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

Section 52 Disposition versions

2012-09-01

52. Despite the second paragraph of section 51, the facility director or a personnel member designated by the facility director may,

(1)  in the presence of the inmate and a personnel member, open the mail between the inmate and a person or a body referred to in the second paragraph of section 51 to determine whether its content could endanger the safety of a person or the security of the facility, interfere with the administration of justice or be used to commit an offence, or to ensure that it does not contain contraband or any other thing the inmate is prohibited or restricted from possessing in the facility;

(2)  if the facility director or personnel member believes on reasonable grounds that the mail does not come from a person or a body referred to in the second paragraph of section 51, read the mail between an inmate and such a person to the extent necessary to ascertain the identity of the sender; and

(3)  if the facility director or personnel member believes on reasonable grounds that the mail contains elements not protected by professional secrecy, read the mail between an inmate and his or her attorney to the extent necessary to examine those elements.

In the cases in subparagraphs 2 and 3 of the first paragraph, the facility director or personnel member may retain the mail until it is established that it comes from a person or a body referred to in the second paragraph of section 51 or that it is protected by professional secrecy.

O.C. 5-2007, s. 52.