Quote:
Originally Posted by PAR
Yep, The Corrections and Conditional Release Act (1992) says this is a no no ...
But there have been times when search has been conducted by the opposite sex and held up in court.
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Case law legislation and violations regarding strip searches within canada | Law Teacher
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.