Commissioner's Directive

Policy Objectives

1. To provide direction related to the searching of cells, vehicles, and other areas of the institution to prevent the introduction, possession and exchange of contraband and unauthorized items.

2. To ensure the Correctional Service of Canada uses measures that are consistent with the protection of society, staff members and offenders and that are limited to only what is necessary and proportionate to attain the purposes of the Corrections and Conditional Release Act.

Authorities

3. Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 58, 61, 62 and 65

Corrections and Conditional Release Regulations (CCRR), sections 51, 52, 53, 55, 57 and 58

Application

4. This Commissioner's Directive applies to staff involved in searches at all institutions including Community Correctional Centres, except as noted.

Responsibilities

5. The Institutional Head/District Director will:

1. approve the Search Plan; and
2. ensure persons conducting searches are properly trained.

6. The Institutional Head may authorize searches of vehicles at the penitentiary as per section 61 of the CCRA.

7. The Deputy Warden will ensure:

1. there are documented procedures directing the searching of cells, vehicles and other areas; and
2. quality assurance and control protocols are in place for searching cells, vehicles and other areas. These include measures against standards and the development and implementation of regular performance measures.

8. The Assistant Warden, Operations/Area Director will:

1. develop the Search Plan; and
2. ensure searching equipment is available and functioning.

9. The Correctional Manager/Manager, Community Correctional Centre, will manage the Search Plan.

10. The Manager, Community Correctional Centre, will assign staff to conduct searches.

11. The Correctional Officer will:

1. search vehicles, cells/rooms and other areas as per the Search Plan; and
2. complete and submit search reports as per the policy.

12. Any other person such as Shop Instructors, Program Delivery Officers, Kitchen Stewards and Teachers will search their own areas regularly.

Procedures

Search Plan

13. The Search Plan will include, but not be limited to, all the elements outlined in Annex B.

14. The Search Plan will specify that all cells/rooms and other areas of the institution, including Community Correctional Centres, are to be routinely searched once every 30-day period.

15. For Community Correctional Centres, the Search Plan will also include a thorough visual inspection of all offender-accessible areas within a 30-day period.

16. Routine searches of cells at institutions will be conducted in the presence of another staff member.

17. Routine searches at Community Correctional Centres will normally be conducted in the presence of another staff member or contractor.

18. The Search Plan will require that verification of personal effects be made against the Inmate Property Record contained in the Offender Personal Property module of the Offender Management System. This does not apply to Community Correctional Centres.

Searching of Aboriginal Items

19. Any required security examination of Aboriginal 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. In the owner's absence, an Elder, an Elder's representative (who is not an inmate) or a religious representative will inspect or manipulate the contents for inspection.

Searches of Cells/Rooms

Non-Routine Searches (Section 52 of the CCRR)

20. Where a staff member believes on reasonable grounds that contraband or evidence of an offence is located in an inmate's cell/room, the staff member may, with the prior authorization of a supervisor, search the cell and its contents.

21. A staff member is not required to obtain an authorization or conduct a search in the presence of another staff member, where the staff member believes on reasonable grounds that delaying a search in order to comply with those obligations would result in danger to the life or safety of any person or the loss or destruction of contraband or evidence.

Emergency Searches

22. 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 the search of cells and their contents by a staff member (see section 53 of the CCRR).

23. Emergency cells searches will not be counted against the regular cell searches as outlined in the Institutional Search Plan.

24. At a Community Correctional Centre, an emergency search may be authorized by the Manager of the Community Correctional Centre.

Searches of Vehicles

Non-Routine Searches of a Vehicle

25. As per subsection 61(2) of the CCRA, a staff member who believes on reasonable grounds that contraband is located in a vehicle at an institution in circumstances constituting an offence under section 45 may, with prior authorization from the Institutional Head, search the vehicle.

26. Where a staff member believes on reasonable grounds that the delay to obtain prior authorization from the Institutional Head would result in danger to human life or safety or the loss or destruction of the contraband, the staff member may search the vehicle without that prior authorization (see subsection 61(3) of the CCRA).

Emergency Power to Search a Vehicle

27. As per subsection 55(2) 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 a vehicle on penitentiary property, the Institutional Head may authorize a search of the vehicle and its contents by a staff member.

Exceptional Power to Search Vehicles

28. The Institutional Head may authorize, in writing, a staff member to search the vehicles at a penitentiary if he/she has reasonable grounds to believe that:

1. there is clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and
2. it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger (see subsection 61(4) of the CCRA).

Reporting Requirements

29. Every time a cell, vehicle or other area is searched by manual or mechanical means, the searching officers will complete the Search Log (CSC/SCC 0845).

30. The Search Log (CSC/SCC 0845) and Post-Search Report (CSC/SCC 1365) will be completed in the following circumstances:

1. one or more items are seized; or
2. the search is non-routine.

31. Every Institutional Head/District Director who authorizes an emergency search of inmate cells/rooms will prepare and submit to the Regional Deputy Commissioner and the Director General, Security, as soon as practicable, a Post-Search Report (CSC/SCC 1365) about the search.

Contraband/Unauthorized Item Seizure Tags

32. When contraband or unauthorized items are seized as a result of any search, the person who seized the items 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.

33. When seizing articles of religious significance, the Aboriginal Elder/Spiritual Advisor, Chaplain or representative of a religious group will be consulted as to proper treatment of the items which is respectful of the individual's beliefs. These articles will be disposed of as per CD 568-5 – Management of Seized Items.

Enquiries

34. Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Annex A: Cross-References and Definition

Cross-references

• CD 004 – National Standards for the Deployment of Correctional Officers, Annex B
• CD 568-5 – Management of Seized Items
• CD 702 – Aboriginal Offenders
• CD 714 – Community Correctional Centre Standards
• GL 005-1 – Institutional Management Structure: Roles and Responsibilities
• CSC Manual on Religious and Spiritual Accommodation

Definition

Thorough visual inspection:

a routine inspection to visually detect contraband or unauthorized items. The inspection does not normally include opening drawers, closets, etc. but may include inspecting under beds or behind dressers.

Annex B: Institutional Search Plan – Searching Of Cells, Vehicles And Other Areas Of The Institution

***   If a seizure is made, complete forms Post-Search Report (CSC/SCC 1365) and Contraband/ Unauthorized Item Seizure Tag (CSC/SCC 0482).