NCJ Number
75430
Date Published
1979
Length
202 pages
Annotation
The powers of private security personnel in Canada are discussed in terms of legal constraints.
Abstract
The report begins with a summary of the most important features of the 'quiet revolution' which the development of private security is bringing about in Canada and draws out some of the important implications these changes have for the legal system and its response to problems of order maintenance and social control. The problems posed by the constitutional division of legislative powers in dealing adequately with the question of private security powers are briefly considered. This division of legislative powers predates not only the existence of modern private security but also the establishment of current public police forces. In addition, the Canadian Constitution reflects a categorization of law into public and private law which private security and its related social changes seriously challenge. A detailed analysis of the current laws governing the powers of search and seizure of private security personnel and the legal status of these personnel is presented. Finally, the current policies and practices of private security personnel with respect to search and seizure are examined. The problems arising from these practices, the concepts of private justice behind them, and the relationship of the private and public criminal justice systems also receive attention. Footnotes and a 38-item reference list are provided. Appendixes contain recommendations regarding peace officer status, relevant sections of the Criminal Code, regulations under Alberta's Private Investigators and Security Guards Act, information on shoplifting detention statutes in the United States, and sample search provisions in a collective agreement. (Author abstract modified)