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

Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IInstitutional and Community Corrections (continued)

Search and Seizure

Interpretation

Marginal note:Definitions

 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)

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)

  • 1992, c. 20, s. 46
  • 1995, c. 42, s. 13(F)

Searches of Inmates

Marginal note:Routine non-intrusive or frisk searches

  •  (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.

  • 1992, c. 20, s. 47
  • 1995, c. 42, s. 14(F)

Marginal note:Routine strip search of inmates

 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, which circumstances must be limited to 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 segregation area.

Marginal note:Frisk search of inmate

  •  (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

 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:Use of X-ray, “dry cell”

 Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing one or both of the following:

  • (a) the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained; and

  • (b) the detention of the inmate in a cell without plumbing fixtures, with notice to the penitentiary’s medical staff, on the expectation that the contraband will be expelled.

Marginal note:Body cavity search

 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

  •  (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

 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.

 
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