Commissioner's directive 566-7: Searching of Offenders
Authorities
- Canadian Human Rights Act, subsection 3(1)
- Corrections and Conditional Release Act(CCRA), sections 3, 3.1, 4, 46, 47, 48, 48.1, 49, 50, 51, 52 and 53
- Corrections and Conditional Release Regulations(CCRR), sections 43, 44, 45, 46, 47, 48, 49, 50, 50.1, 50.3, 53, 53.1 to 53.6, 57, 58 and 59
Purpose
- To provide direction related to the searching of offenders to prevent the introduction and possession of contraband and unauthorized items, articles and packages
- To ensure the Correctional Service of Canada (CSC) uses the least restrictive measures consistent with the protection of society, staff members and offenders to attain the purposes of the CCRA
Application
Commissioner's Directive
Number: 566-7
In Effect: 2024-10-01
Issued under the authority of the Commissioner of the Correctional Service of Canada
Related Links
- Applies to those involved in searching offenders at all institutions, including Community Correctional Centres, as noted
Contents
- Responsibilities
- Procedures
- Searching of Indigenous Items and Other Sacred Items
- Searching of Gender Diverse Offenders
- Frisk Searches (Excluding Gender Diverse Offenders)
- Body Scan Searches
- Strip Searches (Excluding Community Correctional Centres)
- Exceptional Power of Search
- Body Cavity Search (Excluding Community Correctional Centres)
- Use of a Dry Cell (Excluding Community Correctional Centres)
- Use of Body Scan Searches for Dry Cell Detention
- Dry Cell Reporting
- Reporting Requirements
- Contraband/Unauthorized Item Seizure Tags
- Enquiries
- Annex A - Cross-References and Definitions
- Annex B - Institutional Search Plan (Excluding Community Correctional Centres) - Searching of Inmates
- Annex C - Community Correctional Centres Search Plan - Searching of Offenders
- Annex D - Strip Searching of Women Inmates
- Annex E - Dry Cell Procedures
- Annex F - Minimum Standards for the Designation of Secure Areas
Responsibilities
- The Assistant Deputy Commissioner, Integrated Services, will:
- ensure each institution has an approved Search Plan, and
- review the Search Plan and develop a procedure to monitor its use and adherence to national standards.
- The Institutional Head/District Director will:
- approve the Search Plan
- ensure persons conducting searches of offenders are properly trained/oriented, inclusive of mandatory training on gender identity and expression
- ensure searches are documented and reviewed as required
- authorize exceptional powers of search, as outlined in section 53 of the CCRA
- designate secure areas where searches may occur
- consult with the Regional Deputy Commissioner and the Director General, Security, for dry cell placements, as required, and
- ensure a Standing Order for the designation of secure areas is developed in accordance with Annex F and the Standing Order is shared with the Assistant Deputy Commissioner, Correctional Operations, and the Director General, Security, when implemented.
- The Institutional Head, excluding Community Correctional Centres, will:
- inform the Assistant Deputy Commissioner, Correctional Operations, prior to any body cavity search
- ensure the Chief, Mental Health Services, is notified within 24 hours following a body cavity search
- ensure a Standing Order is established outlining the dry cell procedural requirements (as indicated in Annex E), required training on how to operate the dry cell apparatus, and the provision of the appropriate protective equipment
- authorize offender non-routine strip searches, non-routine body scan searches, body cavity searches, and dry cell placements, including appropriate notifications, as outlined in Annex E, and
- consult with the Regional Deputy Commissioner and the Director General, Security, for dry cell placements, as required.
- The Deputy Warden will ensure Post Orders are established and maintain procedures directing the searching of offenders.
- The Assistant Warden, Operations/Manager, Operations/Area Director will:
- ensure a Standing Order is developed and maintained detailing procedures to be followed to search offenders
- develop the Search Plan, and
- ensure searching equipment is available and functioning.
- The Manager, Community Correctional Centre, will assign persons to conduct searches.
- Trained/oriented persons will:
- conduct searches according to the Search Plan, and
- complete the Search Log (CSC/SCC 0845), the Post-Search Report (CSC/SCC 1365) and the Statement/Observation Report as required.
Procedures
- The Search Plan for all institutions, excluding Community Correctional Centres, will include, but not be limited to, all the elements outlined in Annex B.
- All routine non-intrusive searches and routine frisk searches are pursuant to section 47 of the CCRR.
