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This section came into force on April 17th, 1985 and to date there do not appear to have been any cases arising in a prison or parole context. It is expected that this section will give rise to numerous applications in the future, bearing in mind the different treatment of male and female offenders, both federal and provincial, in numerous aspects of incarceration. It is likely that questions will arise around the different treatment of federal prisoners in different provinces, whether male or female prisoners, as well as around different circumstances within one province as between male and female offenders. For example, in relation to the searching of prisoners, it is provided that no female prisoner is to be searched except by a female person. No similar prohibition exists against the searching of male prisoners by female staff in federal prisons. In British Columbia, the provincial correctional legislation provides that searches must be conducted by persons of the same gender. It therefore seems likely that the federal provision does discriminate against male prisoners and denies them equal protection of the law. Though some lower courts have grappled with the meaning of various terms in s15, it is expected that it will be some time before any definitive guidance is provided by the Supreme Court of Canada. |
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