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12-50 – Searches and Inspections of Cadets

Cadet Administrative and Training Orders (CATOs)

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Introduction

Purpose

1. This order established the policy on searches and inspections of cadets during approved activities conducted in Canada or abroad.

NOTE

Searches and inspections of Canadian Armed Forces (CAF) members, civilian instructors, league members and other civilians present during Cadet activities are governed by law, including but not limited to the Criminal Code of Canada and the National Defence Act, and Queen’s Regulations and Orders for the Canadian Armed Forces.

NOTE

General safety inspections (fire prevention, preventative medicine, environmental, etc.) of buildings and sites in areas under the control of the Department of National Defence or the Canadian Forces (owned or leased) are governed by law, including but not limited to the National Defence Act, and Queen’s Regulations and Orders for the Canadian Armed Forces. This type of inspection may be conducted without parental consent by Canadian Armed Forces members or civilian employees appointed by the applicable authority.

Application

2. This order applies to:

  1. CAF members tasked with the administration, supervision or training of cadets;
  2. civilian instructors; and
  3. Sea, Army and Air cadets.

Date of Effect

3. This order comes into effect upon receipt.

Supersession

4. The following documents are cancelled:

  1. 2015 CTC Joining Instructions directive issued by the Director Cadets and Junior Canadian Rangers (sent by mail) on 10 October 2014;
  2. Amendment to the 2015 CTC Joining Instructions directive issued by the Director Cadets and Junior Canadian Rangers (sent by email) on 12 December 2014.

Enquiries

5. Enquiries may be directed to D Cdts & JCR 2-2 through the chain of command.

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Definitions

6. Definitions found in QR (Cadets) and CATO 11-04 are used in this CATO, as well as the following:

“controlled substance” means a substance whose possession is either illegal or controlled by law, and included in Schedule I, II, III, IV or V of the Controlled Drugs and Substances Act;

“prohibited item” means an item whose possession is illegal by law;

“restricted item” means an item whose possession is controlled by law;

“staff cadet” refers to:

  1. a staff cadet employed at a cadet training centre, cadet flying training centre or cadet music training centre, and
  2. in this CATO, a senior cadet assigned to operations or support duties during other types of training activities; and

“unauthorized item” means an item whose possession by a cadet during an approved activity is not permitted in accordance with this CATO.

General

7. There may be instances during approved activities when it is necessary to conduct searches or inspections of cadets, including, but not limited to their uniform, equipment, luggage, locker(s), sleeping accomodation and common areas. Whatever the reasons may be for doing so, this policy is meant to ensure that searches and inspections are conducted in accordance with law and CAF policy, including but not limited to this CATO.

Searches

8. In Canada, a search is defined as an examination of a person or property, including a person’s house or other buildings, premises, or vehicle, with the aim to discover contraband, illicit or stolen property, or some evidence of guilt to be used in the prosecution of an offence.

9. In circumstances where there is thought to be reasonable grounds to search a cadet, including but not limited to his/her person, luggage, locker(s), quarters as well as effects and equipment under his/her care, the Commanding Officer or his/her representative shall contact the Military Police or civilian police, whichever applies, who will either obtain parental consent to conduct the search or seek lawful authority to do so through a search warrant.

10. In Canada, no one else may conduct a search of a cadet.

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Inspections

11. For the purposes of this order, an inspection is defined as an examination of a cadet, including but not limited to his/her uniform, luggage, locker(s), sleeping accomodations as well as effects and equipment under his/her care, for the purpose of ensuring compliance with this order and other applicable direction.

12. Inspections shall be conducted in a respectful manner, such as having a person inspecting luggage and lockers of cadets from the same gender wherever practical, and with the least amount of intrusion on the cadets’ privacy. Inspections shall be conducted equally for all cadets in a given group, e.g. in the same division, platoon or section, etc. They shall not be conducted on only one or selected cadets in a given group.

13. Inspections, when conducted, shall be used only to fullfil the Canadian Armed Forces’ obligation to supervise the CCO as mandated in the National Defence Act. Some of these inspection types however will require parental consent beforehand as stated hereinafter.

Inspection Limits

14. Inspections shall not be used as a vehicle or pretext to examine a cadet’s, or group of cadets’, effects, locker(s) and other items under his/her care on suspicion of being involved in an illegal, restricted or unauthorized activity.

15. Under no circumstances may personal cellular telephones, electronic or computer devices (tablets, laptops, desktops, etc.), journals, notes or diaries be inspected.SENT”.

Inspection Types

16. Different inspection types can be ordered and conducted, some simultaneously, during the course of a cadet activity. While some may take place frequently as a matter of routine, others might be conducted only when the situation dictates it. The following are the only approved inspection types to which a cadet may be subjected:

  1. uniform inspections;
  2. luggage or kit inspections;
  3. sleeping accomodations’ inspections; and
  4. safety rounds.

Uniform Inspections

17. This inspection type is normally conducted to verify that:

  1. the cadet is wearing the proper order of dress, including badges and accoutrements, or other clothing as directed;
  2. the order of dress (or other clothing) is clean and, when applicable, pressed;
  3. when applicable, his/her boots are clean and polished; and
  4. his/her hair and general appearance meet established standards.

