Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
Security guards are privately employed by individuals, companies or organizations and are usually responsible for protecting persons and property (e.g. at a shopping mall or apartment building). They are not members of the local police and their powers are more limited. They do have the authority in certain circumstances to:
Security guards are not allowed to use unnecessary force and, in the vast majority of circumstances, are not permitted to carry or use a handgun. Security guards may use a baton and handcuffs but a baton may only be used by security guards for defensive purposes. The company they work for must be licensed for this and the individual security guard must be trained.
Under the Trespass to Property Act, security guards can ask you to leave specific privately-owned property. They can also ask you to stop doing prohibited acts on the property. If you fail to abide by either request, you can be arrested by the security guard and given a ticket under the Trespass to Property Act. Security guards do not have to give a reason to ask you to leave the private property. However, they are not allowed to ask you to leave based on discriminatory reasons (for example, on the basis of race or religion or age).
In addition to making an arrest for trespassing under the Trespass to Property Act, security guards can also make a “citizen’s arrest” under certain circumstances such as:
Security guards can use reasonable force to arrest you and to hold you until the police arrive. Once a security guard has arrested you, they cannot change their mind and “unarrest” you. When possible, they must give you notice by informing you of the reason for the arrest. They must turn you over to the police as soon as possible. An arrest by a security guard could include any of the following:
If you leave after being arrested, you could be charged with resisting arrest.
Unless you have been placed under arrest, a security guard cannot generally detain you for questioning or further investigation. If a security guard detains you without arresting you, this may be false imprisonment.
You do not have to give your name or show identification to a security guard. They must give you an opportunity to leave the property before arresting you for trespassing.
Be careful about what you say and do when arrested or detained by a security guard. There is a risk that any statement you make or evidence gathered by security guards during your arrest may be used against you in court. Ask if you can speak to a lawyer, and if you are not given the opportunity to speak to a lawyer, then wait until the police arrive and immediately ask to speak to a lawyer.
A security guard can only search you if they arrest you or if they have your permission.
Upon Arrest
Upon arrest, security guards can only search you if it is done reasonably and if guards think you pose a danger and are searching to ensure have no weapons; or it is being done to stop you from destroying evidence.
Security guards’ powers to search are much more limited than those of police officers. In most cases, even if you stole something, the guard should wait until the police arrive and let them conduct a search. You should always discuss the circumstances of a search with your lawyer.
After you give permission
If there are signs in a store stating that people who enter the store are consenting to having their bags searched and you enter the store, then security guards may assume that you agreed to a search.
Security guards cannot threaten you in order to carry out a search. If a security guard searches you illegally but does not arrest you, the evidence can probably still be used against you.
Security guards can also search lockers on private property (e.g. a bus station) without getting a warrant or the consent of the person that rented the locker.
Complaints about the conduct of security guards can be made to the Private Security and Investigative Services Branch of the Ontario government.
You can also make a complaint with the security company that employs the security guard and/or the company that is employing the security company.
Complaints to the Private Security and Investigative Services Branch can be made for allegations where the security guard breached the Code of Conduct or other requirements under the Private Security and Investigative Services Act and its regulations.
You should file your complaint within 90 days after the incident happens. Complaints may be filed after this date but you must obtain consent from the Registrar to do so.
To make a complaint, you must complete and sign a public complaint form and send it to the Private Security and Investigative Services Branch of the Ministry of Community Safety and Correctional Services. Click here for a public complaint form.
To obtain more information on this process, contact:
Private Security and Investigative Services Branch
416-212-1650 (Toronto area) or 1 (866) 767-7454
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
Security guards are privately employed by individuals, companies or organizations and are usually responsible for protecting persons and property (e.g. at a shopping mall or apartment building). They are not members of the local police and their powers are more limited. They do have the authority in certain circumstances to:
Security guards are not allowed to use unnecessary force and, in the vast majority of circumstances, are not permitted to carry or use a handgun. Security guards may use a baton and handcuffs but a baton may only be used by security guards for defensive purposes. The company they work for must be licensed for this and the individual security guard must be trained.
Under the Trespass to Property Act, security guards can ask you to leave specific privately-owned property. They can also ask you to stop doing prohibited acts on the property. If you fail to abide by either request, you can be arrested by the security guard and given a ticket under the Trespass to Property Act. Security guards do not have to give a reason to ask you to leave the private property. However, they are not allowed to ask you to leave based on discriminatory reasons (for example, on the basis of race or religion or age).
In addition to making an arrest for trespassing under the Trespass to Property Act, security guards can also make a “citizen’s arrest” under certain circumstances such as:
Security guards can use reasonable force to arrest you and to hold you until the police arrive. Once a security guard has arrested you, they cannot change their mind and “unarrest” you. When possible, they must give you notice by informing you of the reason for the arrest. They must turn you over to the police as soon as possible. An arrest by a security guard could include any of the following:
If you leave after being arrested, you could be charged with resisting arrest.
Unless you have been placed under arrest, a security guard cannot generally detain you for questioning or further investigation. If a security guard detains you without arresting you, this may be false imprisonment.
You do not have to give your name or show identification to a security guard. They must give you an opportunity to leave the property before arresting you for trespassing.
Be careful about what you say and do when arrested or detained by a security guard. There is a risk that any statement you make or evidence gathered by security guards during your arrest may be used against you in court. Ask if you can speak to a lawyer, and if you are not given the opportunity to speak to a lawyer, then wait until the police arrive and immediately ask to speak to a lawyer.
A security guard can only search you if they arrest you or if they have your permission.
Upon Arrest
Upon arrest, security guards can only search you if it is done reasonably and if guards think you pose a danger and are searching to ensure have no weapons; or it is being done to stop you from destroying evidence.
Security guards’ powers to search are much more limited than those of police officers. In most cases, even if you stole something, the guard should wait until the police arrive and let them conduct a search. You should always discuss the circumstances of a search with your lawyer.
After you give permission
If there are signs in a store stating that people who enter the store are consenting to having their bags searched and you enter the store, then security guards may assume that you agreed to a search.
Security guards cannot threaten you in order to carry out a search. If a security guard searches you illegally but does not arrest you, the evidence can probably still be used against you.
Security guards can also search lockers on private property (e.g. a bus station) without getting a warrant or the consent of the person that rented the locker.
Complaints about the conduct of security guards can be made to the Private Security and Investigative Services Branch of the Ontario government.
You can also make a complaint with the security company that employs the security guard and/or the company that is employing the security company.
Complaints to the Private Security and Investigative Services Branch can be made for allegations where the security guard breached the Code of Conduct or other requirements under the Private Security and Investigative Services Act and its regulations.
You should file your complaint within 90 days after the incident happens. Complaints may be filed after this date but you must obtain consent from the Registrar to do so.
To make a complaint, you must complete and sign a public complaint form and send it to the Private Security and Investigative Services Branch of the Ministry of Community Safety and Correctional Services. Click here for a public complaint form.
To obtain more information on this process, contact:
Private Security and Investigative Services Branch
416-212-1650 (Toronto area) or 1 (866) 767-7454
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
