontario is the highest level of court in the province. The Court of Appeal for Ontario hears many appeals. The court is composed of a federally appointed Chief Justice of Ontario, an Associate Chief Justice of Ontario and many other judges. The Court of Appeal sits with either one or three judges depending on the appeal.

This court is separate from other Ontario courts and usually provides the final ruling on a legal issue. An appeal on this ruling goes to the Supreme Court of Canada, the highest court in all of Canada.

Court of Ontario

The Court of Ontario has two divisions:

  • The Superior Court of Justice
  • The Ontario Court of Justice

 

Superior Court of Justice
The Superior Court of Justice handles the more serious criminal law and youth criminal justice matters. It hears all jury trials as well as trials before a judge sitting alone after a preliminary hearing has been held. The court also hears civil cases, including divorce cases, cases involving larger amounts of money and challenges to the Charter of Rights and Freedoms. The Superior Court of Justice also reviews certain family, provincial offences, and summary conviction appeal matters from the Ontario Court of Justice. There are three branches of the Superior Court of Justice in Ontario:

Divisional Court
The Divisional Court is an appellate court, meaning that it only hears:

  • Appeals and reviews of decisions by government agencies, tribunals and boards; and
  • Some civil appeals up to $50,000.

Family Court
Sometimes referred to as the Unified Family Court, the Family Court branch of the Superior Court of Justice provides a single court for all family matters, including divorce, division of property, child protection, adoption, child and spousal support and child custody and access matters. Special services provided by the Family Court include Family Law Information Centres, Supervised Access Centres, Mediation Services and Parent Information Sessions.

In some areas of the province, where the Unified Family Court does not exist, family law matters are divided between the Superior Court of Justice (divorce, division of property, child and spousal support, custody and access cases) and the Ontario Court of Justice (custody and access, child and spousal support, adoption and child protection cases).

Small Claims Court
The Small Claims Court is a branch of the Superior Court of Justice. The court hears civil actions for claims up to $25,000.

Ontario Court of Justice
The Ontario Court of Justice is the lower level provincial court. It can hear cases about offences committed under provincial laws, as well as criminal and family cases. The Ontario Court of Justice is also considered a youth court for the purposes of the Youth Criminal Justice Act.

Judges of the Court hear:

  • Criminal prosecutions of adults and most criminal prosecutions involving young persons;
  • Child protection applications, family law disputes about custody, access and support, and adoption applications, where there is noFamily Court branch of the Superior Court of Justice; and
  • Provincial offence appeals where the trial was heard by a justice of the peace.

Justices of the Peace hear:

  • Bail hearings;
  • Applications for search warrants; and
  • Prosecutions of provincial offences for violations of provincial laws such as the Highway Traffic Act, Occupational Health and Safety Act, Liquor Control Act, Compulsory Automobile Insurance Act etc.

 

Provincial / Territorial Courts

Each province and territory, with the exception of Nunavut, has a provincial/territorial court, and these courts hear cases involving either federal or provincial/territorial laws. (In Nunavut, there is no territorial court – matters that would normally be heard at that level are heard by the Nunavut Court of Justice, which is a superior court.) The names and divisions of these courts may vary from place to place, but their role is the same. Provincial/territorial courts deal with most criminal offences, family law matters (except divorce), young persons in conflict with the law (from 12 to 17 years old), traffic violations, provincial/territorial regulatory offences, and claims involving money, up to a certain amount (set by the jurisdiction in question). Private disputes involving limited sums of money may also be dealt with at this level in Small Claims courts. In addition, all preliminary inquiries – hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases – take place before the provincial/territorial courts.

A number of courts at this level are dedicated exclusively to particular types of offences or groups of offenders. One example is the Drug Treatment Court (DTC) program, which began in Toronto in 1998, followed over several years by Vancouver, Edmonton, Regina, Winnipeg, and Ottawa. The object of the DTCs is to address the needs of non-violent offenders who are charged with criminal offences that were motivated by their addiction. Those who qualify are offered an intensive combination of judicial supervision and treatment for their dependence, drawing on a range of community support services.

Youth courts handle cases where a young person, from 12 to 17 years old is charged with an offence under federal youth justice laws. Procedures in youth court provide protections appropriate to the age of the accused, including privacy protections. Courts at either the provincial/territorial or superior court level can be designated youth courts.

Some provinces and territories (such as Ontario, Manitoba, Alberta and the Yukon) have established Domestic Violence Courts in order to improve the response of the justice system to incidents of spousal abuse by decreasing court processing time; increasing conviction rates; providing a focal point for programs and services for victims and offenders; and, in some cases, allowing for the specialization of police, Crown prosecutors and the judiciary in domestic violence matters.

In Ontario:

Judges:

Judges are appointed by the provincial government

Have been lawyers for at least 10 years.

Hear criminal, youth and family trials, and sometimes provincial offences matters, without a jury. The judge is responsible for both the weighing of the evidence and the final decision.

In criminal cases, it is up to the judge to decide if the defendant is not guilty or guilty. If a defendant is convicted in a criminal case, the judge imposes sentence.

In family court, the judge hears family and child protection disputes.

Justices of the Peace

Justices of the peace are appointed by the provincial government and referred to as “Your Worship”.

Do not have to be lawyers

Generally have 10 years of paid or volunteer work experience and a university degree or college diploma. For specifics, please see the Justices of the Peace Act.

A justice of the peace is often the first and sometimes the only judicial officer that a member of the public will ever meet in connection with, for example, a parking ticket, a Highway Traffic Act offence, charges alleging a violation of a by-law such as a smoking by-law or a liquor licence by-law, or a trespassing charge.

If one is charged with a criminal offence, that individual may meet a justice of the peace in bail court and in most court appearances prior to the trial.

Justices of the peace also conduct hearings under the Mental Health Act.

 

Provincial / Territorial Superior Courts

Each province and territory has superior courts. These courts are known by various names, including Superior Court of Justice, Supreme Court (not to be confused with the Supreme Court of Canada), and Court of Queen’s Bench. But while the names may differ, the court system is essentially the same across the country, with the exception, again, of Nunavut, where the Nunavut Court of Justice deals with both territorial and superior court matters.

The superior courts have “inherent jurisdiction,” which means that they can hear cases in any area except those that are specifically limited to another level of court. The superior courts try the most serious criminal and civil cases, including divorce cases and cases that involve large amounts of money (the minimum is set by the province or territory in question).

In most provinces and territories, the superior court has special divisions, such as the family division. Some have established specialized family courts at the superior court level to deal exclusively with certain family law matters, including divorce and property claims. The superior courts also act as a court of first appeal for the underlying court system that provinces and territories maintain.

Although superior courts are administered by the provinces and territories, the judges are appointed and paid by the federal government.

Courts of Appeal

Each province and territory has a court of appeal or appellate division that hears appeals from decisions of the superior courts and provincial/territorial courts. The number of judges on these courts may vary from one jurisdiction to another, but a court of appeal usually sits as a panel of three. The courts of appeal also hear constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies.

The Federal Courts

The Federal Court and Federal Court of Appeal are essentially superior courts with civil jurisdiction. However, since the Courts were created by an Act of Parliament, they can only deal with matters specified in federal statutes (laws). In contrast, provincial and territorial superior courts have jurisdiction in all matters except those specifically excluded by a statute.

The Federal Court is the trial-level court; appeals from it are heard by the Federal Court of Appeal. While based in Ottawa, the judges of both Courts conduct hearings across the country. The Courts’ jurisdiction includes interprovincial and federal-provincial disputes, intellectual property proceedings (e.g. copyright), citizenship appeals, Competition Act cases, and cases involving Crown corporations or departments of the Government of Canada. As well, only these Courts have jurisdiction to review decisions, orders and other administrative actions of federal boards, commissions and tribunals; these bodies may refer any question of law, jurisdiction or practice to one of the Courts at any stage of a proceeding.

For certain matters, such as maritime law, a case may be brought either before the Federal Court or Federal Court of Appeal, or before a provincial or territorial superior court. In this respect, the Federal Court and the Federal Court of Appeal share jurisdiction with the superior courts.

Specialized Federal Courts

In order to deal more effectively with certain areas of the law, the federal government has created specialized courts, notably the Tax Court of Canada and courts that serve the Military Justice System. These courts have been created by statute and can only decide matters that fall within the jurisdiction given to them by statute.

The Tax Court of Canada

The Tax Court of Canada gives individuals and companies an opportunity to settle disagreements with the federal government on matters arising under federal tax and revenue legislation. The Tax Court of Canada primarily hears disputes between the federal government and taxpayers after the taxpayer has gone through all other options provided for by the Income Tax Act. The Tax Court is independent of the Canada Revenue Agency and all other government departments. Its headquarters are in Ottawa and it has regional offices in Montreal, Toronto and Vancouver.

Military Courts

Military courts, or courts martial, were established under the National Defence Act to hear cases involving the Code of Service Discipline. The Code applies to all members of the Canadian Forces as well as civilians who accompany the Forces on active service. It lays out a system of disciplinary offences designed to further the good order and proper functioning of the Canadian Forces.

