NCJ Number
49678
Date Published
1975
Length
309 pages
Annotation
LEGAL REGULATION AND CONTROL OF THE PRIVATE POLICING AND SECURITY INDUSTRY IN CANADA ARE EXAMINED, ALONG WITH THE VARIOUS FORMS OF NONLEGAL CONSTRAINT.
Abstract
THE HISTORICAL BACKGROUND OF THE PRIVATE SECURITY INDUSTRY AND OF CONTROLLING LEGISLATION IS PROVIDED. DATA WERE OBTAINED THROUGH RESEARCH AND BY A SURVERY OF PERSONS INVOLVED IN ONTARIO'S SECURITY INDUSTRY, REGULATORY AGENCIES VARY AMONG THE CANADIAN PROVINCES: SOME PROVINCES ENTRUST THE POWER TO THE PROVINCIAL ATTORNEY GENERAL, WHILE OTHERS ARE LEGISLATING TO NAME THE PROVINCIAL MINISTER OF JUSTICE THE INDUSTRY REGULATOR. LICENSING ADMINISTRATION IS CARRIED OUT EITHER THROUGH THE PUBLIC POLICE OR FROM WITHIN THE RESPONSIBLE MINISTRY. THE LICENSEES ARE GENERALLY DETECTIVE OR SECURITY GUARD AGENCIES, INVESTIGATORS OR PRIVATE SECURITY GUARDS. THE FUNCTION OF LICENSING IN THE INDUSTRY IS DISCUSSED, WITH ATTENTION TO ISSUING PROCESS AND REQUIREMENTS. THE AVAILABLE SANCTIONS THAT CAN BE IMPOSED AGAINST LICENSEES INCLUDE PROHIBITIONS, REFUSAL TO RENEW A LICENSE, SUSPENSION, REVOCATION, FORFEITURE OF SECURITY BONDS, AND PROSECUTION. AREAS OF CRIMINAL LAW, TORT AND CONTRACT LAW, LABOR LAW, AND LAWS OF EVIDENCE AFFECTING THE PRIVATE POLICING INDUSTRY ARE REVIEWED, FOLLOWED BY A DISCUSSION OF THE SPECIAL POWERS ENJOYED BY CERTAIN PRIVATE POLICE IN ONTARIO, (I.E., CONSTABLE STATUS AND THE RIGHT TO CARRY FIREARMS). FURTHER RESEARCH IN THE AREA OF REGULATING AND LICENSING THIS INDUSTRY IS RECOMMENDED, ALONG WITH EXAMINATIONS OF THE RELATIONSHIP BETWEEN THE LICENSING AGENCY AND THE MINISTRY, THE PROTECTION OF PRIVACY, AND THE ACCOUNTABILITY OF THE PRIVATE POLICE AND GUARDS. THE APPENDIXES CONTAIN PRIVATE POLICING LEGISLATION SUMMARIES BY PROVINCE, THE SURVEY QUESTIONNAIRE, AND COPIES OF LICENSING FORMS. TABULAR DATA ARE PROVIDED. BIBLIOGRAPHIES CONCLUDE EACH SECTION. (DAG)