COMMISSIONER'S DIRECTIVE

SEARCHING OF STAFF AND VISITORS

Policy Bulletin 178

POLICY OBJECTIVE

1. To establish and define the requirements and procedures for searching staff and visitors to prevent entry of contraband into the institution.

AUTHORITY

2. Commissioner's Directive 566 - Prevention of Security Incidents.

CROSS-REFERENCES

3. CSC Manual on Religious and Spiritual Accommodation (see Annex B);
Commissioner's Directive 702 - Aboriginal Programming.

PRINCIPLES

4. Searches will be conducted in a manner consistent with the CCRA.

In particular:

• searches will be conducted in a manner that respects gender, religious and cultural considerations;
• where there are reasonable grounds to believe there is an immediate risk, the safety of individuals and the security of the institution will take precedence over cultural considerations; and
• sacred, religious and cultural items will be treated with respect at all times.

INSTITUTIONAL HEAD'S RESPONSIBILITY

5. Each Institutional Head will establish an Institutional Search Plan. This plan will include but not be limited to, all the elements outlined in Annex A, the requirements of the CCRA and CCRR and all routine circumstances for searches specific to their institution. Community Correctional Centres are not required to have a section in their Search Plan concerning the routine searching of staff and visitors.

PROCEDURES

6. All routine searches of staff and visitors will be included in the Institutional Search Plan. Such searches could include an X-ray and/or visual examination of baggage, and metal detection of all persons entering the institution. Aboriginal medicine bundles and sacred items will only be visually inspected.

7. All persons conducting searches will be trained according to the staff orientation and training program provided by the CSC.

8. Any required security examination of Aboriginal medicine bundles, religious and spiritual articles or other sacred objects will be accomplished by having the owner manipulate them for visual inspection by the examining officer. In the owner's absence, an Elder, an Elder's representative (who is not an inmate) or a religious representative will inspect or manipulate the contents for inspection.

SEARCHES OF VISITORS

Routine Non-Intrusive and Frisk Searches

9. A staff member may conduct a routine non-intrusive search or a routine frisk search of a visitor, without individualized suspicion, where the visitor is entering or leaving the institution.

10. In all facilities except minimum security and Community Correctional Centres, there will be a routine non-intrusive search of all visitors upon entering the institution.

11. Institutional Heads of minimum-security facilities will ensure that a non-intrusive search of all visitors and their possessions is conducted on at least a periodic basis. The frequency of these searches must be outlined in the Search Plan.

Non-Routine Frisk Search

12. A staff member may conduct a non-routine frisk search of a visitor where the staff member suspects on reasonable grounds that the visitor is carrying contraband or other evidence relating to an offence.

Strip Search

13. A staff member may conduct a strip search of a visitor when all of the following conditions have been met:

1. the visitor has been given the opportunity to leave the institution;
2. the Institutional Head is satisfied that reasonable grounds exist for a strip search;
3. the staff member has received written authorization from the Institutional Head to strip search the visitor;
4. the staff member suspects, on reasonable grounds, that the visitor is carrying contraband or other evidence relating to an offence; and
5. the staff member believes that a strip search is necessary to find the contraband or evidence.

14. When a staff member believes on reasonable grounds that a visitor is carrying contraband or other evidence relating to an offence and that a strip search is necessary to find the contraband or evidence, the staff member may detain the visitor in order to either obtain authorization of the Institutional Head to conduct the strip search or to obtain the services of the police.

15. A visitor who is detained will be informed promptly of the reasons for the detention and before being searched, will be advised of the right to retain and instruct counsel and be given the opportunity to do so.

16. The strip search will be conducted in a private area, out of sight of others, by a staff member of the same sex, and in the presence of a witness. This witness will also be of the same sex as the individual being searched.

SEARCHES OF CHILDREN

17. No child will ever be subjected to a strip search by CSC staff members. If staff have reasonable grounds to believe that a child is in possession of contraband, they will either refuse the child entry, or call the police, or both.

SEARCHES OF STAFF MEMBERS

18. A staff member may conduct a routine non-intrusive search or a routine frisk search of another staff member, without individualized suspicion, where that other staff member is entering or leaving the institution.

19. In all facilities except minimum security and Community Correctional Centres, there will be a routine non-intrusive search of all staff members upon entering the institution.

20. Institutional Heads of minimum-security facilities will ensure that these routine non-intrusive searches of staff and their possessions are conducted on at least a periodic basis. The frequency of these searches must be outlined in the Search Plan.

21. Where a staff member believes on reasonable grounds that another staff member is carrying contraband or evidence relating to a criminal offence and that a frisk search or strip search is necessary to find the contraband or evidence, the staff member may detain the other staff member in order to obtain the authorization of the Institutional Head or the services of the police.

22. A staff member who is detained will be informed promptly of the reasons for the detention and before being searched, will be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right.

23. Non-routine searches of staff will be conducted and witnessed by a staff member (same sex) of a rank higher than that of the staff member being searched. Only one witness (same sex) will be present.

REPORTING REQUIREMENTS

24. Post-Search Reports (CSC/SCC 2013) will be completed in the following circumstances:

1. non-routine frisk or strip search of staff and visitors;
2. an item is seized.

CONTRABAND SEIZURE TAGS

25. When contraband or unauthorized items are seized as a result of any search, the person conducting the search will complete a Contraband Seizure Tag (CSC/SCC 482), attach it to each item and place the item in the secure evidence locker or turn it over to the custody of the seizure control officer.

Commissioner,

Original signed by
Lucie McClung

ANNEX A
INSTITUTIONAL SEARCH PLAN - SEARCHING OF STAFF AND VISITORS

*** If a seizure is made, complete forms CSC/SCC 2013 (Post-Search Report) and 482 (Contraband Seizure Tag).

ANNEX B
CROSS-REFERENCE - MANUAL ON RELIGIOUS AND SPIRITUAL ACCOMMODATION

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