View Full Version : Canadian loss prevention laws?
badchad
Dec 20, 2010, 07:07 AM
Can a loss prevention officer first of all bring you back inside if you don't want to go back in. second of all if you resist what level of force can they use? This happened t n army and navy store in langley because where my girlfriend got tackled and her glasses broken and myself put in arm bar chokehold
excon
Dec 20, 2010, 07:35 AM
Hello bad:
You were assaulted... Call the cops.
excon
Curlyben
Dec 20, 2010, 07:46 AM
As they have ZERO legal powers, ALL they can do is ASK you to accompany them back to the store,
They CANNOT use any kind of force at all.
As excon says YOU have been assaulted and possibly falsely imprisioned.
There are NO laws covering Loss Prevention, only Theft.
Until the loss occurs what's to prevent.
dojo1
Feb 27, 2012, 08:27 AM
Loss Prevention can use as much force as deemed necessary to make the arrest, bring you back in the store and detain you till they hand you over to the police. So if you resist and don't comply to going back in the store a arm lock or as much force needed to bring you back in the store is justified. That is why they are Licenced and need to show it when they arrest.
If you can prove that the force used was excessive and not justified then you can file charges against the officer but if you resisted and did not comply the police will take the loss prevention officers side.
Curlyben
Feb 27, 2012, 08:39 AM
Dojo, I think you are confusing these "rent A cops" with actual members of the police force.
They do NOT have any legal rights of arrest at all, and should they try and forcibly restrain you that would be classed as assault and actionable.
Loss Prevention are simply store detectives nothing more.
excon
Feb 27, 2012, 08:41 AM
Loss Prevention can use as much force as deemed necessary to make the arrest, bring you back in the store and detain you till they hand you over to the police.Hello d:
Nahhh... Licensed?? By who?? As what??
excon
dojo1
Feb 27, 2012, 08:52 AM
Private Investigator License issued by the Ministry of community safety & Correctional Services which gives them the power to arrest and use as much force as necessary to make that arrest. They also have to hand the accused over to police after.
Curlyben
Feb 27, 2012, 08:55 AM
Dojo, these people aren't private investigators at all.
Unless you are speaking from experience of course.
The power of arrest is for the police, ONLY.
excon
Feb 27, 2012, 09:02 AM
Private Investigator License issued by the Ministry of community safety & Correctional Services which gives them the power to arrest and use as much force as necessaryHello d:
Got a link. I'm willing to be wrong. I just need to SEE it from somewhere authoritative.
excon
dojo1
Feb 27, 2012, 09:03 AM
I do know from experience.
They only have
dojo1
Feb 27, 2012, 09:08 AM
Here is the link
http://www.mcscs.jus.gov.on.ca/english/PISG/private_inv_sec.html
The loss prevention Officers have the power of arrest while they are on duty.
Curlyben
Feb 27, 2012, 09:13 AM
You appear to be confusing Private investigators and loss prevention agents.
They are not the same, in fact your link does NOT mention anything about LP's
dojo1
Feb 27, 2012, 09:14 AM
What would be the point of having Loss prevention if you could just walk away and say no thank you I don't want to go back in the store for the items that I have just stolen. Trust me they will take you back in with the authority to use as much force as necessary and you will be arrested.
dojo1
Feb 27, 2012, 09:19 AM
Loss prevention officers need to have a Private Investigator or Security Guard License.
So they are not just hired off the street, They are actually trained and licensed.
Curlyben
Feb 27, 2012, 09:21 AM
You are saying that they have the same, or similar powers, to the Police.
That is simply incorrect as they do not have the powers of arrest nor forcibly confining a person.
The purpose of LP is deterrent.
Shop lifters prefer quiet areas where they are not observed.
I've done some searching and while I have found many offers for LP jobs, NONE mention any requirements for licensing at all.
Yes there is a need for this activity, but only in a lawful manner.
Making claims that are simply untrue would be dishonest at least and possible illegal.
dojo1
Feb 27, 2012, 09:56 AM
The purpose of uniform rent a cop is deterrent.
The purpose of LP is to arrest and charge.
We could go on with this subject all day but my information is acurate.
Call your Local police department and ask them if a LP can arrest you and detain you using as much force as necessary and get back to me on what they say.
So to sum it up arrest then detain then hand over to the police.