The Court Martial Appeal Court hears appeals from military courts. Its function is comparable to that of a provincial/territorial appeal court, and it has the same powers as a superior court. Judges in the Court Martial Appeal Court are selected from the Federal Courts and other superior courts throughout the country. Like other courts of appeal, the Court Martial Appeal Court hears cases as a panel of three.

Trial By Jury

Under the Canadian Charter of Rights and Freedoms, individuals accused of the most serious criminal offences generally have the right to choose to be tried by a jury or by a judge alone. A jury is a group of people, chosen from the community, who assess the facts of a case after a judge explains the law to them. They then make a decision based on their assessment. Sentencing, however, is left to the judge. Trial by jury is also available in some civil litigation, but is rarely used.

The Supreme Court of Canada

The Supreme Court of Canada is the final court of appeal from all other Canadian courts. The Supreme Court has jurisdiction over disputes in all areas of the law, including constitutional law, administrative law, criminal law and civil law.

The Court consists of a Chief Justice and eight other judges, all appointed by the federal government. The Supreme Court Act requires that at least three judges must come from Quebec. Traditionally, of the other six judges, three come from Ontario, two from western Canada, and one from the Atlantic provinces. The Supreme Court sits in Ottawa for three sessions a year – winter, spring and fall.

Before a case can reach the Supreme Court of Canada, it must have used up all available appeals at other levels of court. Even then, the Court must grant permission or “leave” to appeal before it will hear the case. Leave applications are usually made in writing and reviewed by three members of the Court, who then grant or deny the request without providing reasons for the decision. Leave to appeal is not given routinely – it is granted only if the case involves a question of public importance; if it raises an important issue of law or mixed law and fact; or if the matter is, for any other reason, significant enough to be considered by the country’s Supreme Court.

In certain situations, however, the right to appeal is automatic. For instance, no leave is required in criminal cases where a judge on the panel of a court of appeal has dissented on how the law should be interpreted. Similarly, where a court of appeal has found someone guilty who had been acquitted at the original trial, that person automatically has the right to appeal to the Supreme Court.

The Supreme Court of Canada also plays a special role as adviser to the federal government. The government may ask the Court to consider questions on any important matter of law or fact, especially concerning interpretation of the Constitution. It may also be asked questions on the interpretation of federal or provincial/territorial legislation or the powers of Parliament or the legislatures. (Provincial and territorial courts of appeal may also be asked to hear references from their respective governments.)

New Approaches

The Nunavut Court of Justice

When the territory of Nunavut was established in 1999, a new kind of court in Canada was created as well. The Nunavut Court of Justice combines the power of the superior trial court and the territorial court so that the same judge can hear all cases that arise in the territory. In Nunavut, most of the communities are small and isolated from the capital of Iqaluit, so the court travels to them “on circuit.” The circuit court includes a judge, a clerk, a court reporter, a prosecutor, and at least one defence attorney. Court workers and Crown witness coordinators might also travel with the circuit court, depending on the cases to be heard. Interpreters are hired in the communities when possible, or travel with the circuit court when necessary. In addition to holding regular sessions in Iqaluit, the court flies to most communities in Nunavut at intervals that range from six weeks to two years, depending on the number of cases.

Unified Family Courts

Unified family courts, found in several provinces, permit all aspects of family law to be dealt with in a single court with specialized judges and services. The unified family courts consist of superior court judges, who hear matters of both provincial/territorial and federal jurisdiction. These courts encourage the use of constructive, non-adversarial techniques to resolve issues, and provide access to a range of support services, often through community organizations. These services differ from province to province but typically include such programs as parent-education sessions, mediation, and counselling.

Sentencing Circles

Sentencing circles, pioneered in the Yukon Territorial Court in the early 1990s, are now used in much of the country, mostly at the provincial/territorial court level and in cases involving Aboriginal offenders and victims. Sentencing circles are part of the court process, though not courts in themselves, and they can be a valuable means of getting input and advice from the community to help the judge set an appropriate and effective sentence.

Sentencing circles generally operate as follows: After a finding or admission of guilt, the court invites interested members of the community to join the judge, prosecutor, defence counsel, police, social service providers, community elders, along with the offender, the victim and their families and supporters, and meet in a circle to discuss the offence, factors that may have contributed to it, sentencing options, and ways of reintegrating the offender into the community. Everyone is given the chance to speak. Often the circle will suggest a restorative community sentence involving some form of restitution to the victim, community service, and/or treatment or counselling. Sometimes members of the circle will offer to help ensure that the offender lives up to the obligations of the community sentence, while others may offer to provide support to the victim.

It is important to note, though, that sentencing circles do sometimes recommend a period of custody. Moreover, the judge is not bound to accept the circle’s recommendations.

The Courts and Related Processes

There are many elements in the Canadian justice system which are closely related to the courts but are not strictly part of the court system. Two prominent examples are administrative tribunals and alternative dispute resolution.

Administrative Tribunals

Many disputes over administrative rules and regulations – relating, for instance, to employment insurance, disability benefits, refugee claims or human rights – are dealt with outside the court system by various tribunals and boards. Administrative tribunals may resemble courts, but they are not in fact part of the court system. Nonetheless, they play an essential role in resolving disputes in Canadian society.

The procedure before administrative bodies is usually less formal than that in the courts. However, the courts exercise a supervisory role over administrative tribunals, which may in turn refer questions to the courts. The courts ensure that tribunals remain within their responsibilities under the law and that their procedures are fair.

Alternative Dispute Resolution Systems

Alternative Dispute Resolution (ADR) refers to the wide variety of methods by which conflicts and disputes are resolved outside the courtroom. ADR allows people to settle their differences through means that are more informal, less expensive, and often quicker than court proceedings. These include mediation (where an independent third party is brought in to help work out an agreement) and arbitration (where both sides agree to refer the dispute to the third party for judgment). As with administrative tribunals, the relationship between the courts and ADR is complementary. The courts themselves often make use of ADR – for example, some provinces now insist on mediation as part of the litigation process. At the same time, for serious or violent crimes, or when mediation or arbitration is rejected, the formal court system remains indispensable.

During a criminal trial, the Crown Attorney would need to prove beyond a reasonable doubt that the accused has committed the offence. On the other hand, the burden of proof in a civil matter is less than in a criminal matter. In such situations, the obligation is for the plaintiff to prove the accused is guilty on the balance of probabilities. In both instances the Investigator may be required to give evidence in court. The Private Investigator should be familiar enough with the procedures of court that he/she could explain and prepare his/her witnesses to present evidence or testify in court as well.

Definitions of due process:

  1. A course of formal proceedings (as legal proceedings) carried out regularly and in accordance with established rules and principles —called also procedural due process.
  2. A judicial requirement that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual —called also substantive due process.

Court Appearance and Testimony

You may receive a document that tells you to appear in court to give evidence. This document is called a subpoena, and it will tell you exactly when you must be present in court to testify. This document is an order, not a request. Even if you change jobs, the subpoena is still in force. If you fail to appear, you could face contempt of court charges.

You will likely be called as a Crown witness. That means you will testify against someone who is accused of committing a crime. First, you will be questioned by a lawyer for the Crown (Prosecutor), then by a lawyer for the accused (Defence). It is important for you to present a professional image and to convince the court that the evidence that you are giving is reliable. Here are some things you can do.

Preparing for Court

  • Carefully review all of your notes. Be sure of the time of day, date, and location where the incident took place.
  • Go over the order in which the events happened, and try to remember exact details, such as weather conditions, licence numbers, lighting etc.
  • Speak to the Crown about what they want to bring out in your testimony and what kinds of questions the Defence lawyer may ask you.
  • Make sure your uniform is clean and ironed and that you are well groomed.
  • Try to arrive early in case the Prosecutor has questions to ask you before you testify. This will also give you time to relax before you are called to the witness stand. If you can’t arrive early, make sure you arrive on time.

Testifying in Court

  • Stand or sit up straight. Do not slouch or lean on the side of the witness box.
  • Look at the lawyers when they question you, and direct your answers to the judge or jury.
  • Speak loudly enough for everyone to hear you and slowly enough for the judge to take notes.
  • Do not answer more than the question asked. The answer to “When you arrested him, did he say anything?” is “Yes,” not “Yes, he said he didn’t do it.”
  • Give the facts, not your opinion. Do not say, “He was looking around to see if anyone was watching him.” You could say, “He looked around often.”
  • If a question calls for your opinion, for example, “Was she under the influence of drugs?” say that you will have to give an opinion and ask if that is what is wanted.
  • If either lawyer objects to a question, stop. Do not answer until the court rules on the objection.
  • If you think a question is too personal, you may ask the judge if you must answer it. Refer to the judge as “Your Honour.”
  • If you do not know the answer to a question, say so in a direct way. Avoid phrases like “I guess” and “I think.”
  • Read from your notes only if necessary and if allowed by the judge. Your testimony should be from your memory and you should refer to your notes only for very specific details, such as someone’s exact words.
  • Use a polite, reasonable tone. If you say, “He had some CDs that he forgot to pay for,” your tone is sarcastic, and your testimony may not be taken seriously. It is not a crime to forget to pay for something.
  • Show equal respect for both the Prosecutor and Defence lawyers. It is the Defence lawyer’s job to question your reliability. Don’t take it personally. If you feel yourself getting angry, keep a neutral expression on your face.
  • Do not leave until the judge excuses you.

