51. (1) A staff member may, without individualized suspicion, conduct searches of cells and their contents on a periodic basis where the searches are designed to detect, through the systematic examination of areas of the penitentiary that are accessible to inmates, contraband and other items that may jeopardize the security of the penitentiary or the safety of persons and are conducted in accordance with a search plan

that sets out

when the searches are to take place,

the locations of the searches, and

the means that may be used to conduct the searches; and

that is approved by the institutional head as being in accordance with the purposes of this subsection.

    (2) Where a staff member searches an inmate's cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

52. (1) Subject to subsection (3), where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate's cell, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

    (2) Subject to subsection (3), where a staff member searches an inmate's cell and its contents pursuant to subsection (1), another staff member shall be present at all times during the search.

    (3) A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member in accordance with subsections (1) and (2), respectively, where the staff member believes on reasonable grounds that delaying a search in order to comply with those subsections would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

Corresponding Act: Sections 46-67 Search and Seizure