Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Frisk search

• 60 (1) A staff member may conduct a frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45.

• Marginal note:Strip search

  (2) Where a staff member

  • (a) suspects on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and believes that a strip search is necessary to find the contraband or evidence, and

  • (b) satisfies the institutional head that there are reasonable grounds

    • (i) to suspect that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and

    • (ii) to believe that a strip search is necessary to find the contraband or evidence,

  a staff member of the same sex as the visitor may, after giving the visitor the option of voluntarily leaving the penitentiary forthwith, conduct a strip search of the visitor.

• Marginal note:Idem

  (3) Where a staff member believes on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and that a strip search is necessary to find the contraband or evidence,

  • (a) the staff member may detain the visitor in order to

    • (i) obtain the authorization of the institutional head to conduct a strip search, or

    • (ii) obtain the services of the police; and

  • (b) where the staff member satisfies the institutional head that there are reasonable grounds to believe

    • (i) that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and

    • (ii) that a strip search is necessary to find the contraband or evidence,

    the institutional head may authorize a staff member of the same sex as the visitor to conduct a strip search of the visitor.

• Marginal note:Rights of detained visitor

  (4) A visitor who is detained pursuant to subsection (3) shall

  • (a) be informed promptly of the reasons for the detention; and

  • (b) before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.