Cross Examination

Cross Examination by counsel is a test of credibility. Counsel may seek to discredit a police witness or to demolish or cause doubt on evidence already given. Therefore, when facing such cross examination the witness should:

  • Keep to the facts
  • Ignore the counsel’s attempts to hassle or upset him/her
  • Not hurry his/her answers
  • Give truthful and well considered answers

Some counsels set out purposefully to “ruffle” the witness in hope that he/she may give hasty answers or lose his/her composure. In such cases it is increasingly vital that the witness remains calm and unhurried. When the witness does remain calm and composed, the result will often be the opposite of what counsel intended and will motivate counsel to get the witness off the stand as soon as possible. Counsel may ask a casual or ambiguous question, or he/she may ask two questions involving one answer. The witness should be sure he/she fully understands the questions before he/she answers them. Counsel may frame a lengthy question and thus it is prudent to consider well before answering. If necessary, the witness should ask counsel to repeat the question.

Not all questions can be answered by a simple “yes” or “no”. Counsel may set out to get such an answer, but the witness must adhere to the truth. If the answer cannot be a simple “yes” or “no”, then state what it is. The witness is perfectly correct in qualifying his/her answer. By correctly keeping to the facts, the witness will not give an answer to suit counsel. The witness who stands up to a rigorous cross-examination and continues to give his/her evidence and to answer questions in a dignified, truthful and fair way always earns the silent approval of all who are in the Courtroom. His/her evidence is accepted and makes its full impact.

Voir Dire

Voir Dire is in-trial hearing that is considered a separate hearing from the trial itself. It is known as a “trial within a trial” and designed to determine an issue separate from the of procedure or admissibility of evidence.

Procedurally, a voir dire for the validity of a warrant should proceed as follows:

(a) The trial judge should determine whether a voir dire is necessary and, if so, whether the calling of evidence should be permitted;

(b) If the judge accedes to the request to hold a voir dire and the accused wishes to cross-examine the informant, then the accused must obtain leave of the judge to do so. If the judge grants leave, then he or she can limit the scope of the cross-examination;

(c) Cross-examination should proceed to the extent permitted by the order granting leave;

(d) Re-examination, if any, should follow the cross-examination; and

(e) The trial judge should determine whether the record as amplified on the review could support the issuance of the warrant.

18.3 CHARTER OF RIGHTS AND FREEDOMS

Click here to open a copy of the Charter.

The rights and freedoms for all Canadians are set out in the 34 sections which form the Charter. Of particular importance to Private Investigators are the rights defined in sections 1, 7 through 15. They are as follows:

Rights and Limitations

Section:

1. 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.

 

Right to Life, liberty and security of person
7. 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.

Search or seizure
8. Everyone has the right to be secure against unreasonable search or seizure.

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

Arrest or detention
10. 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.

*habeas corpus means that “all relevant evidence shall be reviewed to determine the legality f the action in question”.  The principle of habeas corpus ensures that a prisoner can be released from unlawful detention – that is, detention lacking sufficient cause or evidence.

Proceedings in criminal and penal matters
11. 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.

Treatment or punishment
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-incrimination
13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given
used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving
of contradictory evidence.

Interpreter
14. A party or witness in any proceedings who does not understand or speak the language in which the
proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Equality Rights

15. (1) 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.

Enforcement of Guaranteed Rights and Freedoms

24. (1) 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.

(2) 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.

 

We enjoy certain rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms. These include such things as the right to vote, and the freedom of expression and religion. These rights and freedoms apply to anyone in Canada including Canadian citizens, visitors and people who are waiting to become permanent residents.

 

Here are some rights and freedoms that relate particularly to the work of a private investigator:

  • Everyone has the right to live in freedom and safety;
  • Everyone has the right to not be unreasonably searched or have things taken from them.

 

Section 10 of the Charter is very important. It states that:

Everyone has the right on arrest or detention:

(a) To be informed promptly of the reasons thereof;

(b) To retain and instruct counsel without delay and to be informed of that right.

In other words:

  • Everyone has the right to not be detained or imprisoned without reason;
  • Everyone has the right to be told the reason they have been detained or arrested.

 

 

The Charter Of Rights And Freedoms – A History Explained

As you are probably aware, Canada was originally founded as a British Colony. And although Canada was given a fair amount of autonomy and independence, it remained subject to British rule in certain areas. For example, although a self-governing country, until recently Canada was still part of the British Empire and subject to legislative enactments of the British Government. The decisions of the Supreme Court of

Canada were also still subject to review by the English High Court, the Privy Council.

In 1982, however, the British Parliament passed the Canada Act, which ended the ability of the British Government to pass legislation that would become effective in Canada. At the same time, on April 17, 1982, the Canadian federal government introduced the Canadian Charter of Rights and Freedoms.

This legislation guaranteed all citizens a number of fundamental rights, such as voting, mobility, a right to life, liberty, security and the right not to be deprived thereof except in accordance with the principles of fundamental justice (s.7); a right to be secure against unreasonable search or seizure (s.8); a right not to be arbitrarily detained or imprisoned (s.9); a right on arrest or detention to be informed of the reason, to retain and instruct counsel, to be informed of that right, and to judicial review (s.10); and a number of rights respecting court procedure, such as the right to an interpreter and the right to equality before the law (s.15).

Freedoms guaranteed by the Charter include religion, expression, association, and public assembly. The Charter is the supreme law of Canada.  Section 52 grants the Courts the authority to declare unconstitutional (illegal) any Act of legislation of the federal, provincial, and municipal governments.

 

Section 52(1) holds:

Primacy Of Constitution Of Canada

52.(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent that of the inconsistency, of no force or effect.

With the onset of the Charter, judicial review of legislation, either by way of challenge after the legislation has been infringed, or in advance as part of a constitutional reference, is the norm. Case law has held that the court not only has the power, but the duty, to declare legislation in contradiction with the Charter, of no force or effect.

The Saving Provision

Section 1 of the Charter states:

Rights and Freedoms in Canada

  1. 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. Remember, it is the function of the law to restrict an individual’s actions. This section means that under certain circumstances, the federal, provincial or municipal government could pass legislation that, although it infringes on someone’s rights, might still be upheld if the reason for the legislation was important enough. An example of this is the drinking and driving legislation under the Criminal Code (Canada).

 

Section 9 of the Charter guarantees the right not to be arbitrarily detained. Yet the police occasionally run drinking and driving blitzes, where, for a few minutes each, they randomly stop vehicles to see if the operator of a motor vehicle has been drinking. While this appears to be inconsistent with section 9, courts have consistently held that the danger presented by drunk drivers is of such importance that such a minor violation is justified and acceptable.

Virtually any action by any level of government, including those acting under the authority of the law, which impacts upon these rights and freedoms, is subject to scrutiny under the Charter. When a security guard exercises authority granted under the Criminal Code (Canada)for example, in making an arrest, his or her actions may be subject to Charter review.

 

Fundamental Freedoms

Section 2 of the Charter sets out the basic freedoms all citizens should be allowed to enjoy in Canada. It holds:

  1. 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.

 

The concept of freedom of religion is that everyone has the right to hold the religious beliefs that they choose without fear of discrimination, reprisal or interference.

The freedom identified in 2(b) protects all forms of expression, whether written (regardless of language), spoken, or acted out. It also has been held to include the right to say nothing. This freedom has been held to include the right to picket, although the right to express oneself in this manner does not include actions such as violence, disruption of property, assault, or other unlawful conduct.

Although the Court would be the ultimate arbiter of any dispute, as the provider of security services, a security guard should be aware of these freedoms. For example, security is commonly hired to protect property and maintain peace in a hostile strike situation. A second example of where knowledge of this right would benefit a security guard is a situation where security is called in to maintain order where picketers are demonstrating outside of a medical clinic, opposed to a medical procedure that commonly occurs in the clinic. Add to the example a picketing group that is extremely loud, walking up and down the streets and sidewalks adjoining the clinic’s property. While the picketers may be technically causing a disturbance contrary to the Criminal Code (Canada)a wise security guard would recognize that this conduct would likely be held by the Courts to be part of the freedom of expression protected by the Charter.

The freedom described in 2(c) is the freedom of peaceful assembly, provided that the assembly is lawful in nature.

The freedom described in 2(d) is the freedom of association and basically guarantees that we can associate with whomever we please, to ensure that activities and goals can be pursued in common. 15

Legal Rights

Life, Liberty, And Security Of Person

  1. 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.

 

Since 1982, Courts have been interpreting this section to protect the right to live, to be free to go wherever you wish, and not to be deprived of your personal safety by the state except under specific conditions. This provision allows a person’s liberty to be limited, for example, when he or she is lawfully arrested for robbing a bank. We could not expect, in those kinds of circumstances, that it would be appropriate to simply take the bank robber’s name and let him or her go.

The exception included in the provision allows these rights to be limited by the principles of fundamental justice where it is appropriate to do so. What are the principles of fundamental justice? They are the basic fundamental principles of fairness that a person normally expects to have in a fair and just system.

