Third Session, 46th

General Assembly

59 Elizabeth II,

BILL 24

AN ACT RESPECTING COURT SECURITY

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE FELIX

COLLINS

Minister of Justice

and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill

would repeal and replace the Court

Security Act to update and clarify the law respecting court security. It

would

empower security officers as

defined in the Bill to provide court security for the Court of Appeal, the

Trial Division - General Division, the Trial Division - Family Division and the

Provincial Court of Newfoundland and Labrador;

prohibit weapons and other

prohibited items from being brought into a court area; and

provide that a security officer

may perform a frisk search in the course of screening and prescribe the manner

in which it is to be performed.

A BILL

AN ACT RESPECTING COURT SECURITY

Analysis

Short title

Definitions

Powers of security officers

Prohibition

Screening before entry

Screening after entry

Reasonable force

Eviction for disturbance

Judicial powers unaffected

Offence

Regulations

Regulations by minister

Preservation of powers and duties

SNL2004 cC-37.01 Rep.

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, 2010 .

Definitions

2. In

this Act

(a) " court "

means the Court of Appeal, the Trial Division - General Division, the Trial

Division - Family Division 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) "frisk search" means a search which

includes touching the exterior part of a person's personal possessions,

clothing or body;

(d) "judge" means a judge of the court;

(e) "minister" means the minister

appointed by the Executive Council Act to

administer this Act;

(f) "prohibited item" means an item

which is prohibited in a court area, and includes

(

i) alcohol,

(ii) illegal drugs,

(iii) illegal drug paraphernalia, or

(iv) another item the possession of which is

prohibited by the Criminal Code or a

law of the province;

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

court area designated by regulation as a restricted zone;

(h) "screen" and "screening"

means to search using methods prescribed by regulation and includes a frisk

search;

(i) "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

(j) "weapon" means

(

i) a firearm as defined in the Criminal Code , or

(ii) anything which could be used to

(

A) cause death or injury to a person, or

(

B) threaten or intimidate 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 .

Prohibition

(1) A

person shall not possess in a court area

(

a) a prohibited item; or

(

b) a weapon, unless that person is authorized to

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

the regulations.

(2) A person shall not enter a restricted zone

except where authorized to do so

(

a) by a judge or a security officer; or

(

b) in accordance with the regulations.

Screening before

entry

(1) A

security officer may verify a person's identity before that person enters a

court area.

(2) A security officer may screen a person for

weapons or prohibited items before a person enters a court area.

(3) Screening under this

section may include a

frisk search of a person.

(4) A frisk search shall be

(

a) conducted in a private portion of a court

area; and

(

b) conducted by a security officer of the same

sex as the person being searched.

(5) Unless otherwise directed by a judge, a

security officer may refuse a person's entry into a court area where that

person

(

a) refuses to be screened;

(

b) is in possession of a prohibited item; or

(

c) is in possession of a

weapon and is not authorized by the regulations or a security officer in

accordance with the regulations 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 may be conducted.

(2) Screening under this

section may include a

frisk search of a person.

(3) A frisk search shall be

(

a) conducted in a private portion of a court

area; and

(

b) conducted by a security officer of the same

sex as the person being searched.

(4) Unless otherwise directed by a judge, a

security officer may evict a person from a court area where that person

(

a) refuses to be screened;

(

b) is in possession of prohibited items; or

(

c) is in possession of weapon

and is not authorized by the regulations or a security officer in accordance

with the regulations 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

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 and may use reasonable force to do so.

(2) Unless otherwise directed by a judge, a

security officer may evict a person for causing a disturbance in a court area

or restricted zone and may use reasonable force to do so.

(3) For the purpose of this section, a person

causes a disturbance where that person

(

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; or

(

d) acts in a manner that a judge, or in the

absence of a judge, a security officer 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.

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 by a security officer;

(

c) possesses a

prohibited item in a court area or a restricted zone or possesses a weapon in a

court area or a restricted zone without authorization by regulation or by a

security officer in accordance with the regulations;

(

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; or

(

f) contravenes a regulation 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 to both a fine and a term of

imprisonment.

(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

11. The

Lieutenant-Governor in Council may make regulations

(

a) respecting

a person or class of persons already authorized to possess a weapon under

another Act who may or may not be authorized to possess a weapon in a court

area;

(

b) respecting the weapons that an authorized

person or members of a class of authorized persons may possess in a court area;

(

c) respecting the screening and search methods

that may be used by security officers in a court area;

(

d) respecting other matters necessary to the

security of court areas; and

(

e) generally, to give effect to the purpose of

this Act.

Regulations by

minister

12. The

minister, in consultation with the Chief Justices of the Court of Appeal and the

Trial Division, the Chief Judge of the Provincial Court and the High Sheriff,

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 as

a restricted zone and the manner in which a restricted zone is to be identified;

and

(

c) respecting a person or class of persons who

may enter a restricted zone of a court area.

Preservation of

powers and duties

13. Except

as otherwise provided for in this Act, the rights, powers, privileges, duties,

obligations and liabilities of the sheriff or anyone permitted by law to

perform the duties of the sheriff in force or existing before the enactment of

this Act shall continue to exist.

SNL2004 cC-37.01

Rep.

14. The Court

Security Ac t is repealed.

Commencement

15. This Act comes into force on October 1, 2010.

Earl G. Tucker, Queen's Printer