- Any search where there is a ballistic threat requires the completion of the Ballistic Threat Risk Assessment form (CSC/SCC 1518e).
- The Search Plan for Community Correctional Centres will include the elements outlined in Annex C.
Searching of Indigenous Items and Other Sacred Items
- Any required security examination of Indigenous medicine bundles, religious and spiritual articles or other sacred objects will be accomplished by having the owner manipulate them for visual inspection by the examining officer. If the owner is uncooperative or refuses to manipulate the item for visual inspection, the item may be inspected by an Elder, Chaplain, or cultural representative who is not an offender.
Searching of Gender Diverse Offenders
- At any time during an offender’s sentence, if the offender requests one or more gender-related accommodations in relation to searches, the Correctional Manager or the community Parole Officer (when the offender is on conditional release) will complete the individualized protocol in the Immediate Needs – Gender Considerations screen in the Offender Management System (OMS). The individualized protocol will be updated throughout the offender’s sentence, as needed.
- In cases where the Correctional Manager or the community Parole Officer does not approve a requested accommodation in the individualized protocol, the Assistant Warden, Operations, or the Parole Officer Supervisor will make the final decision and finalize the individualized protocol within three business days, following a discussion with the offender. The Assistant Warden, Operations, or the Parole Officer Supervisor will also ensure the rationale to approve or deny the accommodation is documented under the applicable section of the individualized protocol.
- Staff of the chosen gender, as specified in the offender’s individualized protocol, will conduct the searches. Exceptions may only be tolerated in emergency situations, where an accommodation would create an overriding health or safety concern that cannot be resolved. This will be recorded in accordance with CD 568-2 – Recording and Sharing of Security Information and Intelligence.
- When an offender requests new gender-related accommodations at the moment of a search:
- staff will verify if the offender has an individualized protocol in OMS, abide by its provisions or make required updates to the applicable sections prior to proceeding
- if the offender does not have an existing individualized protocol, staff will activate the Gender Considerations Need in OMS and complete the individualized protocol sections prior to proceeding. The individualized protocol will be finalized by the responsible staff in OMS without delay
- the individualized protocol will be signed by the offender without delay, and placed on their Case Management file. A copy will be provided to the offender, or
- when it is not possible to complete every section of the individualized protocol prior to the procedure, only the relevant section will be completed and others will indicate “no preferences”. A full individualized protocol will be completed and finalized by the responsible staff per applicable timeframe.
- Gender diverse offenders are provided the opportunity to choose who conducts any frisk or strip search, as follows:
- they may choose to be searched by a man or woman staff member or both (a split search), and
- if a split search is elected, the offender is provided the choice of which body parts are searched by whom.
- A split search will be conducted with each stage done in private.
Frisk Searches (Excluding Gender Diverse Offenders)
- Frisk searches of women offenders will be conducted by women staff members; however, they may be conducted in the presence of staff members of any gender.
- Frisk searches of men offenders will be conducted by staff members of any gender.
- If, before or during the course of frisk searches, men offenders object to being searched by women staff members, where reasonably practicable, the searches will be performed by men staff members.
- An offender who is supervised pursuant to a long-term supervision order is not subject to routine frisk searches. However, if there are reasonable grounds to suspect a violation of a condition and it is necessary to perform a frisk search to confirm the violation, they may be subject to a non‑routine frisk search.
Body Scan Searches
- Body scan searches may be conducted as outlined in Annex B when there is a body scanner in proper working order in the institution, trained staff are available to perform the search and the search can be safely carried out.
- Pursuant to subsection 48(2) of the CCRA, a body scan search will be conducted when a routine strip search would otherwise occur as per Annex B and if a body scanner is in the area where the strip search would normally be conducted.
- An offender may be subject to a non-routine body scan search, as per Annex B, to determine the presence of contraband.
- A body scan search consists of a compliant offender entering a body scanner for routine or non‑routine searching, as instructed by a trained operator.
- The trained operator will:
- be of the same gender as the offender, or in compliance with the offender’s gender-related needs as reflected in their individualized protocol
- provide instructions to the offender that are reasonably required for the safe and effective operation of the body scanner in accordance with its technical requirements and specifications, and
- ensure:
- images produced by the body scanner are of a quality that permits the trained operator to review and analyze them for the presence of contraband
- images are reviewed and analyzed for the presence of contraband
- the offender complies with instructions, which may be issued as justifiable orders for the purposes of section 40 of the CCRA, and
- they document an offender’s refusal to undergo a body scan search or an offender’s failure to comply with instructions, via a Statement/Observation Report.