 

Violations of this Charter section include circumstances where:

  • the accused was not treated as if he or she was innocent until proven guilty;
  • the accused was not allowed to make full answer and defence against the charge; and
  • the body hearing the trial was not reasonable, or impartial.

 

The Supreme Court has also considered the argument that because a person’s freedom may later be limited by something he or she said at the time of the offence or at trial, it would be unfair to compel a person to give a statement that would incriminate him or her. The section has been readily interpreted to protect a witness from having to testify at their trial and to prevent the use of his or her testimony in subsequent court proceedings.  The accused also has the right to remain silent during the investigation.

 

A person may waive his or her right to silence. However, courts are generally cautious in determining that a person has waived his or her rights. To rely on the waiver, and use the evidence, the Crown must be able to show that the accused had full knowledge of the right and had full knowledge of the effect of waiver of that right.

 

For example, in R. v. Whittle, police obtained a statement from a mentally ill accused person, after giving him a series of rights and warnings, including the right to remain silent. The court heard evidence at trial that suggested that the accused did not understand that he had a right to remain silent. The accused believed that he was compelled to provide a statement. The court held that the accused could not effectively waive his right to remain silent if he did not understand it.

 

A waiver will not be effective when an accused person feels that he or she has no choice but to provide a statement to a person in authority like his or her supervisor, or to a police officer. Courts have regularly held that the Charter rights of the accused under this section have been violated.  Police officers are trained to ensure that the person giving a statement to them, or allowing them to search knows that the statement or the search is voluntary. Failure to comply with these issues may result in the dismissal of an otherwise adequate case. Security guards may also be in a position of authority over the accused person. The same concerns should therefore apply.

 

Search Or Seizure

  1. Everyone has the right to be secure against unreasonable search or seizure.

 

This section limits the powers of search and seizure that may be used.

Section 8 creates a test to ensure that an individual’s right to privacy is infringed only where the need is justified.

It basically means that your personal property cannot be taken or searched without good reason. A police officer or security guard who fails to abide by this Charter right may see the case he or she has worked so hard to build thrown out of court.

As with the right to silence, a person may waive his or her right to privacy. However, Courts are generally cautious in determining that a person has waived his or her rights. For example, in R. v. Borden, police obtained the consent of an accused person to take a blood sample for use in a sexual assault investigation. The police compared the sample against the evidence obtained at two different crimes. The court held that the accused should have been notified that police intended to use the evidence in both investigations to effectively waive the privacy rights of the accused.

To rely on the waiver, and use the evidence, a security guard must be able to show that the accused had full knowledge of his or her right to be secure against an unreasonable search and had full knowledge of the effect of the waiver of that right.

 

Detention Or Imprisonment

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

Detention occurs where a person:

  • has his or her liberty taken away by physical constraint;
  • is controlled by another person through demands or directions; or
  • believes that he or she has no choice but to follow the commands of another person.25

 

Perhaps some examples would clarify this.

In example 1, a shoplifter is observed by a loss prevention officer (LPO) to steal a jacket. The LPO walks up to the accused, places his/her hand on the arm of the accused, and advises the person that she/he is under arrest. The LPO does not allow the accused to leave, but restrains her/him by the arm and guides her/him back to the security office where the LPO allows the person to call a lawyer. In this scenario we can clearly see that the accused person is not free to leave. A court, reviewing this scenario, would quickly determine the person has had her/his liberty taken away as surely as if placed in handcuffs.

 

In example 2, the LPO faces the same scenario. However, when the LPO walks up to the accused, the LPO tells her/him in a stern voice that he/she saw the accused take a jacket and place it into a bag, and consequently must accompany him/her to the office. The LPO never touches the accused, but nevertheless, the accused walks beside the LPO obediently. Here, the accused has submitted to the control of the guard.

 

Example 3 is similar to scenario 2. However, here the LPO did not see the accused take the jacket. The LPO lost sight of the accused for a few seconds, and in that time the jacket she/he was carrying vanished. The LPO approaches and tells the accused that he/she is store security and that he/she believes that a jacket was taken. In a stern voice, the LPO asks the accused to come to the office “to answer a few questions.” At trial, the accused explains that she/he was afraid to do anything but go to the office with the guard. Because of the LPO’s manner, the accused felt that she/he had no choice but to go to with the guard, and answer all of the questions. While the judge may believe this evidence or not, there is a real possibility that any incriminating evidence that the guard was able to obtain may be thrown out.

 

This right basically states that any detention must be justified by the circumstances, when viewed through the eyes of the reasonable person. People cannot be randomly stopped or prevented from going about their business for no reason at all, or because of a mere suspicion of wrongdoing. A decision to detain must be based on reasonable and probable grounds.

 

Arrest Or Detention

  1. Everyone has the right on arrest or detention:

(a) to be informed promptly of the reasons therefore;

(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…and to be released if the detention is not lawful.

 

Once an individual has been detained or arrested under section 9 of the Charter, section 10 automatically applies. Informing the accused “promptly” means that you must tell him or her why he or she was arrested as soon as you can after taking the person into your custody. A security guard making an arrest should tell the arrested person why he or she is under arrest right away.

 

“Counsel” is defined under section 2 of the Criminal Code (Canada)“counsel” means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings; Counsel is not just anyone; in this section, it refers to a lawyer. Clauses 10(a) and (b) rights are linked closely together. Clause 10(a) requires that the accused person be told of the reasons for his or her arrest/detention, at that time, and in a way that he or she understands. Clause 10(b) requires that the accused person be informed of his or her right to counsel. However, this right can only be exercised if the accused understands the danger he or she is facing, at least in a general way. At trial, the court will look at the evidence to see if the accused understood what he or she was facing, when making the decision to obtain a lawyer. Clause 10(b) of the Charter requires that the person be given access to legal advice right away. As part of the arrest, an arrested or detained person should be told of the right to retain a lawyer. He or she should be given access to a telephone to contact one as soon as possible after that. As soon as an accused person has identified that he or she wishes to contact a lawyer, questioning or any other attempt to elicit evidence or a statement from him or her must cease until the person has had a reasonable opportunity to exercise the right to counsel.

 

For the accused person to effectively consult with counsel, he or she must be allowed to discuss the matter with counsel of his or her choice. The yellow pages of the telephone book listing the telephone numbers of lawyers in the area must be provided, as well as the toll-free number to duty counsel at legal aid. The arrested or detained person must not be charged for making the telephone call. Clause 10(b) does not limit the arrested or detained person to only one phone call.

 

The discussion between the accused and his or her lawyer must be in private. Make sure, however, that in giving the person privacy, he or she does not have the opportunity to escape, destroy evidence of the offence, and is not given access to tools of escape or weapons. Clause 10(c) gives the accused the right to be released if the arrest or detention was not lawful.

 

Proceedings In Criminal And Penal Matters

  1. 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…, 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…, 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 again for it and, if finally found guilty and punished for the offence, not to be tried and 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 be given the benefit of the lesser punishment.

 

Common Law Rights

We have already talked about the law that is created by legislation.  One other type of law is the common law. Many years ago, Courts in England began recording and sharing the decisions they made to make sure that the way that they interpreted statutes (Acts of Parliament and regulations) and applied them to the cases that were brought before the court, was consistent across the country. Over time, this came to be known as the common law. Canadian Criminal Law is still, to a large degree, a matter of common law. It still exists today and continues to protect the rights of citizens by providing a basic, fundamental backdrop to all of the laws that legislators develop.

One of the fundamental tenets of the common law is that individuals are free, subject only to limitations imposed by law. This freedom can only be curtailed when the person is arrested. A suspicious person can be asked to “come here”, to talk or answer questions, but if they decline to cooperate, there is nothing that can be done to force them. Even when arrested, a person doesn’t have to talk or answer questions.  However, they may be obliged to identify themselves.

19.1 LEARNING OUTCOMES

Private Investigators encounter an array of diverse situations on a regular basis. They need to have thorough knowledge of research techniques, surveillance techniques, interviewing techniques, industry specific equipment and how to collect and preserve evidence. It is also imperative that Private Investigators understand how to take proper and complete notes. The Private Investigator should know the details of the techniques and skills required to conduct investigations.

In this module a number of activities are discussed which are generally accepted as good practices for someone working as a Private Investigator. Practices may vary from one Private Investigation company to the next, so in addition to understanding the requirements of the legislation and regulations it is important the Private Investigator is also be familiar with the policies of their employer and not to rely solely on subjects covered in this course.

This module:

  • introduces investigators to the fundamentals of investigation: the gathering of information that could soon become evidence.
  • looks at who employs investigator services and why.
  • explores how investigators approach an investigation in a professional, impartial, logical and effective manner.
  • emphasizes a need for investigators to understand who the potential clients are and to clarify their needs.
  • emphasizes the need to identify clients’ objectives in order to devise an investigative goal and plan investigative steps.

