Corrections and Conditional Release Regulations (SOR/92-620)

94 (1) Subject to subsection (2), the institutional head or a staff member designated by the institutional head may authorize, in writing, that communications between an inmate and a member of the public, including letters, telephone conversations and communications in the course of a visit, be opened, read, listened to or otherwise intercepted by a staff member or a mechanical device, where the institutional head or staff member believes on reasonable grounds

• (a) that the communications contain or will contain evidence of

  • (i) an act that would jeopardize the security of the penitentiary or the safety of any person, or

  • (ii) a criminal offence or a plan to commit a criminal offence; and

• (b) that interception of the communications is the least restrictive measure available in the circumstances.

(2) No institutional head or staff member designated by the institutional head shall authorize the opening of, reading of, listening to or otherwise intercepting of communications between an inmate and a person set out in the schedule, by a staff member or a mechanical device, unless the institutional head or staff member believes on reasonable grounds

• (a) that the grounds referred to in subsection (1) exist; and

• (b) that the communications are not or will not be the subject of a privilege.

(3) Where a communication is intercepted under subsection (1) or (2), the institutional head or staff member designated by the institutional head shall promptly inform the inmate, in writing, of the reasons for the interception and shall give the inmate an opportunity to make representations with respect thereto, unless the information would adversely affect an ongoing investigation, in which case the inmate shall be informed of the reasons and given an opportunity to make representations with respect thereto on completion of the investigation.