63. Routine non-intrusive or frisk searches - 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. |
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64. (1) Frisk search or strip search - 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, |
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(a)
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the staff member may detain the other staff member in order to |
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(i)
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obtain the authorization of the institutional head to conduct a frisk search or strip search, or |
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(ii)
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obtain the services of the police; and |
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(b)
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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 |
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(i)
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authorize a staff member to conduct a frisk search of the other staff member, or |
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(ii)
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authorize a staff member of the same sex as the other staff member to conduct a strip search of that other staff member. |
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(2) Rights of detained staff member - A staff member who is detained pursuant to subsection (1) shall |
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(a)
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be informed promptly of the reasons for the detention; and |
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(b)
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before being searched, be given a reasonable opportunity to retain and instruct counsel without delay and be informed of that right. |
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Corresponding Regulations: Sections 43-59 Search and Seizure and Section 60-72 Urinalysis Testing |
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