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

Marginal note:Frisk search of inmate

• 49 (1) Where a staff member suspects on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, the staff member may conduct a frisk search of the inmate.

• Marginal note:Idem

  (2) A person providing services of a prescribed class to the Service under a contract has the powers of search of a staff member under subsection (1) if

  • (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract;

  • (b) the searches are reasonably related to the person’s principal services under the contract; and

  • (c) the person has received the prescribed training to conduct such searches.

• Marginal note:Strip search of inmate

  (3) Where a staff member

  • (a) believes on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and

  • (b) satisfies the institutional head that there are reasonable grounds to so believe,

  a staff member of the same sex as the inmate may conduct a strip search of the inmate.

• Marginal note:Emergency search

  (4) Where a staff member

  • (a) satisfies the requirements of paragraph (3)(a), and

  • (b) believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) would result in danger to human life or safety or in loss or destruction of the evidence,

  the staff member may conduct the strip search without complying with paragraph (3)(b) or the gender requirement of subsection (3).

Marginal note:Staff member to inform institutional head

50 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:Detention in dry cell

• 51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled.

• Marginal note:Visits by registered health care professional

  (2) An inmate detained under subsection (1) must be visited at least once every day by a registered health care professional.

• Marginal note:Use of X-ray

  (3) If 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 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.

Marginal note:Body cavity search

52 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

• 53 (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

54 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

55 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.

Marginal note:Information requirements

56 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

• 57 (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

• 57.1 (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.

Searches of Cells

Marginal note:Searches of cells

58 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:Definition of visitor

58.1 Despite the definition visitor in subsection 2(1), in sections 59 and 60 visitor does not include an immigration detainee, as defined in section 94.1.

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.

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.