- A body scan search is considered complete and valid if:
- the offender compliantly enters the body scanner
- the offender remains in the scanner as instructed by the trained operator for the duration of the scan and does not move their body in any manner that prevents a detailed image from being produced
- the images produced by the body scanner is of a quality that permits the trained operator to review and analyze them for the presence of contraband, and
- the trained operator has reviewed and analyzed the images produced by the body scanner for the presence of contraband.
- Refusal or medical inability to participate in a body scan, or a scan that is incomplete or invalid for any reason, may result in an offender being subjected to other forms of searches, as outlined in Annex B.
- If the results of a body scan indicate reasonable grounds to suspect the presence of contraband, pursuant to section 49 of the CCRA, an offender may be subject to a frisk search in accordance with Annex B.
- If the results of a body scan indicate reasonable grounds to believe the presence of contraband, pursuant to section 49 of the CCRA, an offender may be subject to a strip search in accordance with Annex B.
Strip Searches (Excluding Community Correctional Centres)
- Notwithstanding subsection 49(4) of the CCRA (emergency searches), a strip search, whether routine or non-routine, will be conducted in a private area, out of sight of others, by a staff member of the same sex, or, if applicable, in compliance with the offender’s individualized protocol. There will be a witness who will also be of the same sex as the individual being searched or in compliance with the offender’s individualized protocol, if applicable. This ratio may be augmented in the case where an offender is non-compliant at the time of the search.
- Notwithstanding subsection 49(4) of the CCRA, men staff members will not, under any circumstances, even in an emergency, conduct or witness the strip search of a woman offender, unless indicated otherwise in their individualized protocol, but will contain the situation until such time that women staff members arrive to conduct and witness the strip search.
- Strip searching a compliant woman offender will be performed in accordance with Annex D.
Exceptional Power of Search
- In accordance with section 53 of the CCRA, the Institutional Head may authorize a frisk search or strip search of all the offenders in the penitentiary or any part thereof where they are satisfied that there are reasonable grounds to believe that:
- there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and
- such a search is necessary in order to seize the contraband and avert the danger.
- Notwithstanding section 53 of the CCRA, the District Director will not authorize a strip search of all offenders in the Community Correctional Centre but may authorize a frisk search of all offenders in the Community Correctional Centre if they are satisfied that there are reasonable grounds to believe that:
- there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the Community Correctional Centre, and
- such a search is necessary in order to seize the contraband and avert the danger.
- The search will be authorized in writing using the Search Authorization form (CSC/SCC 1366).
Body Cavity Search (Excluding Community Correctional Centres)
- Where a staff member believes, on reasonable grounds, that an offender is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but will inform the Institutional Head.
- As outlined in section 52 of the CCRA, if the Institutional Head is satisfied that there are reasonable grounds to believe that an offender is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the Institutional Head may authorize, in writing, a body cavity search to be conducted by a registered health care professional, if the offender’s written consent is obtained.
- The offender will be given reasonable opportunity to communicate with legal counsel, if desired, by telephone, before the offender’s written consent to the body cavity search is sought.
- The registered health care professional will conduct the body cavity search under appropriate conditions, suited to a consensual non-emergency examination, once consent has been obtained.
Use of a Dry Cell (Excluding Community Correctional Centres)
- The detention of an offender in a cell without plumbing fixtures (dry cell) will be in conformity with the procedures outlined in Annex E.
- Pursuant to subsection 97(2) of the CCRR, the offender will be given reasonable opportunity to communicate with legal counsel without delay upon placement in a dry cell.
- An offender believed to be carrying contraband in their vaginal cavity, or elsewhere other than in their digestive tract or rectum, will not be placed in a dry cell.
- Subject to paragraph 49 of this policy and pursuant to section 51 of the CCRA, where the Institutional Head is satisfied that there are reasonable grounds to believe that an offender has ingested contraband or is carrying contraband in their digestive tract or rectum, the Institutional Head may authorize the detention of the offender in a cell dry cell as outlined in Annex E, with notice to the institution’s medical staff, on the expectation that the contraband will be expelled.
