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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.

 

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,

 (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.

       (2) Rights of detained staff member - 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.

 

Corresponding Regulations: Sections 43-59 Search and Seizure and Section 60-72 Urinalysis Testing

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