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

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.

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: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).

• 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.