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

Marginal note:Routine non-intrusive or frisk searches

59 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.

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.

Marginal note:Search by body scan

60.1 A staff member may, in the prescribed circumstances, conduct a body scan search of a visitor, and those circumstances must be limited to what is reasonably required for security purposes.

Searches of Vehicles

Marginal note:Routine searches

• 61 (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.

Warnings to be Posted

Marginal note:Warnings about searches

62 At each penitentiary, a conspicuous warning shall be posted at the entrance to the lands and at the visitor control point, stating that all visitors and vehicles at the penitentiary are subject to being searched in accordance with this Part and the regulations.

Searches of Staff Members

Marginal note:Routine non-intrusive or frisk searches

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

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.

Marginal note:Search by body scan

64.1 A staff member may, in the prescribed circumstances, conduct a body scan search of another staff member, and those circumstances must be limited to what is reasonably required for security purposes.

Power to Seize

Marginal note:Power to seize

• 65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a body scan search.

• Marginal note:Idem

  (2) A medical practitioner conducting a body cavity search may seize contraband or evidence relating to a disciplinary or criminal offence found in the course of that search.

• Marginal note:Idem

  (3) A person conducting a search pursuant to subsection 47(2) or 49(2) may seize contraband found in the course of that search.

Searches in Community-based Residential Facilities

Marginal note:Frisk search, room search

• 66 (1) An employee of a community-based residential facility who is so authorized by the Service may

  • (a) conduct a frisk search of an offender in that facility, and

  • (b) search an offender’s room and its contents,

  where the employee suspects on reasonable grounds that the offender is violating or has violated a condition of the offender’s parole, statutory release or temporary absence and that such a search is necessary to confirm the suspected violation.

• Marginal note:Power to seize

  (2) An employee who conducts a search pursuant to subsection (1) may seize any evidence of a violation of the offender’s conditions of release found in the course of the search.

• Marginal note:Definition of community-based residential facility

  (3) In this section, community-based residential facility means a place that provides accommodation to offenders who are on parole, statutory release or temporary absence.

Reports Relating to Searches and Seizures

Marginal note:Reports to be submitted

67 Reports in respect of searches conducted pursuant to sections 47 to 66, and in respect of the seizure of items in the course of those searches, must be submitted where required by regulations made under paragraph 96(o) and in accordance with those regulations.

General — Living Conditions

Marginal note:Instruments of restraint

68 No person shall apply an instrument of restraint to an offender as punishment.

Marginal note:Cruel treatment, etc.

69 No person shall administer, instigate, consent to or acquiesce in any cruel, inhumane or degrading treatment or punishment of an offender.

Marginal note:Living conditions, etc.

70 The Service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity.

Marginal note:Contacts and visits

• 71 (1) In order to promote relationships between inmates and the community, an inmate is entitled to have reasonable contact, including visits and correspondence, with family, friends and other persons from outside the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

• Marginal note:Visitors’ permitted items

  (2) At each penitentiary, a conspicuous notice shall be posted at the visitor control point, listing the items that a visitor may have in possession beyond the visitor control point.

• Marginal note:Where visitor has non-permitted item

  (3) Where a visitor has in possession, beyond the visitor control point, an item not listed on the notice mentioned in subsection (2) without having previously obtained the permission of a staff member, a staff member may terminate or restrict the visit.

Marginal note:Members of Parliament, judges

72 Every member of the House of Commons, every Senator and every judge of a court in Canada has the right to

• (a) enter any penitentiary,

• (b) visit any part of a penitentiary, and

• (c) visit any inmate, with the consent of the inmate,

subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Marginal note:Assembly and association

73 Inmates are entitled to reasonable opportunities to assemble peacefully and associate with other inmates within the penitentiary, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Marginal note:Inmate input into decisions

74 The Service shall provide inmates with the opportunity to contribute to decisions of the Service affecting the inmate population as a whole, or affecting a group within the inmate population, except decisions relating to security matters.

Marginal note:Religion

75 An inmate is entitled to reasonable opportunities to freely and openly participate in, and express, religion or spirituality, subject to such reasonable limits as are prescribed for protecting the security of the penitentiary or the safety of persons.

Programs for Offenders

Marginal note:Programs for offenders generally

76 The Service shall provide a range of programs designed to address the needs of offenders and contribute to their successful reintegration into the community.

Marginal note:Programs for female offenders

77 Without limiting the generality of section 76, the Service shall

• (a) provide programs designed particularly to address the needs of female offenders; and

• (b) consult regularly about programs for female offenders with

  • (i) appropriate women’s groups, and

  • (ii) other appropriate persons and groups

  with expertise on, and experience in working with, female offenders.

Marginal note:Payments to offenders

• 78 (1) For the purpose of

  • (a) encouraging offenders to participate in programs provided by the Service, or

  • (b) providing financial assistance to offenders to facilitate their reintegration into the community,

  the Commissioner may authorize payments to offenders at rates approved by the Treasury Board.

• Marginal note:Deductions

  (2) Where an offender receives a payment referred to in subsection (1) or income from a prescribed source, the Service may

  • (a) make deductions from that payment or income in accordance with regulations made under paragraph 96(z.2) and any Commissioner’s Directive; and

  • (b) require that the offender pay to Her Majesty in right of Canada, in accordance with regulations made pursuant to paragraph 96(z.2.1) and as set out in a Commissioner’s Directive, an amount, not exceeding thirty per cent of the gross payment referred to in subsection (1) or gross income, for reimbursement of the costs of the offender’s food and accommodation incurred while the offender was receiving that income or payment, or for reimbursement of the costs of work-related clothing provided to the offender by the Service.