- The Institutional Head will provide the offender, as soon as practicable, with written reasons for any initial authorization for their detention in a dry cell or a continuation of that detention. The Institutional Head will also provide the offender, forthwith after the decision is taken, all the information that was considered in making the decision or a summary of that information.
- The initial detention in a dry cell will be up to 72 hours. Subsequent to a 72‑hour detention in a dry cell, the Institutional Head may authorize up to two additional 24-hour extensions, but the cumulative total duration of the dry cell detention must not exceed 120 hours.
- The Institutional Head can authorize a maximum of two additional 24-hour extensions, on the expectation that the contraband will be expelled, if the Institutional Head is satisfied that there are reasonable grounds to believe that the offender:
- has used a constipating agent (e.g., food, drugs) other than a substance used in accordance with directions given by a staff member or a registered health care professional
- is intentionally preventing the expulsion of the contraband by the insertion of a foreign object in the rectum or manual manipulation (such as removing the contraband to facilitate a bowel movement with reinsertion after bowel movement is completed), or
- has re-ingested or re-concealed contraband after it has been expelled.
Use of Body Scan Searches for Dry Cell Detention
- If a body scanner in proper working order is in the penitentiary and a detailed body scan search can be conducted, the Institutional Head will only authorize:
- the offender’s initial detention in a dry cell if the offender has been the subject of a detailed body scan search and the results of that search indicate that there are reasonable grounds to believe that the offender has ingested contraband or is carrying contraband in their rectum, or
- the continuation of the detention in a dry cell if the results of a new body scan search indicate that there are reasonable grounds to believe that the offender has ingested contraband or is carrying contraband in their rectum.
- When a body scanner in proper working order is in the institution, a new body scan search will be conducted when requested by an offender detained in a dry cell if they have not undergone a scan within the previous 24 hours.
- The Institutional Head will immediately submit a written report on the use of a dry cell to the Regional Deputy Commissioner if the Institutional Head authorizes the placement of an offender in a dry cell when there is no body scanner in proper working order in the penitentiary or when a body scan search cannot be conducted for any reason, including offender inability to undergo, or refusal to submit to, the body scan search.
- If the offender is the subject of a new body scan search, pursuant to subsection 53.1(2) of the CCRR, the Institutional Head will not authorize the continuation of the detention in a dry cell unless the results of the new body scan search indicate that there are reasonable grounds to believe that the offender has ingested contraband or is carrying contraband in their rectum.
Dry Cell Reporting
- The Institutional Head will immediately submit a written report to the Regional Deputy Commissioner when an offender has remained in a dry cell for a period of 48 hours from the initial detention.
- The Institutional Head will immediately submit a written report to both the Regional Deputy Commissioner and the Director General, Security, when:
- an offender’s placement in a dry cell exceeds 72 hours, and
- an offender’s placement in a dry cell exceeds 96 hours.
- The Institutional Head will immediately submit a written report to the Regional Deputy Commissioner when an offender’s placement in a dry cell ends.
Reporting Requirements
- The Search Log (CSC/SCC 0845) and Post-Search Report (CSC/SCC 1365) will be completed in any of the following circumstances:
- non-routine frisk, body scan or strip search of an offender or a group of offenders
- routine strip search in which the use of force occurred
- body scanner results that indicate the presence of contraband
- use of a dry cell
- body cavity search
- emergency search (without prior authorization) of an offender, and
- seizure of one or more items, articles or packages.
- Every Institutional Head/District Director who authorizes an exceptional search pursuant to section 53 of the CCRA will prepare and submit, within five working days:
- the Search Authorization form (CSC/SCC 1366)
- a Post-Search Report (CSC/SCC 1365) to the Regional Deputy Commissioner, and
- an Exceptional Search Report Checklist (CSC/SCC 1556e), which includes elements found in subsection 58(4) of the CCRR, to the Regional Deputy Commissioner and to the Director General, Security.
Contraband/Unauthorized Item Seizure Tags
- When contraband or unauthorized items, articles or packages are seized as a result of any search, the person who seized the item(s) will complete a Contraband/Unauthorized Item Seizure Tag (CSC/SCC 0482), attach it to each item and place the item in the secure evidence locker or turn it over to the custody of the seizure control officer, as outlined in CD 568-5 – Management of Seized Items.
