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

Act current to 2020-01-16 and last amended on 2019-11-30. Previous Versions

PART IInstitutional and Community Corrections (continued)

Search and Seizure (continued)

Searches of Inmates (continued)

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.

Marginal note:Urinalysis

 Subject to section 56 and subsection 57(2), a staff member, or any other person so authorized by the Service, may demand that an offender submit to urinalysis

  • (a) at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or

  • (b) at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs.

  • 1992, c. 20, s. 55
  • 1995, c. 42, s. 15

Marginal note:Information requirements

 Where a demand is made of an offender to submit to urinalysis pursuant to section 54 or 55, the person making the demand shall forthwith inform the offender of the basis of the demand and the consequences of non-compliance.

Marginal note:Right to make representations

  •  (1) An inmate who is required to submit to urinalysis pursuant to paragraph 54(a) shall be given an opportunity to make representations to the institutional head before submitting the urine sample.

  • Marginal note:Idem

    (2) An offender who is required to submit to urinalysis at regular intervals pursuant to section 55 shall be given reasonable opportunities to make representations to the prescribed official in relation to the length of the intervals.

Marginal note:Monitoring device

  •  (1) The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geographical area.

  • Marginal note:Representations

    (2) An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement.

  • 2012, c. 1, s. 64

Searches of Cells

Marginal note:Searches of cells

 A staff member may, in the prescribed manner, conduct searches of cells and their contents in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

Searches of Visitors

Marginal note:Routine non-intrusive or frisk searches

 A staff member may conduct routine non-intrusive searches or routine frisk searches of visitors, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

  • 1992, c. 20, s. 59
  • 2019, c. 27, s. 17(F)

Marginal note:Frisk search

  •  (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.

Searches of Vehicles

Marginal note:Routine searches

  •  (1) A staff member may, in the prescribed manner, conduct routine searches of vehicles at a penitentiary, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.

  • Marginal note:Searches for contraband

    (2) A staff member who believes on reasonable grounds that contraband is located in a vehicle at a penitentiary in circumstances constituting an offence under section 45 may, with prior authorization from the institutional head, search the vehicle.

  • Marginal note:Emergency searches

    (3) Where a staff member believes on reasonable grounds that the delay that would be necessary in order to comply with the prior authorization requirement of subsection (2) would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization.

  • Marginal note:Exceptional power to search

    (4) An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that

    • (a) there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and

    • (b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger.

  • 1992, c. 20, s. 61
  • 2012, c. 1, s. 65
  • 2019, c. 27, s. 19(F)
 
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