6.3 Criminal, Civil & Disciplinary Liability

Criminal, Civil & Disciplinary Liability

A single use-of-force error can land a security guard in three courts at once: criminal court, civil court, and the Registrar's disciplinary process. Each layer has its own standard, its own evidence, and its own penalty.

A BC security guard who gets the law wrong does not face one consequence — they face a stack. Criminal liability can mean a record or jail. Civil liability can mean a damages award against the guard and the employer. Disciplinary liability under the Security Services Act (SBC 2007, c.30) can mean administrative penalties, licence suspension, or cancellation. Understanding how the three layers interact is exam material and self-protection material.

Why This Matters

The BST exam tests whether you can identify which liability applies to a given fact pattern. A guard who uses excessive force faces criminal assault charges; the same act exposes the employer to civil liability and the guard to Registrar discipline. Knowing the layers tells you what evidence protects you at each layer.

Criminal Liability

A guard who uses force outside Criminal Code ss.34/35 commits a crime — typically assault (Criminal Code s.266) or assault causing bodily harm (s.267). Criminal liability turns on whether the force was reasonable and necessary; if it was not, the defensive justification fails and the force is treated as if the guard started the assault.

Key criminal risks:

• Excessive force — force beyond what the threat required.
• Assault in detaining — tackling, grabbing, or striking a non-assaultive fleeing subject.
• Unlawful arrest — arresting without the s.494 grounds (find committing, fresh pursuit, or owner's grounds).
• Questioning in custody — not a crime per se, but statements obtained can be excluded and civil claims can follow.

A criminal conviction ends a security career in practice — the Registrar will act on the conviction.

Civil Liability

Two civil claims dominate guard incidents:

False imprisonment — the unlawful restraint of a person without legal justification. Crucially, mere suspicion is insufficient: to justify an arrest under s.494, the facts must be such that a reasonable person would believe the suspect committed the offence. "He looked suspicious" is not a defence. "I saw him put the item in his bag and walk past the till" is.

Negligence — a failure to meet the standard of care of a reasonably competent guard, causing harm. Examples: failing to observe a medical emergency in custody; using force without training; leaving a detained person unattended.

Civil liability is decided on the balance of probabilities (more likely than not) — a lower bar than the criminal "beyond a reasonable doubt." A guard can be acquitted criminally and still be civilly liable.

Disciplinary / Registrar Liability

Under the Security Services Act and Regulation, the Registrar of Security Services can impose administrative penalties:

• Up to $5,000 for an individual.
• Up to $50,000 for a business.
• Licence suspension or cancellation.

Registrar action can follow a complaint, a police report, or a use-of-force report review. Disciplinary findings do not require a criminal conviction — the Registrar applies a professional-misconduct standard, not the criminal standard.

Employer Discipline and Vicarious Liability

Your employer can terminate or discipline you for conduct that falls short of company policy, even if it is not criminal. Separately, under the doctrine of vicarious liability, a security company can be held civilly liable for torts a guard commits in the course of employment — including assault and false imprisonment. The employer may then seek indemnity from the guard. This is why employers care deeply about use-of-force reports and training records.

Comparison of Liability Layers

Scenario

A guard sees a man exit a store without paying. Believing he "looks guilty," the guard grabs his arm; the man pulls away; the guard tackles him; the man breaks his wrist.

• Criminal: the tackle is likely assault — no s.34/35 justification (fleeing, non-assaultive).
• Civil: false imprisonment (arrest without s.494 grounds — "looks guilty" is mere suspicion) plus negligence (the injury).
• Disciplinary: the Registrar can suspend the guard's licence and levy a penalty up to $5,000.
• Employer: the company faces the civil claim vicariously and may terminate the guard for policy breach.

One error, four consequences.

How to Limit Your Liability

1. Lawful arrest only — confirm s.494 grounds before acting; when in doubt, observe and call police.
2. Minimum force — justified under ss.34/35, proportionate, and stopped when the threat ends.
3. Charter compliance — s.10(a) reason and s.10(b) counsel, every arrest, every time.
4. Forthwith delivery — call police immediately; do not hold to question or finish paperwork.
5. Documentation — a use-of-force report, required as a licence condition by SPD policy 3.7.2.1 and best written before shift end.
6. Training currency — keep BST and any AST (handcuffs) current; training records are your evidence of the standard of care.

The guard who can show a lawful arrest, minimum force, Charter cautions, prompt delivery, and clean documentation is the guard who survives all three layers.