Upon completion, students should be able to:

  1. describe how to access open source information
  2. determine whether a potential file falls within an organization’s investigative mandate (occupational jurisdiction)
  3. describe the scope of an investigation
  4. explain the fundamental concepts of investigation file management
  5. develop a basic operational plan for an investigation
  6. describe how policies and legislation impact investigative scope
  7. describe how to properly locate persons or assets
  8. describe proper strategies for conducting background information checks on premises and people
  9. interpret specialized analytical reports (ex. financial, medical) relevant to the investigative industry
  10. explain the importance of evidence continuity and how to seize and store it
  11. describe key elements of a cognitive interview
  12. demonstrate how to plan for interviews
  13. demonstrate how to conduct a non-suggestive, non-leading interview with a subject or respondent to an investigation
  14. describe proper techniques for taking a formal statement
  15. describe appropriate techniques for using recording equipment while conducting interviews
  16. identify uses and components of technology and what laws and limitations apply
  17. describe appropriate strategies for conducting in-person surveillance of premises, vehicles and people
  18. identify client/agency rules for surveillance that may direct how surveillance is conducted
  19. demonstrate how to conduct covert, moving surveillance of people

19.2 PURPOSES OF AN INVESTIGATION

Introduction:

Large or small, investigations usually follow a pattern and begin in one of two ways:

  1.  The investigator initiates an inquiry based on the observation or report of an event, or;
  2.  The investigator is tasked with an inquiry from a third party (internal or external).

 

Let’s get started!  First steps of an investigation.

The investigator will begin by attempting to identify:

  1.  The purpose or goal of the investigation
    • collect evidence that will support a charge or law suit
    • simple collection of evidence or data
    • investigate to assist with compliance or resolution of a dispute
    • help the issue go away
    • mitigate future risk
    • other
  2. The scope of the investigation
  3. The proposed timeline for deliverables
  4. Potential challenges and their solutions
  5. Required resources
    • what data sources need to be accessed
    • any special equipment needed
    • special investigative strategies or techniques required
  6. Budget
  7. Timeline on reporting

 

An initial file should include the following practical information:

  • client contact info
  • summary of what is to be investigated
  • details of individual targets and locations
  • budget
  • timeline
  • reporting timeline and methodology

This process can vary greatly depending on the sophistication, size and operations of an individual agency.  It is the responsibility of an investigator in their due diligence to gather required information.

 

Some Common Types of Investigations

  • background checks (persons, places)
  • due diligence
  • insurance claims
  • loss prevention
  • environmental incidents
  • locating people
  • asset tracking
  • criminal acts
  • intellectual property/copyright

20.1 LEARNING OUTCOMES

Private Investigators are required to make quick decisions in a variety of situations and must utilize good judgment. They need to recognize and appropriately handle ethical dilemmas relating to diversity, cultural differences and contemporary social problems, as well as be familiar with the PSISA Code of Conduct and the concept of Duty of Care.

The professionalism and ethics used by investigators is constantly scrutinized by courts and others who must determine the outcomes of evidence obtained by investigators.  This module will provide an overview of the key principles and relevant legislation that governs investigators.

Specifically, we will cover these topics:

  • Defining Ethics and Professionalism
  • Approaches to Ethics
  • Ethical Decision Making
  • Ethics and Professionalism in Organizations
  • Core Principles of Professionalism and Ethics
  • Codes of Conduct & Duty of Care
  • Complaints Process
  • Provincial and Federal Privacy Legislation
  • PIPEDA
  • Prejudice, Discrimination and Harassment

20.2 ETHICS

Ethics, sometimes referred to as moral philosophy, refers to good or bad conduct.  It is a branch of philosophy that involves defending and recommending concepts of right and wrong behaviour.  Ethics are concerned with your duties as a professional and are often reflected in Codes of Conduct.

It is useful to provide a few definitions that we will use in understanding ethical decision making here:

Moral issue – is present where a person’s actions, when freely performed may harm or benefit others.  The decision to be made or action to be taken must have consequences for others and must involve choice, or volition, on the part of the decision maker.

Moral agent – is a person who makes a moral decision, even though he or she may not recognize that moral issues are at stake.

Ethical decision – is defined as a decision that is both legal and morally acceptable to the larger community.  Conversely, an unethical decision is either illegal or morally unacceptable to the wider community.

 

Ethical decision making is critical for private investigators as they explore the details of people’s private lives and learn sensitive information.  Decisions that investigators make impact people’s lives, and not always for the better.

 

Approaches to Moral Issues

Sometimes, a moral issue is problematic and not obvious, especially when we do not base decisions on fact.  Facts alone however, do not always present us the entire picture.  Below are brief explanations on five approaches to values when dealing with moral issues.

1.) The Utilitarian Approach

Jeremy Bentham and John Stuart Mill conceived the concept of Utilitarianism in the 19th century to help legislators determine which laws were morally superior.  The basic premise of Utilitarian Ethics is that actions that provide the greatest balance of good over bad are the best ethical or moral choices.  The Utilitarian approach to analyze an issue would include:

  • Identify the various courses of actions available.
  • Ask who will be affected by each action and what benefits or harms will occur from each.
  • Choose the action that will produce the greatest benefits and the least harms.

2.) The Rights Approach

This approach is rooted in the philosophy of 18th century thinker Immanuel Kant, who focused on the individual’s right to choose for themselves.  He believed that the right to choose gives an individual dignity and freedom.  If this right to choose was taken away, it would be moral violation.

Additionally, other rights exist that are complementary:

  • the right to the truth
  • the right to privacy
  • the right not to be injured
  • the right to what is agreed

Under this approach, we must ask ourselves, “Does the action respect the moral rights of everyone?”

3.) The Fairness or Justice Approach

Aristotle, the ancient Greek philosopher said, “equals should be treated equally and unequals unequally.”  This approach poses a similar question: How fair is an action?  Does it favor some and not others?

This approach focuses on discrimination and favoritism and what they mean when applied to people.

4.) The Common Good Approach

This approach is rooted in the writings of many philosophers, from Plato to modern day Ethicist John Rawls who focus on an individual’s choice benefiting the wider society.  Using this approach, our choices would not only benefit the individual but also social policy, public safety, peace, etc.

5.) The Virtue Approach

This approach suggests that character traits such as courage, compassion, honesty, patience etc. are developed over time and guide decision making.  If guided by these virtues, the approach suggests, ethical decisions will come.

 

These approaches are useful once an investigator has established some facts.  They can then ask themselves some of these questions to better guide their ethical decision making.  As an example, let’s take a look at the United States Department of Defense’s “Ethical Decision Making Plan” offered to its employees:

  1. Define the problem.
    • State the problem in general terms.
    • State the decisions to be made.
  2. Identify the goals.
    • State short-term goals.
    • State long-term goals.
  3. List the appropriate laws or regulations.
  4. List the ethical values at stake.
  5. Name all the stakeholders.
    • Identify persons who are likely to be affected by a decision.
    • List what is at stake for each stakeholder.
  6. Gather additional information.
    • Take time to gather all necessary information.
    • Ask questions.
    • Demand proof when appropriate.
    • Check your assumptions.
  7. State all feasible solutions.
    • List solutions that have already surfaced.
    • Produce additional solutions by brainstorming with associates.
    • Note how stakeholders can be affected (loss or gain) by each solution.
  8. Eliminate unethical options.
    • Eliminate solutions that are clearly unethical.
    • Eliminate solutions with short-term advantages but long-term problems.
  9. Rank the remaining options.
    • Rank the clearly ethical options according to how close they bring you to your goal, and solve the problem.
  10. Commit to and implement the best ethical solution.

 

Our perceptions of what is true and just is related to a concept known as Situational Awareness.  It is created by our senses, our experience and our intuition.  As we take in information, our understanding of a situation develops.  Remember it is critical that investigators use and disclose this information in ethical and legal ways.

 

Core Principles of Ethics

As a professional private investigator, there are some core principles which guide you in your professionalism and ethical decision making such as:

  • Act ethically
  • Demonstrate high standards of competence
  • Be motivated by professional objectives rather than personal
  • Treat colleagues and clients with dignity and respect
  • Encourage others to act ethically
  • Avoid the use of prejudice, discrimination and bias
  • Act as a mentor to others
  • Be punctual
  • Demonstrate teamwork
  • Report unethical behaviour

 

Guidelines for conducting ethical investigations include:

  1. Constantly testing your decisions against the ethical rules.
  2. Knowing and understanding your own biases.
  3. Understanding your legal authority to conduct an investigation and the legal scope or range of that investigation
  4. Maintaining control of the investigative process and the evidence obtained in light of the legal authority and scope of the investigation.

20.3 PREJUDICE AND DISCRIMINATION

In your line of work as an investigator, you will receive information from people that may be tainted based upon their personal prejudices.  It is important for investigators to at least be aware of this, therefore an overview of concepts and their application is of use.

Legally, investigators must comply with the PSISA Code of Conduct and the Ontario Human Rights Code and are obligated to treat all people equally and without discrimination.

Prejudice

Refers to negative, often unconscious and preconceived notions about others.  Prejudice arises because of our tendency to prejudge others or situations for imposing definition and order on the world around us.  Therefore, prejudices are based on thoughts.

Discrimination

Discrimination consists of the process by which prejudices are put into practice.  Therefore, discrimination are actions.

Stereotyping

Generalizations about others, both unwarranted and unfounded on the basis of available evidence.  Stereotyping reinforces a universal tendency to reduce a complex phenomenon to simple explanations that are generalized for a whole category without acknowledging individual differences.