- When seizing articles of ceremonial/cultural or religious significance, the Elder/Spiritual Advisor or Chaplain will be consulted by the decision maker as to a proper treatment of the items, articles or packages. Disposition of these articles is in accordance with CD 568-5 – Management of Seized Items.
ENQUIRIES
- Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@CSC-SCC.gc.ca
Commissioner,
Anne Kelly
Annex A - Cross-References and Definitions
Cross-References
- GL 005-1 - Institutional Management Structure: Roles and Responsibilities
- CD 100 – Gender Diverse Offenders>
- CD 084 - Inmates' Access to Legal Assistance and the Police
- CD 566 - Framework for Safe and Effective Correctional Environments
- CD 566-1 - Control of Entry to and Exit From Institutions
- CD 568-1 – Recording and Reporting of Security Incidents
- CD 568-5 - Management of Seized Items
- CD 577 - Staff Protocol in Women Offender Institutions
- CD 702 - Indigenous Offenders
- CD 800 - Health Services
- Highly Toxic Substances Protocol
- Religious and spiritual accommodation
Definitions
Body cavity search : the physical probing of a body cavity, in the prescribed manner.
Body scanner : a security screening device that is capable of detecting contraband or unauthorized items in or on a clothed person and includes a device that can produce detailed images of the insides of a person’s body.
Body scan search : a search conducted with a body scanner capable of producing detailed images of the insides of a person’s body.
Dry cell : a cell without plumbing fixtures that allows for close monitoring of the individual, while awaiting the expulsion of contraband.
Emergency search of an offender : where a staff member (a) believes on reasonable grounds that an offender is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and (b) believes on reasonable grounds that the delay that would be necessary in order to obtain the approval of the Institutional Head, or to comply with the gender requirement, would result in danger to human life or safety or in loss or destruction of the evidence, the staff member may conduct the strip search without authorization.
Emergency search of cells (section 53 of the CCRR) : where an emergency occurs and the Institutional Head believes on reasonable grounds that contraband or evidence that relates to the emergency is located in the cells, the Institutional Head may authorize a search of cells and their contents by a staff member.
Exceptional power of search of offender(s) (section 53 of the CCRA) : where the Institutional Head is satisfied that there are reasonable grounds to believe that (a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and (b) a frisk search or strip search of all the offenders in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger, the Institutional Head may authorize in writing such a search, subject to subsection 53(2).
Frisk search : (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l) of the CCRA.
Gender : a system that operates in a social context to classify people, often based on their assigned sex. In many contexts, this takes the form of a binary classification of either “man” or “woman”; in other contexts, this includes a broader spectrum.
Gender diverse : an umbrella term for gender identities or gender expressions that differ from dominant cultural or societal expectations based on sex assigned at birth, which encompasses all gender identities (e.g., non-binary, transgender, two-spirited, etc.).
Individualized protocol : refers to the Immediate Needs Indicators – Gender Considerations screen in OMS. The individualized protocol records an offender’s gender-related accommodation information, such as an offender’s chosen first and middle name(s), chosen pronoun(s), institution type preference (men’s or women’s), and the gender of staff (man or woman) who will complete security operational procedures. It would include procedures for activities such as urinalysis, monitoring under camera surveillance, frisk searches, strip searches, body scan searches, decontamination showers and voluntary nudity.
Non-intrusive search : (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l) of the CCRA.
Secure areas : areas within the penitentiary designated by the Institutional Head by means of institutional Standing Orders which are limited to areas where there is a potential for the introduction of contraband or unauthorized items, articles or packages.
Sex: the biological classification of a person as female, male or intersex. It is usually assigned at birth based on a visual assessment of external anatomy. Sex is primarily associated with physical and physiological features, including chromosomes, gene expression, hormone levels and function, and reproductive/sexual anatomy. For the purpose of this CD, the “sex” of an offender is determined solely by their current genitalia.
Strip search : (a) a visual inspection of the naked body, in the prescribed manner, and (b) a search, in accordance with any applicable regulations made under paragraph 96(l) of the CCRA, of all clothing, things in the clothing, and other personal possessions that the person may be carrying.
