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

Marginal note:Frisk search or strip search

• 64 (1) Where a staff member believes on reasonable grounds that another staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence,

  • (a) the staff member may detain the other staff member in order to

    • (i) obtain the authorization of the institutional head to conduct a frisk search or 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 that the other staff member is carrying contraband or carrying evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the institutional head may

    • (i) authorize a staff member to conduct a frisk search of the other staff member, or

    • (ii) authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member.

• Marginal note:Rights of detained staff member

  (2) A staff member who is detained pursuant to subsection (1) 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.