 

These concepts are found during investigations and can certainly apply when violence is involved against people in relationships.  A subject may abuse another by various emotional and psychological means, for example:

Emotional abuse

Telling an individual that they lack intelligence, are not attractive or are under achieving.

Psychological abuse

Insulting an individual in public; humiliation.

Intimidation

Threatening to leave the person or embarrass them.  Destroying household objects (sending a message of violence).

Using children

Threatening to take children away or blaming an individual for children’s behaviour.

Isolation

Preventing someone from seeing friends, family or socializing.

Economics

Controlling the finances, preventing another from working or upgrading their skills.

 

In 1983, the government of Canada updated the Criminal Code making it easier for police to assist victims of domestic violence and to prosecute perpetrators.  Investigators can find themselves assisting police in these types of cases because their may be human resources or labour elements to the relationship.  New legislation was enacted in 1994, whereas new criminal harassment law was added to the Criminal Code under section 264.  Please review here:

https://laws-lois.justice.gc.ca/eng/acts/c-46/section-264.html

There are three critical elements in criminal harassment legislation that must be proven in order to prosecute successfully:

  1. Is there sufficient conduct?
  2. Are the behaviours done “knowingly” or “recklessly”?
  3. Does the victim fear for their safety?

20.4 CODE OF CONDUCT AND DUTY OF CARE

Code of Conduct

Under Part 8: Regulations, of our PSISA is Ontario Regulation 363/07: Code of Conduct.

This regulation defines what kind of behavior is appropriate or inappropriate for Private Investigators to display while they are working. Investigators will find that respecting the Code of Conduct is, in most cases, a matter of common sense – Investigators are expected to treat members of the public in a respectful and professional manner. For instance, Investigators must:

  • Act with honesty and integrity
  • Respect and use all property and equipment with the conditions of his or her license
  • Comply with all federal, provincial and municipal laws AND refrain from behaviour that is either prohibited or not authorized by law
  • Treat all persons equally, without discrimination based on a person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability
  • Refrain from using profane, abusive or insulting language or actions, or actions that are otherwise uncivil to any member of the public AND refrain from exercising unnecessary force
  • Respect the privacy of others by treating all information received while working as a Private Investigator or Security Guard as confidential, except where the disclosure is required as part of such work or by law
  • Co-operate with the Police where it is required by law
  • Not be working, while unfit for duty from being under the influence of alcohol or drugs
  • Not to conspire with another person or aid or abet another licensee in a breach of this Code of Conduct AND willfully or negligently make a false statement or complaint against another licensee
  • Not to misrepresent to any person the type, class or conditions of his or her license

 

 

Private Investigators need to be familiar with the concept of duty of care (what a reasonable person should do in a particular situation) and be capable of securing and protecting a crime scene until the appropriate personnel arrive.  It is not necessary for examination that you can recall the legal details, just the main ideas.

Duty of Care

In English tort law, an individual may be owed a duty of care by another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the duty-ower, to compensate the victim for any losses they incur. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. Its origins can be found in the case of Donoghue v Stevenson, where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence.

Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. This includes common activities such as driving (where physical injury may occur), as well as specialized activities such as dispensing reliable economic advice (where economic loss may occur). Where an individual has not created a situation which may cause harm, no duty of care exists to warn others of dangerous situations or prevent harm occurring to them; such acts are known as pure omissions, and liability may only arise where a prior special relationship exists to necessitate them.

The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case. There are two ways in which a duty of care may be established:

♦ the defendant and claimant are within one of the ‘special relationship’; or

♦ outside of these relationships, according to the principles developed by case law.

There are a number of situations in which the courts recognize the existence of a duty of care. These usually arise as a result of some sort of special relationship between the parties. Examples include

♦ one road-user to another

♦ employer to employee

♦ manufacturer to consumer

♦ doctor to patient

♦ solicitor to client

The Neighbour Principle

The notion that an individual may be owed a duty of care by another, despite there being no prior relationship or interaction, was established at common law in the case of Donoghue v Stevenson, in 1932. Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods. Mrs Donoghue’s claim for damages for gastroenteritis and nervous shock were allowed, where a ginger beer manufacturer had negligently allowed a snail into a bottle, which she had consumed. Lord Atkin established liability on the basis that a neighbour principle existed between the two parties, to ensure reasonable care was taken in the production of the ginger beer, so as not to cause Mrs Donoghue any unreasonable harm:

There must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. … The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer’s question: Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question

Lord Atkin’s speech established a neighbour principle, or a general duty that individuals must take reasonable care in their actions or omissions, so as not to cause harm to others proximate to them. It did not matter that Mrs Donoghue was unidentified or unknown to the manufacturer; as the type of harm which occurred was foreseeable through the negligence of the ginger beer manufacturer.

The Anns Test

Following the firm establishment of the neighbour principle in negligence, it became clear in subsequent years that it did not represent an easily applicable approach to new forms of duty, or to unprecedented situations of negligence. As such, new categories of negligence evolved, as in Hedley Byrne & Co Ltd v Heller & Partners Ltd, to cover different types of negligent acts, rather than a coherent doctrine or ratio being taken from Donoghue v Stevenson. Some thirty years after Donoghue was decided, in Home Office v Dorset Yacht Co Ltd, Lord Reid stated judicially that: “the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.” It was not until the case of Anns v Merton London Borough Council however, that the neighbour principle was adopted in a formal test for negligence. The case involved the negligent construction of a block of maisonettes, commissioned by the Merton London Borough Council. The flats, finished in 1972, had poorly constructed foundations, resulting in sloping of floors, and cracks in the walls. The lessees of the maisonettes sued the council in negligence, alleging a duty of care existed for the building to be properly constructed and in a usable state.

In rejecting the previous evolution of duty of care, a categorical approach where a claim would have to fit under previous situations a duty had been found, the House of Lords unanimously found a duty to exist. The test established by Lord Wilberforce – known as the Anns test – imposed a prima facie duty of care where:

  • A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage, such that carelessness on the part of the former is likely to cause damage to the latter;
  • There are no considerations relevant which may reduce or limit the scope of any imposed duty.

The Three Stage Test

Following the establishment of the two stage test for a duty of care, there was a marked judicial retreat from the test, which was widely seen as being too inclusive, and being too easily applicable to cases which might be contrary to public policy. The test was formally overruled in Murphy v Brentwood District Council, where the House of Lords invoked the Practice Statement to depart from the Anns test. The resultant test for a duty of care – which remains good law today – can be found in the judgments of Caparo Industries plc v Dickman. A large criticism of the Anns test had been that it combined the test for proximity of relationship with forseeability of harm. Whereas Lord Atkin’s neighbour principle emphasized a need for both a proximate relationship, as well as a forseeability of harm, the Anns test did not make such a clear distinction. Richard Kinder has stated that this led the courts to sometimes ignore relevant policy considerations, and to encourage “lazy thinking and woolly analysis.” The resounding test attempts to reconcile the need for a control device, proximity of relationship, with forseeability of harm. Lord Oliver’s speech in Caparo Industries plc v Dickman surmises the test for a duty of care:

  • The harm which occurred must be a reasonable foreseeable result of the defendant’s conduct;
  • A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage;
  • It is fair, just and reasonable to impose liability.

In reintroducing the need for proximity as a central control device, it has been stated that these three stages are ‘ingredients’ of liability, rather than tests in their own right. For example, liability can arise between complete strangers, where positive acts involving foreseeable physical harm occur; where negligent omissions and misstatements occur however, it is necessary to show a proximate relationship, as well as a forseeability of harm.

 

Status of the claimant

The status of the claimant in an act of negligence can result in a duty of care arising where it would not normally – as is the case with rescuers – or prevent a duty of care existing altogether. Claims that a doctor may owe a mother a duty of care to advise against child birth, and claims that police may owe an individual involved in criminal behavior a duty of care, have been barred. InMcKay v Essex Area Health Authority, a child’s claim that a doctor should have advised his mother to seek an abortion was struck out; Whilst the Congenital Disabilities (Civil Liability) Act allows a course of action where negligence is the cause of a disability, wrongful life has remained barred for policy reasons. Similarly, where a criminal attempted to escape police capture inVellino v Chief Constable of the Greater Manchester Police, his claim that they owed him a duty of care not to let him escape after they had arrested him was branded ‘absurd’.

Rescuers

It has been established at common law that those who attempt rescue are owed a duty of care by those who create dangerous situations, in which it is foreseeable rescuers may intervene. This duty can apply to professional rescuers – such as doctors or lifeguards – as much as ordinary individuals, and may even apply where the rescuer engages in a careless or reckless rescue attempt. The basis for this liability was first recognised in Haynes v Harwood. Here, a child who threw a stone at a horse, causing it to bolt, was liable to a policeman who attempted to stop it subsequently, and was injured. The duty was confirmed in the later case of Baker v T E Hopkins & Son Ltd, with Wilmer LJ stating that:

Assuming the rescuer not to have acted unreasonably, therefore, it seems to me that he must normally belong to the class of persons who ought to be within the contemplation of the wrongdoer as being closely and directly affected by the latter’s act.

