PART IInstitutional and Community Corrections (continued)
Search and Seizure (continued)
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.
- 1992, c. 20, s. 61
- 2012, c. 1, s. 65
- 2019, c. 27, s. 19(F)
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.
- 1992, c. 20, s. 63
- 2019, c. 27, s. 20(F)
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
(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
Marginal note:Rights of detained staff member
(2) A staff member who is detained pursuant to subsection (1) shall
Power to Seize
Marginal note:Power to seize
65 (1) Subject to section 50, a staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted pursuant to sections 47 to 64, except a body cavity search or a search described in paragraph 51(a).
(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.
(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
(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.
- 1992, c. 20, s. 66
- 1995, c. 42, s. 71(F)
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.
- 1992, c. 20, s. 67
- 1995, c. 42, s. 16
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.
- 1992, c. 20, s. 70
- 1995, c. 42, s. 17(F)
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.
- 1992, c. 20, s. 72
- 1995, c. 42, s. 18(F)
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