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

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).