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

Marginal note:Disciplinary sanctions

• 44 (1) An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:

  • (a) a warning or reprimand;

  • (b) a loss of privileges;

  • (c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

  • (d) a fine; and

  • (e) performance of extra duties.

  • (f) [Repealed, 2019, c. 27, s. 11]

• Marginal note:Collection of fine or restitution

  (2) A fine or restitution imposed pursuant to subsection (1) may be collected in the prescribed manner.

Summary Conviction Offences

Marginal note:Summary conviction offences

45 Every person commits a summary conviction offence who

• (a) is in possession of contraband beyond the visitor control point in a penitentiary;

• (b) is in possession of anything referred to in paragraph (b) or (c) of the definition “contraband” in section 2 before the visitor control point at a penitentiary;

• (c) delivers contraband to, or receives contraband from, an inmate;

• (d) without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or

• (e) trespasses at a penitentiary.

Search and Seizure

Interpretation

Marginal note:Definitions

46 In sections 47 to 67,

body cavity

body cavity means the rectum or vagina; (cavité corporelle)

body cavity search

body cavity search means the physical probing of a body cavity, in the prescribed manner; (examen des cavités corporelles)

body scan search

body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. (fouille par balayage corporel)

frisk search

frisk search means

• (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille par palpation)

non-intrusive search

non-intrusive search means

• (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and

• (b) a search of

  • (i) personal possessions, including clothing, that the person may be carrying, and

  • (ii) any coat or jacket that the person has been requested to remove,

  in accordance with any applicable regulations made under paragraph 96(l); (fouille discrète)

strip search

strip search means

• (a) a visual inspection of the naked body, in the prescribed manner, and

• (b) a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; (fouille à nu)

urinalysis

urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. (prise d’échantillon d’urine)

Searches of Inmates

Marginal note:Routine non-intrusive or frisk searches

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

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the power to search that a staff member is authorized to conduct under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

Marginal note:Routine strip search of inmates

• 48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion,

  • (a) in the prescribed circumstances in situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or

  • (b) when the inmate is entering or leaving a structured intervention unit.

• Marginal note:Choice of body scan search

  (2) A body scan search of the inmate shall be conducted instead of the strip search if

  • (a) the body scan search is authorized under section 48.1; and

  • (b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted.

Marginal note:Search by body scan

48.1 A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes.

Marginal note:Frisk search of inmate

• 49 (1) Where a staff member suspects on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, the staff member may conduct a frisk search of the inmate.

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the powers of search of a staff member under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

• Marginal note:Strip search of inmate

  (3) Where a staff member

  • (a) believes on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and

  • (b) satisfies the institutional head that there are reasonable grounds to so believe,

  a staff member of the same sex as the inmate may conduct a strip search of the inmate.

• Marginal note:Emergency search

  (4) Where a staff member

  • (a) satisfies the requirements of paragraph (3)(a), and

  • (b) believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) would result in danger to human life or safety or in loss or destruction of the evidence,

  the staff member may conduct the strip search without complying with paragraph (3)(b) or the gender requirement of subsection (3).

Marginal note:Staff member to inform institutional head

50 Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but shall inform the institutional head.

Marginal note:Detention in dry cell

• 51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures, on the expectation that the contraband will be expelled.

• Marginal note:Visits by registered health care professional

  (2) The inmate must be visited at least once every day by a registered health care professional.

Marginal note:Body cavity search

52 Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the institutional head may authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate’s consent is obtained.

Marginal note:Exceptional power of search

• 53 (1) Where the institutional head is satisfied that there are reasonable grounds to believe that

  • (a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and

  • (b) a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger,

  the institutional head may authorize in writing such a search, subject to subsection (2).

• Marginal note:Gender requirement

  (2) A strip search authorized under subsection (1) shall be conducted in each case by a staff member of the same sex as the inmate.

Marginal note:Urinalysis

54 Subject to section 56 and subsection 57(1), a staff member may demand that an inmate submit to urinalysis

• (a) where the staff member believes on reasonable grounds that the inmate has committed or is committing the disciplinary offence referred to in paragraph 40(k) and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the institutional head;

• (b) as part of a prescribed random selection urinalysis program, conducted without individualized grounds on a periodic basis and in accordance with any Commissioner’s Directives that the regulations may provide for; or

• (c) where urinalysis is a prescribed requirement for participation in

  • (i) a prescribed program or activity involving contact with the community, or

  • (ii) a prescribed substance abuse treatment program.

Marginal note:Urinalysis

55 Subject to section 56 and subsection 57(2), a staff member, or any other person so authorized by the Service, may demand that an offender submit to urinalysis

• (a) at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or

• (b) at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs.

Marginal note:Information requirements

56 Where a demand is made of an offender to submit to urinalysis pursuant to section 54 or 55, the person making the demand shall forthwith inform the offender of the basis of the demand and the consequences of non-compliance.

Marginal note:Right to make representations

• 57 (1) An inmate who is required to submit to urinalysis pursuant to paragraph 54(a) shall be given an opportunity to make representations to the institutional head before submitting the urine sample.

• Marginal note:Idem

  (2) An offender who is required to submit to urinalysis at regular intervals pursuant to section 55 shall be given reasonable opportunities to make representations to the prescribed official in relation to the length of the intervals.

Marginal note:Monitoring device

• 57.1 (1) The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geographical area.

• Marginal note:Representations

  (2) An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement.

Searches of Cells

Marginal note:Searches of cells

58 A staff member may, in the prescribed manner, conduct searches of cells and their contents in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

Searches of Visitors

Marginal note:Definition of visitor

58.1 Despite the definition visitor in subsection 2(1), in sections 59, 60 and 60.1 visitor does not include an immigration detainee, as defined in section 94.1.