S-40.1, r. 1 - Regulation under the Act respecting the Québec correctional system

Section 20 Disposition versions

2012-09-01

20. Frisk search means a search of the clothed body. It is a hand search carried out from head to foot, down the front and rear of the body, around the legs and thighs, and inside the folds of the clothing, pockets and footwear. If necessary, the person may be requested to lift, lower or open his or her outerwear for a visual inspection.

The search may also include a search of the jacket or coat that the person has been requested to remove and the other effects the person has in his or her possession, such as a briefcase, a handbag and a wallet.

It may also include a visual inspection of the open mouth and the insides of the nose and ears, and the person running his or her fingers through his or her hair.

For the purposes of the first paragraph, there must be compliance with the following conditions:

(1)  a frisk search of a female must always be conducted by a female correctional officer;

(2)  if, before or during a frisk search, a male inmate refuses to be searched by a female correctional officer, the search must be conducted by a male correctional officer to the extent possible and there is no urgency to act otherwise.

O.C. 5-2007, s. 20.