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

Act current to 2020-07-28 and last amended on 2019-11-30. Previous Versions

PART IInstitutional and Community Corrections (continued)

Search and Seizure (continued)

Warnings to be Posted

Marginal note:Warnings about searches

 At each penitentiary, a conspicuous warning shall be posted at the entrance to the lands and at the visitor control point, stating that all visitors and vehicles at the penitentiary are subject to being searched in accordance with this Part and the regulations.

Searches of Staff Members

Marginal note:Routine non-intrusive or frisk searches

 A staff member may conduct routine non-intrusive searches or routine frisk searches of other staff members, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

  • 1992, c. 20, s. 63
  • 2019, c. 27, s. 20(F)

Marginal note:Frisk search or strip search

  •  (1) Where a staff member believes on reasonable grounds that another staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence,

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

      • (i) obtain the authorization of the institutional head to conduct a frisk search or 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 that the other staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the institutional head may

      • (i) authorize a staff member to conduct a frisk search of the other staff member, or

      • (ii) authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member.

  • Marginal note:Rights of detained staff member

    (2) A staff member who is detained pursuant to subsection (1) 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.

Power to Seize

Marginal note:Power to seize

  •  (1) Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).

  • Marginal note:Idem

    (2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.

  • Marginal note:Idem

    (3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.

Searches in Community-based Residential Facilities

Marginal note:Frisk search, room search

  •  (1) An employee of a community-based residential facility who is so authorized by the Service may

    • (a) conduct a frisk search of an offender in that facility, and

    • (b) search an offender’s room and its contents,

    where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.

  • Marginal note:Power to seize

    (2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.

  • Marginal note:Definition of community-based residential facility

    (3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.

  • 1992, c. 20, s. 66
  • 1995, c. 42, s. 71(F)

Reports Relating to Searches and Seizures

Marginal note:Reports to be submitted

 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.

  • 1992, c. 20, s. 67
  • 1995, c. 42, s. 16

General — Living Conditions

Marginal note:Instruments of restraint

 No person shall apply an instrument of restraint to an offender as punishment.

Marginal note:Cruel treatment, etc.

 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.

Marginal note:Living conditions, etc.

 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.

  • 1992, c. 20, s. 70
  • 1995, c. 42, s. 17(F)

Marginal note:Contacts and visits

  •  (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

  • Marginal note:Visitors’ permitted items

    (2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.

  • Marginal note:Where visitor has non-permitted item

    (3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.

Marginal note:Members of Parliament, judges

 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to

  • (a) enter any penitentiary,

  • (b) visit any part of a penitentiary, and

  • (c) visit any inmate, with the consent of the inmate,

subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

  • 1992, c. 20, s. 72
  • 1995, c. 42, s. 18(F)

Marginal note:Assembly and association

 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Marginal note:Inmate input into decisions

 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.

Marginal note:Religion

 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

  • 1992, c. 20, s. 75
  • 1995, c. 42, s. 19(F)

Programs for Offenders

Marginal note:Programs for offenders generally

 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.

Marginal note:Programs for female offenders

 Without limiting the generality of section 76, the Service shall

  • (a) provide programs designed particularly to address the needs of female offenders; and

  • (b) consult regularly about programs for female offenders with

    • (i) appropriate women’s groups, and

    • (ii) other appropriate persons and groups

    with expertise on, and experience in working with, female offenders.

 
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