First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 54

AN ACT RESPECTING COURT SECURITY

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE THOMAS W. MARSHALL, QC

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is to

empower the sheriff and sheriff's officers to provide court security for the Court

of Appeal, Trial Division, Unified Family Court and Provincial Court of the

province.

A BILL

AN ACT RESPECTING COURT SECURITY

Analysis

Short title

Definitions

Powers of security officers

Weapon prohibition

Screening before entry

Screening after entry

Reasonable force

Eviction for disturbance

Judicial powers unaffected

Offence

Regulations

Rules committee rules

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Court Security

Act .

Definitions

2. In

this Act

(a) "court" means the Court of Appeal,

Trial Division, Unified Family Court and the Provincial Court of Newfoundland

and Labrador ;

(b) "court area" means a building, part

of a building, land or space used by a court and designated as a court area by

regulation;

(c) "judge" means a judge of a court;

(d) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(e) "restricted zone" means a part of a

court area designated by regulation as a restricted zone;

(f) "Rules of Court" means the Rules of the Supreme Court of Newfoundland

and Labrador , 1986 made under the Judicature Act ;

(g) "screen" and "screening"

means to search using methods prescribed by regulation;

(h) "security officer" means the

sheriff, a deputy sheriff or a sub-sheriff appointed under the Sheriff's Act, 1991 and an officer or

member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted

Police stationed in the province; and

(i) "weapon" means a firearm as defined

in the Criminal Code and a thing used, designed to be used or intended for use

(

i) in causing death or injury to a person, or

(ii) for the purpose of threatening or intimidating

a person.

Powers of

security officers

3. While

carrying out his or her duties under this Act, a security officer has all the

powers and protections of a peace officer under the Criminal Code.

Weapon

prohibition

4. A

person shall not possess a weapon in a court area unless authorized to possess

that weapon by regulation or by a security officer acting in accordance with

the regulations and the Rules of Court.

Screening before

entry

(1) A

security officer may require a person to satisfy the security officer as to the

person's identity.

(2) A security officer may screen a person for

weapons before the person enters a court area.

(3) Unless otherwise directed by a judge, a

security officer may refuse a person's entry to a court area if that person

(

a) refuses to be screened for weapons; or

(

b) is in possession of a weapon and is not

authorized by the regulations or a security officer to possess a weapon in a

court area.

Screening after

entry

(1) A

security officer may require a person inside a court area to move to a place,

inside or outside the court area, where screening for weapons may be conducted.

(2) A security officer may evict a person from a

court area if that person

(

a) refuses to be screened for weapons; and

(

b) is in possession of a weapon and is not

authorized by the regulations or a security officer to possess a weapon in a

court area.

Reasonable force

7. A

security officer may use reasonable force in refusing a person entry to a court

area or a restricted zone or in evicting a person from a court area or a

restricted zone.

Eviction for

disturbance

(1) A

security officer shall evict a person from a court area or restricted zone

where directed to do so by a judge.

(2) Where a judge is not present in a court area

or restricted zone, a security officer may require a person who is causing a

disturbance in that area or zone to leave and may use the force that is

reasonably necessary to evict that person.

(3) A person causes a disturbance within the

meaning of subsection (2) where he or she

(

a) fights, screams, shouts, swears, sings or uses

insulting or obscene language;

(

b) is impaired by alcohol or drugs;

(

c) impedes or molests another person; and

(

d) acts in a manner that a judge considers to be

disruptive.

Judicial powers

unaffected

(1) This

Act shall not be considered to derogate from or replace the power of a judge

under common law or otherwise to control the proceedings of the court.

(2) This Act shall not be considered to affect the

right of a judge to have unimpeded access to a court area or a part of a court

area.

(3) This Act shall not, subject to the direction

of a judge, be considered to affect the right of an officer of the court who is

a member of the court staff to have unimpeded access to a court area.

(4) This Act shall not, subject to the direction

of a judge, be considered to affect the right of an officer of the court to

have unimpeded access to a court area that is not a restricted zone.

Offence

(1) A

person who

(

a) enters a court area after a security officer

has refused the person entry;

(

b) enters a court area after refusing to be

screened for weapons by a security officer;

(

c) without authorization by regulation or a

security officer, possesses a weapon in a court area or a restricted zone;

(

d) without authorization by regulation, a judge

or a security officer, enters a restricted zone;

(

e) refuses to leave a court area or restricted

zone when asked to do so by a security officer; and

(

f) contravenes a regulation or the Rules of Court

made with respect to this Act,

is guilty of an offence and is liable on

summary conviction to a fine of not more than $5,000 or to a term of

imprisonment of not more than 6 months or both.

(2) Nothing in this

section derogates from the

right or authority of a court to initiate contempt proceedings for conduct that

contravenes subsection (1).

Regulations

(1) The

Lieutenant-Governor in Council may make regulations

(

a) designating a building, part of a building,

land or other space as a court area;

(

b) designating a part or parts of a court area,

land or other space as a restricted zone and the manner in which a restricted

zone is to be identified;

(

c) where it is necessary for security purposes,

designating an area adjacent or near a court area, including a part of a street

or road, to be reserved at specified times to provide secure vehicle parking

and secure access to and egress from vehicle parking by a judge or juror;

(

d) as recommended under subsection (2); and

(

e) generally to give effect to the purpose of

this Act.

(2) The minister shall recommend to the

Lieutenant-Governor in Council, upon the advice of the Chief Judge of the

Provincial Court of Newfoundland and Labrador , with respect to court areas of the Provincial Court of Newfoundland

and Labrador

(

a) that a person or class of persons already

authorized to possess a weapon under another Act may or may not be authorized

to possess weapons in those court areas;

(

b) weapons that an authorized person or members

of a class of authorized persons may possess in those court areas;

(

c) criteria to be used to authorize persons to

possess weapons in those court areas;

(

d) screening and search methods that may be used

by security officers in those court areas;

(

e) a person or class of persons who may enter a

restricted zone of those court areas; and

(

f) other matters necessary to the security of

those court areas.

Rules committee

rules

12. The

rules committee of the Trial Division and of the Court of Appeal established

under

section 54 of the Judicature Act

may make rules with respect to security in a court area of the Trial Division,

Court of Appeal and Unified Family Court in the same manner and with the same

effect as rules made under

section 55 of the Judicature Act, with respect to

(

a) a person or class of persons already

authorized to possess a weapon under another Act, who may or may not be

authorized to possess weapons in those court areas;

(

b) weapons that an authorized person or members

of a class of authorized persons may possess in those court areas;

(

c) criteria to be used to authorize persons to

possess weapons in those court areas;

(

d) screening methods that may be used by security

officers in those court areas;

(

e) a person or class of persons who may enter a

restricted zone of those court areas; and

(

f) other matters necessary to the security of

those court areas.

Commencement

13. This Act shall come into force on a date to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer