Corrections and Conditional Release Act (S.C. 1992, c. 20)
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Act current to 2024-10-14 and last amended on 2024-10-01. Previous Versions
Marginal note:Frisk search
60 (1) A staff member may conduct a frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45.
Marginal note:Strip search
(2) Where a staff member
(a) suspects on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and believes that a strip search is necessary to find the contraband or evidence, and
(b) satisfies the institutional head that there are reasonable grounds
(i) to suspect that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and
(ii) to believe that a strip search is necessary to find the contraband or evidence,
a staff member of the same sex as the visitor may, after giving the visitor the option of voluntarily leaving the penitentiary forthwith, conduct a strip search of the visitor.
Marginal note:Idem
(3) Where a staff member believes on reasonable grounds that a visitor is carrying contraband or carrying other evidence relating to an offence under section 45 and that a strip search is necessary to find the contraband or evidence,
(a) the staff member may detain the visitor in order to
(i) obtain the authorization of the institutional head to conduct a 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
(i) that the visitor is carrying contraband or carrying other evidence relating to an offence under section 45, and
(ii) that a strip search is necessary to find the contraband or evidence,
the institutional head may authorize a staff member of the same sex as the visitor to conduct a strip search of the visitor.
Marginal note:Rights of detained visitor
(4) A visitor who is detained pursuant to subsection (3) 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.
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