Saskatoon mall security guards used excessive force in arrest, bystander says

A sidewalk arrest by Saskatoon mall security has one bystander concerned with what they see as an excessive use of force.

Brielle Bright told CTV News she was walking home last Thursday when she saw a Midtown mall security guard in pursuit of a person on the sidewalk on the corner of 1st Avenue and 20th Street.

“This person was backing off and yelling, 'don’t touch me.' The guard had pulled the person in and … I started seeing elbowing. Things were escalating. I tried to separate them using my body to create a little bit of a wedge.”

After backing off for safety, Bright says five more guards appeared. That’s when she started filming.

In the video captured by Bright, the guards can be seen struggling with the person who is eventually lifted up and forced to the ground

“You’re under arrest,” a guard can be heard saying in the video telling.

One of the guards turned to Bright and told her to stop filming. He said the sidewalk outside the mall was private property.

“We own everything up to the bricks,” he said.

Several other bystanders were involved at this point, criticizing the guards and filming the encounter.

Bright says she was shocked by the “excessive” level of force the guards used.

“I’m anti-violence and I don’t believe anyone should be treated that way. Secondly, I don’t believe mall security should have jurisdiction to assault someone on the sidewalk.”

CTV News contacted Midtown about the incident and was referred to a Calgary-based public relations firm.

An emailed statement from the firm said to refer questions to the Saskatoon police.

"The individual in the video was arrested by Saskatoon Police Service in response to an allegation of shoplifting and assault. Please contact the Saskatoon Police Service for further comment on their investigation."

Saskatoon police confirmed they took a person into custody from Midtown on that date. The arrested person was transported to Royal University Hospital for mental health assessment.

No charges were laid.

Saskatoon Police spokesperson Alyson Edwards says private security guards are allowed to detain people until police arrive if they witness a crime.

If the person detained by Midtown security wants to make a report of assault, Saskatoon police would investigate, Edwards said.

Saskatoon criminal lawyer Meagan Ward said security guards have the same powers as regular citizens when it comes to enforcing the law.

“They’re not police officers, so they don’t have the powers of the police. They’re just like you and I. They have the power to affect the citizen’s arrest,” she said.

People need to have reasonable grounds to make a citizen’s arrest and it has to be executed with a reasonable level of force, said Ward.

Whether either of those conditions were met is hard to tell from the video, since it begins at the peak of the struggle, she said.

Ward says there are a number of factors that can help determine whether the use of force was reasonable.

“Did they take steps to try to resolve this without getting physical? You know, to what extent was that level of physicality necessary?”

Security guards in Saskatchewan are required to take an online training course before applying for certification, but whether they have any ongoing practical job training seems to be up to the individual employers, says Ward.

“Police officers have to continue to learn and develop their skills. Lawyers have to continue to learn and develop their skills. Are those same requirements there for security guards?”

-With files from Tyler Barrow