18. This inspection type may be conducted without prior parental consent by:

  1. a CAF member (an officer or an NCM);
  2. a civilian instructor; and
  3. a cadet or staff cadet under the general supervision of a CAF member present on-site and based on clear direction.

Luggage or Kit Inspections

19. This inspection type is normally conducted at the beginning of a cadet activity, but may also take place at any moment after, to verify the cadet:

  1. has packed the required uniform, clothing, equipment and personal effects, in sufficient quantities, and these are in good condition and properly maintained; and
  2. has not misplaced or forgotten his/her belongings;
  3. does not have prohibited, restricted or unauthorized items in his/her possession, as listed at Annex B to this order.

20. When inspecting luggage and/or kit:

  1. the cadet who owns it or to whom it has been assigned shall be present;
  2. the person inspecting should be of the same gender as the cadet being inspected.

21. With prior parental consent, this inspection type may be conducted by:

  1. a CAF member (an officer or an NCM);
  2. a civilian instructor under the general supervision of a CAF member present on-site and based on clear direction; and
  3. a cadet or staff cadet under the direct supervision of a CAF member, i.e. in his or her line of sight.

22. See details below under “PARENTAL CONSENT”.

Sleeping Accommodations’ Inspections

23. This inspection type may take place at any moment during a cadet activity to verify that:

  1. the cadet’s sleeping accomodation, locker(s), luggage, storage area(s) and common areas are clean and orderly;
  2. the cadet has clean clothes to wear;
  3. the cadet practices proper personal hygiene habits;
  4. the cadet has hung his/her wet clothes and towels to dry;
  5. the cadet is not keeping food in his/her sleeping accomodation, locker(s), luggage, storage area(s) and common areas;
  6. the cadet does not have prohibited, restricted or unauthorized items in his/her possession, as listed at Annex B to this order.

24. When inspecting locker(s), luggage and other personal storage areas, the cadet to whom it belongs or it was assigned shall be present.

25. With prior parental consent, this inspection type may be conducted by:

  1. a CAF member (an officer or an NCM);
  2. a civilian instructor under the general supervision of a CAF member present on-site and based on clear direction; and
  3. a cadet or staff cadet under the direct supervision of a CAF member, i.e. in his or her line of sight.

26. See details below under “PARENTAL CONSENT”.

Safety Rounds

27. Conducted anytime during the day or night, this inspection type may take the form of scheduled or impromptu rounds or visits of sleeping accomodations meant to detect the presence of a fire, damage, theft, inappropriate behaviour, etc.

28. When inspecting sleeping accomodations while the cadets are present and out of bed:

  1. individuals conducting the inspection shall be of the same gender or accompanied by a member of that gender; and
  2. cadets shall be given an opportunity to don appropriate clothing or to cover themselves.

29. When inspecting sleeping accomodations while the cadets are present but in bed:

  1. individuals conducting the inspection shall be of the same gender or accompanied by a member of that gender;
  2. disruptions shall be kept to a minimum; and
  3. cadets shall not be disturbed, woken up or taken out of bed without valid reasons.

30. With prior parental consent, this inspection type may be conducted by:

  1. a CAF member (an officer or an NCM);
  2. a civilian instructor, cadet or staff cadet under the general supervision of a CAF member present on-site and based on clear direction; and
  3. a civilian employee hired for that specific purpose.

31. See details below under “PARENTAL CONSENT”.

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Parental Consent

32. Inspections, as described above, may be conducted during an approved activity under one condition: the parental consent form shall not only include a statement allowing the child to participate in it but another one as well, at the very least, allowing the CAF to conduct inspections, including related details. Under no circumstances shall it be possible for parents to consent to their child’s participation without consenting also to the conduct of inspections.

33. Said consent is obtained when cadets and their parents complete the Offer of Participation Form or Activity Registration Form for training and activities managed through Fortress. As for those not managed through Fortress, cadets and parents shall be required to complete the Inspection Consent Form found at Annex A to this CATO, in addition to a participation consent form.

Failing an Inspection or Search

34. Corrective measures could be taken against a cadet for failing any one or more inspection or search aspects, in accordance with CATO 15-22 Conduct and Discipline – Cadets.

Refusing to Submit to an Inspection

35. Corrective measures could be taken against a cadet for refusing to submit to an inspection, in accordance with CATO 15-22 Conduct and Discipline – Cadets.

Prohibited, Restricted and Unauthorized Items

36. A list of items that are prohibited or restricted by law or unauthorized by CAF policy can be found at Annex B to this CATO.

37. The list of items listed at Annex B must be included in all joining instructions or other information documents provided to cadets and their parents. This list can be augmented as necessary to meet the uniqueness of an activity, however the items on it cannot be removed except where indicated in this order.

38. If prohibited or restricted items are found, these shall be handed to the applicable police agency (military or civilian) except where indicated at Annex B. Unauthorized items shall either be confiscated for the duration of the training or activity or sent back to the cadet’s home at the parents’ expense, whichever is more practical and economical, except where indicated.

References

Source References

Related References

Annexes

Annex A

Inspection Consent Form

Annex B

Prohibited, Restricted and Unauthorized Items

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OPI: D Cdts & JCR 2

Date: 19 June 2015

Amendment:  Ch 9/15

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