This regulation sets court-security screening rules, who may possess weapons or enter restricted zones, and how seized items are kept, returned, or forfeited.
Court Security Regulation, M.R. 48/2000 The Court Security Act , C.C.S.M. c. C295 Regulation 48/2000 Registered April 27, 2000 bilingual version (HTML) Table of Contents Section 1 Authorized screening procedures 2 Persons authorized to possess weapons 3 Designated restricted zones 4 Restricted zone sign 5 Persons authorized to enter restricted zones 6 Retaining seized items 7 Forfeiture of seized items Authorized screening procedures 1(1) Security officers may use the following search methods to screen a person for weapons or prohibited items: (a) holding an electronic metal-detector near the person's body; (b) requiring the person to pass through an electronic metal-detector; (c) using a fluoroscope to view the exterior and interior of clothing or of a bag, briefcase or other thing carried by the person, but not attached to his or her body; (d) requiring the person to empty the contents of his or her pockets, or of any bag, briefcase or any other thing carried by the person, and examining the contents. (e) touching the exterior part of a person's personal possessions, clothing or body. Conducting frisk search 1(2) A search conducted under clause (1)⁠(e) must be (a) conducted in a private area; and (b) performed by a security officer of the same gender as the person being searched. M.R. 110/2017 Persons authorized to possess weapons 2(1) The following persons may possess a weapon in a court area: (a) a security officer; (b) a participant in a court proceeding who is (i) required to possess the weapon for the purpose of the proceeding, or (ii) authorized by the presiding judge to possess the weapon for the purpose of the proceeding; (c) a person who is authorized to possess the weapon by a security officer under subsection (2); (d) an employee of the Department of Justice who possesses the weapon in the course of his or her employment. Authorization by security officer 2(2) A security officer may authorize a person to possess a weapon in a court area if the security officer has reason to believe that the person will not use the weapon to (a) cause death or serious bodily harm to a person; or (b) threaten or intimidate a person. Designated restricted zones 3 The following parts of a court area are designated as restricted zones: (a) chambers, offices, passageways, elevators, registries, work areas, libraries, storage areas and any other part used exclusively by judges, associate judges, judicial officers, court officers, magistrates, justices of the peace, employees of the Department of Justice or Department of Highways and Government Services or security officers; (b) parking garages; (c) any part to which every entrance is marked with a sign described in section 4. Restricted zone sign 4 A sign marking an entrance to a restricted zone shall be rectangular in shape, 20 cm (8 inches) wide and 15 cm (6 inches) high, with brown lettering on a beige background, reading "Authorized Personnel Only/Réservé au personnel autorisé". Persons authorized to enter restricted zones 5 The following persons may enter restricted zones: (a) a judge, associate judge, judicial officer, court officer, magistrate, or justice of the peace; (b) an employee of the Department of Justice or the Department of Highways and Government Services; (c) a security officer; (d) a person admitted to a restricted zone by a person described in clause (a), (b) or (c). Retaining seized items 6(1) Subject to a court order, an item seized by a security officer must be retained for at least 60 days. Application for return of seized item 6(2) The person from whom an item was seized may apply in writing to the Chief Sheriff within 60 days after the item was seized to have the item returned. Return of seized item 6(3) Subject to subsections (4) and (5), the director must return a seized item to a person if he or she is satisfied that the person is the owner of the seized item. Exception for unlawful items 6(4) A seized item must not be returned to a person if possession of the item is unlawful. Items involved in prosecution 6(5) If the detention of a seized item is required for the investigation or prosecution of an offence, it is to be dealt with in accordance with the Criminal Code (Canada) or The Provincial Offences Act . M.R. 110/2017 Forfeiture of seized items 7(1) Subject to subsection 6(5), a seized item is forfeited to the government if (a) no application under subsection 6(2) for return of the item is made within 60 days after the item was seized; or (b) an application for return of the seized item is denied by the Chief Sheriff. Disposition of forfeited items 7(2) Items that are forfeited to the government are to be disposed in accordance with directions from the Chief Sheriff. M.R. 110/2017
