Originally Posted by baddog

Legislation which determines the use and conduct of strip searches is known as The Corrections and Conditional Release Act (1992). Section 48 discusses the issues with strip searches and who conducts them. Section 48 reads, ?A staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion, (a) in the prescribed circumstances, which circumstances must be limited to situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or (b) When the inmate is entering or leaving a segregation area? (Corrections and Conditional Release Act, 1992). This is an important statute as it determines strip searches must be conducted by members of the same sex. It is especially important to define this aspect clearly because it prevents the already intrusive strip search from becoming far more humiliating. It also serves to protect individuals against sexual assaults occurrences while in custody. In certain circumstances, these rules become null and void, for example in emergency situation which then can allow for opposite sex strip searches. ?(4) Where a staff member (a) satisfies the requirements of paragraph (3)(a), and (b) believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) 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 complying with paragraph (3)(b) or the gender requirement of subsection (3)? (Corrections and Conditional Release Act, 1992). If there is a question of immediate safety or the loss of evidence, it is acceptable practice for officers of the opposite sex to conduct a strip search. The issues surrounding opposite sex searches came into question in the case of R. v. Mattis (1998). Notwithstanding exigent circumstances, failure to comply with these rules may result in a violation of section 8 of the Charter. In the case of Mattis, she was witnessed accepting money from an individual and giving something in exchange. The officers who witnessed this, later found cocaine on the other individual and thus Mattis was charged with possession of cocaine with the intent to traffic. The evidence in this case was dismissed due to the fact that male officers conducted a strip search of Ms. Mattis (R. v. Mattis, 1998).