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On November 12, security agents violently overpowered a 16 year old screaming girl in Guildford town centre, Surrey, after her family said she had been falsely accused of shoplifting.

Videos posted on social media show the teenager being forcibly restrained with her hands twisted behind her back and zipper tied, and her feet held to the ground by security officers from Paladin Security, a private security company.

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Guards initially accused her of shoplifting at Victoria’s Secret, but when she agreed to let them search her and her bag, nothing was found, her family said. The guards arrested her shortly after.

Indigenous leaders have called for a formal apology and an independent investigation and accused the private security company of racially profiling Indigenous people. The RCMP is investigating.

Here’s what you need to know when dealing with private security guards.

Can security officers arrest people?

Yes. Canadian law allows any Canadian to make a citizen’s arrest – although the government recommends that people call the police instead of taking action himself.

“Citizen’s arrest is a very serious and potentially dangerous undertaking,” the Justice Department wrote. his website.

Private security guards can arrest people under the same law.

Under the citizen’s arrest law, arrests generally can only be made if a person is caught committing a crime or attempts to flee immediately afterward. The law allows the use of force as much as necessary to make an arrest, but the person making the arrest is criminally responsible for any excessive use of force.

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“I wouldn’t recommend it,” Veronica Martisius, a lawyer for the BC Civil Liberties Association, said of citizen’s arrests.

Are they allowed to handcuff you or restrain you with straps?

British Columbia’s Security Services Regulation, which covers the private security sector, states that private security “must not use unnecessary force” and “shall treat all people equally, without discrimination.”

“I don’t really think it’s necessary” under the law, Martisius said of security guards using zip ties on the teen.

“Even if they can arrest an individual, they have to make reasonable efforts to contact police,” Martisius said.

Guidelines from the federal Department of Justice say people should “avoid the use of force, if possible, and use it as little as possible otherwise” when carrying out a citizen’s arrest.

How are security guards different from the police?

Martisius called private security “quasi-state actors” and said they “should not arrest anyone unless they can articulate a valid legal reason to do so.”

Generally, police officers can arrest people seen committing a crime, suspected of committing a crime, or committing a misdemeanor while driving. Unless a person has been arrested by the police, they are free to leave.

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But private citizens, including security officers, should only consider arresting people found committing a crime or immediately afterward, according to the Justice Department, but it recommends against doing so.

What type of training do they need?

In British Columbia, security guards must have a high school diploma, a British Columbia driver’s license and a British Columbia security worker license, which requires obtaining a certificate of basic safety training British Columbia Institute of Justice or an approved school.

This 40-hour program covers ethics, legal studies, documentation and personal safety. The course can be taken online and students must score 70 percent or higher on a multiple-choice exam to pass.

Was the force used against the teenager proportionate to the danger she posed?

No, according to Martisius.

“I did not witness the sequence of events, but I believe that because she was willing to engage and gave consent to the search, which revealed that she had no stolen items in his possession, that would have been the end of the interaction,” Martisius said.

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On Wednesday, Paladin Security released a statement to Postmedia saying: “We are working transparently with Surrey Police on the events leading up to what is seen in the video and are conducting an internal investigation to ensure our team’s response meets our procedural expectations. and training standards.

What can I do if private security services abuse their authority?

Several options are available to people who believe their rights have been violated by private security guards.

“There is a complaints mechanism built into B.C.’s security services regulations. There is also the Human Rights Code,” Martisius said, emphasizing section 8 of the Human Rights Code, which prohibits discrimination in services and accommodation based on Indigenous identity, race, sexual identity and a number of other categories.

The citizen’s arrest law allows criminal liability for excessive use of force. Lawsuits can also be filed for injuries sustained, physical or otherwise.

Abuse of authority by private security companies is not unusual, Martisius said.

“Racial profiling of Indigenous people in stores is very common,” said Martisius, who, along with his partner, is Indigenous.

“I was followed by security agents. My partner was followed by security officers,” she said. “This is not an isolated case. … This is a very common phenomenon.

With a file from Denise Ryan, Postmedia News

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