Class-Action Regarding Illegal Strip Searches
Date: July 8, 2020
Classification: Unclassified
Branch / Agency: CSC
Issue:
The media are reporting that a proposed class action has been served by former and current inmates accusing the federal government of improperly conducting strip-searches.
Proposed Response:
- The Correctional Service of Canada is committed to safe, humane, and effective corrections for offenders in Canada.
- While strip-searching sometimes may be necessary to maintain the safety of inmates and staff, and the security of the institution, it is performed in the most discrete, humane, and sensitive manner possible by trained professionals.
- As per Privacy Act, the Correctional Service of Canada cannot comment on specific cases.
Background
Strip Searching
Searching of offenders is a measure to prevent the introduction of drugs and contraband into the institutions. Correctional Service of Canada (CSC) relies on staff professionalism and attentiveness, in combination with detection equipment, search practices and a variety of approved techniques to prevent the entry of drugs and contraband.
Class-Action Suit
According to the proposed class action, inmates allegedly were forced to remove all of their clothing, bend over, spread open their buttocks, manipulate their genitalia, remove soiled tampons, and/or cough while squatting naked in front of others. All of their bodily orifices were inspected. These were conducted indiscriminately, without any suspicion of wrongdoing. The defendant has illegally strip searched the class members in the impugned situations hundreds of thousands of times and has thus violated their rights under the common law and the Canadian Charter of Rights and Freedoms (“Charter”).
Strip Searching of Women
CSC recognizes that many women offenders’ have experienced trauma, including sexual abuse. While strip searching may be necessary to maintain the safety of inmates and staff, and the security of the institution, it is performed in the most discrete, humane, and sensitive manner possible by Primary Workers who do this in a trauma-informed manner. The strip search of a woman offender is a two-step process whereby the women is asked to remove all clothing that covers her upper torso. The clothes are searched and returned to the woman to put in before she is asked to remove all clothing that covers the lower half of her body.
Policies
CSC also has strict policies concerning contraband and unauthorized activities. These policies are enforced through extensive search procedures applying to staff, visitors and inmates. This is governed by the following Commissioner's Directives (CD): CD 566-1, CD 566-2, CD 566-7, CD 566-8, CD 566-9 and CD 566-12.
Legislation supports routine strip searches within prescribed circumstances, which must adhere to the policy on searching. CSC has policies in place to ensure that measures used are consistent with the protection of society, staff members and offenders. CSC policies, procedures and training on searching also protect an inmate's rights to be secure against unreasonable search or seizure, as outlined in section 8 of the Canadian Charter of Rights and Freedoms.
Contacts:
Prepared by: Jessica Martineau, Officer Parliamentary Relations, 613-943-1726
Approved by: Kirstan Gagnon, Assistant Commissioner, Communications & Engagement, 613-995-6867
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