The duty of care owed to a rescuer is separate from that owed to those he is rescuing. Where individuals trespassed onto a railway line, putting themselves in danger, they were not owed a duty of care; however, the stationmaster who attempted rescue and was fatally injured was owed a duty of care, as it was foreseeable he would attempt a rescue. Equally, a duty of care may arise where an individual imperils himself, and a rescuer is injured, despite the individual clearly owing himself no duty of care.

 

Duty of care for omissions

Generally, no duty of care may arise in relation to pure omissions; acts which if taken would minimize or prevent harm to another individual. However, where an individual creates a dangerous situation – even if blamelessly – a duty of care may arise to protect others from being harmed. Where an individual left his car without lights on at the side of a carriageway, he owed a duty of care to other drivers, despite the road being well lit, and was thus jointly liable when another driver collided with his car.

There are however certain circumstances in which an individual may be liable for omissions, where a prior special relationship exists. Such a relationship may be imposed by statute; the Occupiers’ Liability acts for example impose a duty of care upon occupiers of land and properties to protect – in as far as is reasonable – others from harm. In other cases, a relationship may be inferred or imposed based on the need to protect an individual from third parties. In Stansbie v Troman a decorator failed to secure a household he was decorating, resulting in a burglary while he was absent; it was found he owed a duty to the household owner to adequately secure the premises in his absence. An authority or service may equally owe a duty of care to individuals to protect them from harm. In Reeves v Commissioner of Police of the Metropolis, the police were found to have owed a duty to a prisoner – who was known to be a suicide risk – to ensure he did not commit suicide in their custody. Authorities have also been found liable for failing to protect against the risks of third parties, in certain circumstances. An education authority was found to owe a duty of care to motorists to protect against the risk of young children in a public road; a driver was injured when forced to swerve, after a four year old child escaped and ran into the path of oncoming traffic.

21.1 LEARNING OUTCOMES

Upon completion of this module, students will learn the importance and various strategies of nonverbal communications and of course verbal communications.  Report writing and guidelines on giving formal testimony will also be discussed.  The following is a list of topics covered:

  1. Demonstrate the key components of effective verbal communication.
  2. Demonstrate how to apply tactical communication techniques in challenging, aggressive and/or threatening situations.
  3. Demonstrate effective communication skills.
  4. Demonstrate effective defusing skills.
  5. Describe the differences between types of reports such as administrative, client-directed, investigative and Crown Counsel.
  6. Demonstrate the ability to write a detailed investigative report.
  7. Demonstrate how to write accurate field notes.
  8. Describe the proper use of the International Phonetic Alphabet
  9. Demonstrate appropriate techniques for providing testimony at administrative, regulatory and/or criminal proceedings.

21.2 COMMUNICATION SKILLS

Communication skills are the keys in the investigator’s tool kit. Spend time learning to communicate, especially if your skills are below par. Good communications include feedback from the individuals you are communicating with. Be aware of body language and non-verbal cues such as posture, eye contact, mannerisms and other physical actions that may indicate whether or not your message is getting across, or if the individual understands what you are saying.

If your subject is constantly looking around and fidgeting, they may not understand what you are saying. You must capture their attention with your communication by adjusting your style of language and your own body language to suit the situation. Similarly if you are communicating with those of a particular demographic or culture, adjusting your style of communication to suit what they are comfortable with can ease friction and allow for better understanding between the parties involved.

Remember that 90% of our communication is non-vernal and only about 10% is verbal.

 

Harassment and discrimination

Harassment is a serious matter. It can be grounds for a criminal charge. Therefore Private Investigators must resist the temptation to make any comments or jokes that might be taken as sexual harassment or discrimination. Women and men are equally capable of carrying out the duties of their jobs and should be treated as such. When dealing with either a team member or a suspect of the opposite gender, remember to respect their position as a person above all. Sometimes people make assumptions based on whether the suspect is male or female. This is not only wrong, it is discrimination.

Women may resort to violence and there are times when men are not the aggressor. Nevertheless, male violence towards women occurs at a higher rate. If you are placed in a situation where you have to deal with violence between two people in any combination of genders, carefully consider the situation before attempting to draw your own conclusions and treat both the injured party and the aggressor with equal respect. It is unacceptable to make comments of a sexual nature to your own co-workers regardless of their gender.

Under the Canadian Charter of Rights and Freedoms every Canadian has a right to expect to be treated with equal respect. Remarks directed to a person’s race, gender, sexual orientation, or religious identity are completely unacceptable in the workplace and have no place in your notes except as identifying characteristics. You may, for instance, say a suspect is female and appears to be of Asian descent, but you may not say someone looks gay or is obviously a bad driver based on their race or gender. Likewise, it is unacceptable to make comments about sex, racial biases, or religion to your co-workers. Canada does not support bigotry in any form. As Canadians, we consider our multiethnic and multiracial identity to be one of the defining strengths of our nation.

Culture and/or religious differences often create misunderstandings between individuals. In some Asian and African cultures it is not considered polite to make eye contact, especially with authority figures. Other cultures may prohibit open discussion between males and females. Some religions require specific modes of dress or behavior on particular days. It is unrealistic for you to assume an awareness of all the many cultural, religious, and linguistic variations that colour Canadian society, therefore the Guard must be willing to offer respect to all individuals you encounter on your patrols, regardless of how foreign their language or behavior may seem to be. In Canada, most people will try to speak either French or English. If you encounter individuals who are not capable of communicating in either official language, look for help. They may have a friend or family member nearby who can translate for you or there may be someone working on the site with knowledge of their language. If you do your best and if you do it respectfully, you are unlikely to go wrong.

 

7 Steps for Effective Communication

  1. Watch your nonverbal language if you cannot effectively communicate through words.
    • maintain good posture which shows respect for you and the other
    • ensure your facial gestures show that you are paying attention
    • refrain from showing frustration or anger which will make communicating even more difficult.
  2. Use plain language and avoid slang or complicated words.
  3. Stay focused on the conversation.
  4. Ask one question at a time and allow the person plenty of time to respond.
  5. Use alternative methods of communication if possible:
    • written comms may be effective
    • simple gestures can reinforce an idea
  6. Check for understanding throughout the conversation.
  7. Patience!  Allow the person lots of time to figure out how to answer you.

 

When dealing with those who are uncooperative, you must be aware of your own personal “triggers” which can escalate these situations.  Your personal triggers may include disrespect, sarcasm, interrupting, profanity, bullying or entering your “personal space”.  Make no mistake, we have all encountered these people in our personal and professional lives, but in terms of being an investigator, it is critical to be very aware of your triggers and how to handle them effectively.  Some strategies could include:

  • Putting an end to the conversation.
  • Changing the topic/subject back to the one at hand.
  • Redirecting their speech by asking them questions they will want to answer, such as: “have you come here before?”  This also buys you time.

 

As a general rule there are two ways a hostile person will vent his/her aggression or hostility: verbally and physically. Identifying which type of acting-out the subject is expressing, is one of the essential tenets of managing aggressive behaviour which at first seems obvious, but upon closer examination is a critical key to intervening. Clarification of this point allows the Investigator to begin formulating concrete guidelines regarding the procedure utilized during interventions.

These two types of “acting out” behaviours often become somewhat muddled or confused and are not separated from each other. This leads to inappropriate actions on the part of the Private Investigator intervening in the situation. The first principle which must be established is: Avoid overreaction and under-reaction. Use verbal intervention when a person is verbally acting-out, and use physical intervention when a person is physically acting-out.

Things to keep in mind when dealing with difficult or angry people

  • Remain calm and show a willing listening attitude;
  • Acknowledge that the person has a right to complain;
  • Never argue – be conscious of tone, volume, cadence, facial expressions, posture, gestures, body language, and other nonverbal communications cues;
  • Admit errors;
  • Apologize, if warranted;
  • Avoid blaming;
  • Follow policies of client when trying to deal with a complaint;
  • Refer to others if the complaint is beyond your ability to deal with, or would be better directed elsewhere.

 

Intentional Deception?

Trying to spot if someone is lying to you is not as easy as you may think.  Here is a look at some of the common perceived signs that someone is lying and address some considerations:

  • Eye Contact: If he isn’t looking me in the eye he’s hiding something.  Well not necessarily.  Some people are shy, some may perceive a power imbalance (age/authority), or it may be cultural.
  • Body Posture: The way someone folds their arms, legs or holds their head are indicators of deception.  Consider that there are way too many reasons why people sit or stand the way they do for you to deduce that they are being deceptive.
  • Type of Verbal Response: Their intonation and indirect response is deceptive.  People process information (questions) differently and respond differently.  You also are not accustomed to how this person would normally respond.

Bottom line…don’t jump to conclusions!

 

The Phonetic Alphabet

Investigators, police and private security among others, use the phonetic alphabet to avoid confusion when communicating important information.  You should know the following:

A – alpha

B- bravo

C – charlie

D – delta

E – echo

F – foxtrot

G – golf

H – hotel

I – India

J – juliet

K – kilo

l – lima

M – mike

N – november

O – oscar

P – papa

Q – quebec

R – romeo

S – sierra

T – tango

U – uniform

V – victor

W – whiskey

X – x-ray

Y – yankee

Z – zulu

21.3 INTERPERSONAL SKILLS

There are the times when you will deal with an individual who is trying to challenge your authority and the boundaries which have been established by your client. Your first tactic should be to use your verbal communication skills (enhanced by appropriate nonverbal communication) to resolve the situation. A method known as LEAPS comes from a communication style known as Verbal Judo (Thompson, 2004) and is intended to be used for gaining cooperation and compliance.