Annex B - Institutional Search Plan (Excluding Community Correctional Centres) - Searching of Inmates
Search Subjects | Search Type |
Location | Frequency | Reasonable Grounds – Suspicion and/or Belief | Prior Authorization | Consent Required | Person Responsible for Authorization | Search Log/ Reports (date, etc.) |
---|---|---|---|---|---|---|---|---|
Offenders | Non-intrusive – routine |
Not required | No | No | No* | |||
Offenders | Frisk
search – routine |
Not required | No | No | No* | |||
Offenders | Strip search – routine |
Not required | No | No | No | |||
Offenders | Body scan – routine |
Not required | No | No | No | |||
Offenders | Non-intrusive – non-routine |
Required | No | No | Yes | |||
Offenders | Frisk search – non-routine |
Required | No | No | Yes | |||
Offenders | Body scan – non-routine |
Required | Yes | No | Institutional Head |
Yes | ||
Offenders | Strip search – non-routine |
Required | Yes | No | Institutional Head |
Yes | ||
Offenders | Body cavity search |
Required | Yes | Yes | Institutional Head |
Yes | ||
Offenders | Dry cell | Required | Yes | No | Institutional Head |
Yes | ||
Offenders | Emergency | Required | No | No | Institutional Head (if time allows) |
Yes | ||
Offenders | Exceptional | Required | Yes | No | Institutional Head |
Yes |
*If contraband or unauthorized items, articles or packages are seized, complete forms Post-Search Report (CSC/SCC 1365) and Contraband/Unauthorized Item Seizure Tag (CSC/SCC 0482) in accordance with CD 568-5 – Management of Seized Items.
Annex C - Community Correctional Centres Search Plan - Searching of Offenders
Search Subjects | Search Type |
Location | Frequency | Reasonable Grounds – Suspicion and/or Belief | Prior Authorization | Consent Required | Person Responsible for Authorization | Search Log/ Reports (date, etc.) | |
---|---|---|---|---|---|---|---|---|---|
Offenders | Non-intrusive – routine |
Not required | No | No | No* | ||||
Offenders | Non-intrusive – non-routine |
Required | No | No | Yes | ||||
Offenders | Frisk search – non-routine |
Required | No | No | Yes | ||||
Offenders | Exceptional | Required | Yes | No | District Director | Yes |
*If contraband or unauthorized items, articles or packages are seized, complete forms Post-Search Report (CSC/SCC 1365) and Contraband/Unauthorized Item Seizure Tag(CSC/SCC 0482) in accordance with CD 568-5 – Management of Seized Items.
Annex D - Strip Searching of Women Inmates
In the case of routine strip searches, the visual inspection of the naked body of the compliant woman offender will normally be conducted in a two-step process.
In the first step, the woman offender being searched will be asked to remove all clothing that covers the upper torso, and a visual inspection of the body will occur. Once this area is searched, a shirt/top (either their own or institutional issue) will be provided to them to put on. In the second step, the woman offender will then be asked to remove all clothing that covers the lower half of their body. Once this area has been visually inspected, they will be given clothing to cover their lower body (their own or institutional issue).
Although the visual inspection of the naked body is being completed in two steps, it is in keeping with the legislation that governs this practice. Specifically, section 46 of the CCRA requires a visual inspection of the naked body in the prescribed manner.
The prescribed manner is outlined in section 45 of the CCRR whereby a visual inspection of the person by a staff member, in the course of which inspection the person being searched will undress completely in front of the staff. There is no requirement to be completely undressed all at once during the strip search as long as the woman has in fact been undressed completely during the process.
In the case of a woman being provided with a security garment, clothing will not be returned after each step given the potential risk for self-injury. The security garment should be provided immediately following the strip search.
In all cases of strip searches, the woman being searched may be required to open their mouth, display the soles of their feet, run their fingers through their hair, present open hands and arms, bend over or otherwise enable the staff member to perform the visual inspection.
A privacy barrier must normally be employed when conducting a strip search.
Strip search of women offenders must be conducted in accordance with CD-577 – Staff Protocol in Women Offender Institutions.
Annex E - Dry Cell Procedures
- Once the Institutional Head authorizes the dry cell placement, the Correctional Manager will complete the Search Authorization form (CSC/SCC 1366).
- Upon placement in a dry cell or continuation of placement beyond 72 hours, the offender will be provided with written notice of the reasons for the initial placement.
- The Correctional Manager will notify Health Services and document this in the logbook.
- The Institutional Head will monitor each placement in a dry cell and ensure attempts by staff for engagement with the offender take place on a daily basis. Engagements will be documented.
