Order Fixing October 1, 2024 as the Day on which Certain Provisions of An Act to amend the Corrections and Conditional Release Act and another Act Come into Force : SI/2024-45
Canada Gazette, Part II, Volume 158, Number 21
Registration
SI/2024-45 October 9, 2024
AN ACT TO AMEND THE CORRECTIONS AND CONDITIONAL RELEASE ACT AND ANOTHER ACT
Order Fixing October 1, 2024 as the Day on which Certain Provisions of An Act to amend the Corrections and Conditional Release Act and another Act Come into Force
P.C. 2024-1020 September 20, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, under subsection 41(2) of An Act to amend the Corrections and Conditional Release Act and another Act, chapter 27 of the Statutes of Canada, 2019, fixes October 1, 2024 as the day on which sections 12, 15, 16, 18, 21 and 22 of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
Pursuant to subsection 41(2) of An Act to amend the Corrections and Conditional Release Act and another Act, this Order fixes October 1, 2024, as the day on which sections 12, 15, 16, 18, 21, and 22 of that Act come into force.
Objective
The objective of this Order is to bring into force certain amendments to the Corrections and Conditional Release Act (the Act) that authorize the use of body scanners in federal institutions and remove the authority to use medical X-ray machines for searches.
Background
In 2019, An Act to amend the Corrections and Conditional Release Act and another Act (hereafter referred to as former Bill C-83), received royal assent, which provided important changes to the Act to strengthen the federal correctional system and address ongoing concerns and criticisms. Among the changes, former Bill C-83 reinstated the obligation for the Correctional Service of Canada (CSC) to use the least restrictive measures consistent with the protection of society, staff members and offenders, and provided provisions for less invasive alternatives to physical body cavity searches with the introduction of searches through body scanning technology.
Former Bill C-83 created a skeleton framework for the use of body scan search technology to prevent the introduction of illegal substances into federal correctional institutions. The amendments authorize the CSC to conduct body scan searches on inmates, visitors and staff for security purposes. The legislative framework relies on the development and implementation of regulations, via amendments to the Corrections and Conditional Release Regulations (CCRR), to define the type of body scanner(s) to be used, the manner in which the body scanner(s) will be used, and the circumstances under which a body scan can be conducted. These regulatory changes have been aligned to come into force on the same date fixed by the Governor in Council for these amendments to the Act.
In coordination with the addition of body-scanning technology, the bill removed the option of using medical X-ray scanners as a search tool. The use of medical X-rays for contraband detection had historically posed challenges for the CSC, as many physicians would not consent to this practice based on the fact that it was being used for reasons other than medically related diagnostic imaging, even with full consent from the inmate that would be subject to the X-ray. Medical X-rays were previously in the Act to support decision making for dry cell placements, which will be replaced by body scanners with these legislative amendments. The aforementioned amendments to the CCRR, which will be coming into force, will prescribe the manner and circumstance for use, including dry cell placements.
Implications
Body scan technology provides the CSC with a non-intrusive search option that also addresses the risk associated with individuals attempting to introduce contraband hidden inside a person — a limitation of some of the search options currently used by the CSC (e.g. frisk searches).
Further, introducing body scanners reduces the need for persons to undress, hastens the search process, maintains greater respect and dignity of individuals and is an impartial process for searching diverse groups of people. Body scan searches will also ensure the respect and dignity of all persons, particularly women and individuals with gender identity and expression considerations who are more likely to have histories of sexual and physical abuse, while responding to various cultural and religious practices and considerations (e.g. removing head coverings).
Although there are no inherent financial considerations to the specific amendments to the Act, the purchase, installation and trained operation of body scanners in federal institutions will result in costs. The CSC will implement these body scanners using existing resources.
Consultation
Although the introduction of body scanners was not the main focus of former Bill C-83, discussions and consultations regarding the authority for the CSC to conduct body scan searches took place during the development and passage of that bill. For example, a stakeholder round table was held in May 2019, co-hosted by the CSC and Public Safety Canada to discuss the rationale for former Bill C-83, its implications for federal corrections and how it would be implemented. Sixteen diverse stakeholder groups were in attendance, including formerly incarcerated persons, prisoner advocacy groups, mental health organizations, and employee unions. During this event, discussions were held regarding all elements of the bill, including the introduction of body scan searches. While the focus of this event was largely on other elements of Bill C-83, no significant concerns were raised with the implementation of body scan technology.
Prior to that, in Senate Committee discussions surrounding the bill, the notion of body scan technology was positively received, noting the benefits to men, women and gender-diverse people. There were no concerns raised during that time regarding the proposal; rather, the Senate raised concerns if the CSC did not implement body scanners. Similarly, parliamentary discussions regarding former Bill C-83 described body scan technology as progressive, more reliable, less invasive, and contributing to the safety of both staff and inmates. During prepublication of the proposed Regulations Amending the Corrections and Conditional Release Regulations in the Canada Gazette, Part I, commenters were supportive of the introduction of body scanners, citing their potential to reduce the use of more invasive search tools such as strip search.
Contacts
Stacey Ault
Director
Corrections and Criminal Justice Division
Crime Prevention Branch
Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Email: correctionspolicy-politiquecorrectionnelles@ps-sp.gc.ca
Patrick Derby
Director
Strategic Policy Division
Strategic Policy and Planning Branch
Correctional Service Canada
340 Laurier Avenue West
Ottawa, Ontario
K1P 5K3
Email: policy-politiques.gen-nhq@csc-scc.gc.ca