When using LEAPS, you take all of the action steps above, using them in the order they are listed. It may seem like a time-consuming process, but you can practice LEAPS in your everyday life and after doing so for some time, it will become an instinctive process for you. Taking a little extra time to use the LEAPS method in your communication may save you the amount of time it takes to resolve a situation which escalates further out of control.

“L”isten

Be an “active listener” while the individual is talking to you.  Active listening is, quite simply, paying full attention to the speaker. This means you are hearing each word being spoken in addition to paying attention to any non-verbal communication. When you are actively listening, it is obvious to the speaker you are paying attention and, therefore, respected. In some cases, respectfully listening while the speaker presents his or her case may be enough to gain the compliance you seek. Here are some tips for active listening:

  • Make eye contact with the speaker
  • Nod or acknowledge certain points, when appropriate, to show you are paying attention
  • Do not “tune the speaker out” by looking around or by paying attention to other distractions (e.g., flipping through your notebook, saying hi to other passersby, or looking at your watch)
  • Do not interrupt; if you did not understand something, wait for the speaker to pause, then ask for clarification

 

“E”mpathize

To empathize with other people is to try to understand the situation from their perspective.  This is not the same as being persuaded to feel the same way they do.  For example, you may be on duty at a scene where a fire is occurring inside a public building.  An individual may try crossing the perimeter barrier because they believe a close friend may be in danger.  Your orders are to keep all non-emergency personnel from entering.  You may tell this to the individual who is trying to gain access and they may ignore you, or become upset when you prevent them from entering.

To empathize with this individual, you may try to imagine how afraid they are feeling about the situation and it might help you understand how his or her judgment is being affected by fear. You would not change your mind about permitting access, nor allow the individual to enter. Instead, you would show empathy by saying,

“I understand you are probably very worried about your friend and you want to find out if everything is okay. If I let you go inside, I could be putting you in a place of danger, or, I could be putting you in the way of the people who are here to help. Neither of these situations will help your friend. I know it is very hard for you to wait and wonder, but the best way you can help is to wait out here, where it is safe.”

It stands to reason, however, that it may be difficult for you to empathize with the speaker. You may encounter an individual who is stealing items for the purpose of selling the goods in exchange for money to buy drugs. This may be very offensive to you and you may struggle to find a way to see the situation from the other person’s perspective. Try not to focus on the motivation (drugs) and instead, view the individual as a person who sees no other options and feels they are in a desperate position. You may find it easier to relate in that way.

Again, empathy is not the same as feeling sorry for someone; it is simply trying to figure out why the person is behaving in a certain way so that you can use that understanding to develop an effective communication plan.

 

“A”sk

Make sure you understand what the other person is saying to you. There is nothing wrong with asking the individual to repeat something you could not hear or to clarify something you do not fully understand. Be polite; the person may already be aggravated by the circumstances and you do not want your questions to add to the individual’s level of frustration. When asking for clarification:

  • Do not make the person feel stupid or inept; try saying “Will you please say that again? I was unable to understand you clearly.”
  • Be clear as to what you need clarification for; the individual may question whether or not you were even listening if you are not specific as to what information you are asking for.

“P”araphrase

When you paraphrase, you are taking what the speaker said and repeating it back using your own words. There are two advantages to doing so; it shows the speaker you were listening, and you are able to double check you have understood correctly. Many times, misunderstandings which occur during communication can lead to greater conflict. Paraphrasing will help minimize this risk.

 

“S”ummarize

At the end of the conversation you should summarize what has been discussed, including repeating any action steps which you or the speaker will be taking. For example, if you have denied access to an individual who failed to produce the right ticket to an event, you may summarize as follows:

“Just so we are both clear, I am not able to allow you entrance to the floor seating because you do not have the proper ticket. You have told me you have the right ticket but it is with your girlfriend, who is already in the seating area. You are going to move to the side and call your girlfriend on her cell phone and she will meet you here, with your ticket. Once I am able to confirm you have the right ticket, I will admit you to the seating area. Do you understand?”

By summarizing, you have made your expectations clear and you have provided options (e.g., get the ticket back from the girlfriend or sit in another area) to the individual. It also provides a polite signal that the matter is no longer up for discussion.

 

 

Interpersonal skills are sometimes referred to as people skills or communication skills. Interpersonal skills involve using skills such as active listening, tone of voice, delegation, and leadership. It is how well you communicate with someone and how well you behave or carry yourself.

The term “interpersonal skills” is used often in business context to refer to the measure of a person’s ability to operate within business organizations through social communication and interactions. Interpersonal skills are how people relate to one another.

Investigators often interact with a variety of individuals during the course of their duties. Their conduct is vital to the professional image of the investigations industry as a whole. Investigators should be able to scan for potential problems and act in a preventative way to avoid escalation of events.

Being courteous and professional are always essential and help to establish rapport and build trusting relationships. Strong interpersonal skills also allow Investigators to relate well to others and prevent or diffuse difficult situations.

 

When you are Respectful

  • You like yourself and treat yourself well;
  • You treat others as you wish to be treated;
  • You understand that it is important to follow laws and orders;
  • You respect the property of others.

When you are Reliable

  • You can be depended on to do your duties to the best of your ability;
  • You can take control and stay calm in emergencies;
  • You are on time.

When you are Honest

  • You tell the truth;
  • You take responsibility for your actions, instead of blaming others;
  • You can be trusted to keep information to yourself.
  • You are sincere.

When you are Principled

  • You believe in treating everyone fairly;
  • You speak out if you see someone being treated unfairly.

 

The following are ways in which Investigators demonstrate that they are acting with integrity:

  • By obeying all company and worksite rules, and orders;
  • By obeying all laws of the federal government, the province, and the municipality;
  • By setting an example;
  • By being reliable, punctual, and professional;
  • By carrying out all duties in a professional manner.

21.4 REPORTS

When working in the field, an investigator will want to keep shorthand notes, or field notes, in a small notebook.  These notes will aid you in preparing a formal report later and can be  referred to when giving testimony to refresh your memory.  Field notes are often kept in a similar format to a Security Guard’s “memo book”.

Investigators may receive a subpoena and be called upon to testify in court in relation to a case they have knowledge of.  It is permissible when on the stand to refer to one’s field notes so it is critical they are kept as neat and accurate as possible.

 

Field Note Rules

The criminal court standard for writing field notes is very high.  Essentially, the courts want to see that notes are taken as soon as is practical, written in a style that demonstrates investigative integrity and are not subject to misunderstanding.  Some common rules include:

  • make sure notes and observations are recorded as soon as possible.  A digital recorder may assist in retaining information until the notes can be made, but the recorder should not solely be relied upon as batteries drain and malfunctions occur.
  • use black ink (it photocopies better)
  • include date, location and file reference
  • use only one notebook at a time
  • write notes in chronological order
  • use the 24hr clock
  • spell names legibly using block capitals
  • complete each line in the notebook
  • note errors with a single line drawn through the error and the line initialed by the author.  Follow the error with the correction.
  • nothing erased or blacked out
  • no additional notes written above or below lines.  If an explanation is needed, write on a separate line and indicate the reference
  • upon reviewing your notes, if you realize missing information, enter it at the time of your recollection
  • no personal notes
  • no notations that may have an impact on the  integrity of the investigation (personal opinions)
  • pages numbered
  • notes entered in a bound book where removal of pages would be obvious

 

Who Else Can Refer To Your Notes

Co-investigators: providing they were present and witnessed what you witnessed.  They can also sign your notes in this case.

Individual who have given you verbatim statements: Write their statement exactly as they have told you and have them sign it.  They can refer to those notes at trial.

Legal Professionals: lawyers and judges may ask to see your notes if you use them to refresh your memory.

You: As per above, you must also ask permission prior to doing this.

 

Report Writing & Types

Administrative Reports

These are shorter and less formal reports that do not require complete paragraphs.  They may be fill-in the blank and concern day to day organizational tasks including equipment checks, vehicle checks or expense claim forms.

Operational Reports

Full sentence and paragraph structure or point form.  An interview may be written in this format.

Surveillance Report

This should always include identifying information at the beginning of each report as follows:

  • Subject Name
  • File Number
  • Date and Time
  • Other key variables (weather, equipment used, location etc.)

Formal Report

Almost always written in complete sentence and paragraph form, these will be very detailed and contain sections with headers.  Crown Counsel reports are an example of this type of report.

 

Hearsay Evidence and its Role in Reports

It is critical for an investigator to distinguish between admissible and hearsay evidence for the content of their reports.  Remember that hearsay evidence is third party evidence and is not considered by Canadian courts as admissible as direct evidence.  For example someone overhearing someone else’s conversation, or an assumption that someone did something based on prior behaviour would be hearsay and should not enter a report.

Rules around hearsay arise mostly from criminal courts such as:

  • Reports need to include verifiable evidence.  Opinions, conjecture and assumptions should not be included, and if they are, the reader should be made aware that they are not facts.
  • If a witness