45. Summary conviction offences - Every person commits a summary conviction offence who

is in possession of contraband beyond the visitor control point in a penitentiary;

is in possession of anything referred to in paragraph (b) or (c) of the definition "contraband" in section 2 before the visitor control point at a penitentiary;

delivers contraband to, or receives contraband from, an inmate;

without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or

trespasses at a penitentiary.

R v. Lord - (1998), 40 W.C.B. (2d) 8, [1998] B.C.J. No.2306 (B.C.S.C.) [application for leave to appeal dismissed 190 W.A.C. 316, [1998] B.C.J. No.2963 (B.C.C.A.), 1998 CanLII 4240 (BC C.A.)]

- While enjoying a private family visit with his inmate son, the accused was told in accordance with a standing order to "stand to" so the Institution could check on visitors. He refused when ordered to do so and was then told to leave the Institution, which he refused to do, whereupon he was physically removed from the grounds and then charged by the Crown with trespass. He was found guilty with a fine of $500, an order to keep the peace and to not attend or enter a federal institution in Canada for a one-year period following conviction. In dismissing the appeal of conviction, the court asserted that whether visitation is a right or a privilege, it is always subject to reasonable regulations and rules established by the appropriate prison authority. Notwithstanding the hostility that was apparent to the court between prison officials and the appellant and his family, the court was not persuaded that the Standing Order was passed for the appellant's sake alone. Curial deference must be a guide to some extent in determining whether a standing order or a commissioner's order is "reasonable". The court agreed with the trial judge that the Standing Order, requiring visitors to "stand to" and be counted while occupying a family unit is not something that can be said to violate the appellant's Charter right of association. The appeal as to sentence was allowed in part and the visiting prohibition was reduced to a six-month period.