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While on duty a Security Guard notices a youth skateboarding on the property under protection. Upon approaching the youth and requesting that he stop skateboarding and leave, the youth swears and yells at the Security Guard refusing to leave. Under the Trespass to Private Property Act RSO 1990 the Security Guard can do what?

  1. Swear and yell back at the youth in response to the treatment received.

  2. Arrest the youth as he has just committed a verbal assault against the Security Guard.

  3. Immediately contact 911 and have the police arrest the skateboarder for committing a nuisance criminal offence

  4. Arrest the youth for failure to leave immediately when directed to do so.

The correct answer is: Arrest the youth for failure to leave immediately when directed to do so.

Under Ontario's Trespass to Private Property Act RSO 1990, security guards have the authority to arrest someone who refuses to leave a premise when ordered to do so. In this situation, the youth refused the security guard's order to stop skateboarding and leave the property. This refusal gives the security guard the right to arrest the individual for failure to comply with the direction to immediately leave the property. Therefore, the correct response is to arrest the youth for this refusal, not as a response to the verbal altercation, the creation of a nuisance, or as an immediate justification to involve the police.