- The offender will be provided with an opportunity for showering at least once every 48 hours while supervised to reduce risk of losing the contraband. Adequate bedding, nutritious food in accordance with the Canada Food Guide, clothing, and toiletry articles including a toothbrush and toothpaste will be provided. Whenever possible, the offender will have access to recreation as long as risks of losing the contraband can be mitigated. Staff members will continue to educate offenders on the dangers and risks of ingesting or carrying contraband internally.
- Access to health services should be provided and reasonable access to spiritual assistance should be provided. A health professional will visit the offender daily. Activities permitted will not compromise the recovery of the contraband.
- The offender will be monitored continuously by a Correctional Officer. This process may be assisted by camera surveillance. The Officer will report any request made or consent given by the offender and any other observations using the Statement/Observation Report.
- No food item should be wrapped in plastic wrap. Juice and milk should be poured into a cup.
- Every food tray must be visually inspected prior to the meal and searched upon completion of the meal.
- Anytime the offender is removed from the dry cell, the cell must be searched prior to the offender being returned to that cell.
- When the offender is sitting on the toilet, instruct them to keep their hands above the toilet in plain view of the Correctional Officer. The offender must be viewed the entire time they are on the toilet.
- Instruct the offender to throw the used toilet paper into a garbage can lined with a clear plastic bag.
- The offender will be provided the opportunity to clean their hands with soap and water.
- Rinse out the toilet and return it to ready status.
- Complete a Post-Search Report (CSC/SCC 1365) and a Statement/Observation Report following every bowel movement to record whether anything is found.
- A Statement/Observation Report is required at the completion of every shift indicating samples provided or not provided and any other behaviours or observations.
- Call Institutional Goods and Services to ensure a full and thorough cleaning of the toilet takes place as necessary. At a minimum, this must be done at the end of an offender's stay, before a new offender is admitted to the dry cell.
- Once it is determined that contraband may have been expelled, the Correctional Officer will notify the Correctional Manager and initiate the process of operating the dry cell apparatus, putting on the protective equipment and searching for contraband.
- If a staff member or person engaged by CSC believes that the dry cell is having detrimental impacts on the offender’s health, the offender’s case will be referred to CSC’s Health Services. Detrimental impact could present as self-injury, signs of a drug overdose, or other signs of mental, emotional, and/or physical distress.
- The offender’s detention in a dry cell would be required to end if any of the following conditions exist:
- the Institutional Head is no longer satisfied that there are reasonable grounds to believe that the offender has ingested contraband or is carrying it in their rectum, or if there is no longer any expectation that the contraband will be expelled. For example, when all contraband is believed to have been seized or the Institutional Head has not authorized continued detention beyond 72 hours, or
- a registered health care professional recommends for physical or mental health reasons that an offender not remain in a dry cell.
Search Procedures
- The dry cell will be thoroughly searched prior to admitting the offender into the cell.
- A body scan search of the offender will be conducted prior to placement in the dry cell. If a body scan search cannot be completed in the prescribed manner, a strip search of the offender will be completed, according to the provisions of subsection 49(3) of the CCRA.
- If the body scan search results present reasonable grounds under Annex B to justify an additional non-routine search, the offender may be frisk searched or strip searched prior to entering the dry cell.
- In the event that a medical condition precludes the offender from undergoing a body scan search or strip search, an alternate method of searching will be conducted prior to placement in the dry cell.
- If any item is seized, follow the procedures outlined in CD 568-5 – Management of Seized Items. Any contraband retrieved will be handed over to the Security Intelligence Officer or placed in an evidence locker. Chain of custody procedures must be adhered to.
Annex F - Minimum Standards for the Designation of Secure Areas
The Standing Order will ensure:
- areas subject to search that are already covered by the CCRA and CCRR are not designated as secure areas
- secure areas are limited to areas where there is a potential for introduction of contraband or unauthorized items, articles or packages
- principal entrances of institutions that have multi-levels within one penitentiary reserve (e.g., clustered sites, annexes, etc.) are designated as secure areas, with a minimum of a non- intrusive or frisk search
- when Admission and Discharge areas are designated as secure areas, they include the minimum of a non-intrusive or frisk search
- when Health Care is designated as a secure area, consultation with Health Services staff at the institutional level must occur prior to designation
- when a secure area is designated, the appropriate signage must be posted stating that persons are subject to a search, and
- when a secure area is designated, it must be mentioned in the Institutional Search Plan, including the type of search and frequency.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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