The Court Security Act

The Court Security Act, C.C.S.M. c. C295 (Assented to April 26, 2000) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Security officers 3 Prohibitions re court areas 4 Security officer powers before entry 5 Security officer powers after entry 5.1 Seizure 5.2 Evicting persons creating security risk 6 Limited entry to restricted zones 7 Security officer may use reasonable force 8 Judicial powers unaffected 9 Offences 10 Lieutenant Governor in Council regulations 11 Ministerial regulations 12 C.C.S.M. reference 13 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "court" means The Court of Appeal, the Court of King's Bench or The Provincial Court; (« tribunal ») "court area" means a building, part of a building, or space used by a court and designated by regulation as a court area; (« zone du tribunal ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "prohibited item" means (a) alcohol, (b) cannabis (marijuana), (c) a controlled substance as defined in the Controlled Drugs and Substances Act (Canada), or (d) any item used to ingest a substance referred to in clause (b) or (c); (« article interdit ») "restricted zone" means a part of a court area designated by regulation as a restricted zone; (« zone d'accès restreinte ») "screen" means search using methods prescribed by regulation; (« contrôle ») "security officer" means a person or a member of a class of persons appointed under section 2; (« agent de sécurité ») "weapon" means (a) a firearm as defined in the Criminal Code (Canada), (b) a bomb or explosive device, or any component or ingredient of a bomb or explosive device, or (c) anything that could be used to (i) cause death or bodily harm to a person, or (ii) threaten or intimidate a person. (« arme ») S.M. 2017, c. 16, s. 2 . Appointment of security officers 2(1) The minister may appoint persons or the members of a class of persons as security officers to provide security in court areas. Powers of security officers 2(2) While carrying out his or her duties under this Act, a security officer is a peace officer. Prohibitions re court areas 3 No person shall (a) possess a weapon in a court area unless authorized to do so by regulation or by a security officer; or (b) possess a prohibited item in a court area. S.M. 2017, c. 16, s. 3 . Security officer may screen before entry 4(1) A security officer may screen a person for weapons and prohibited items before the person enters a court area. Security officer may refuse entry 4(2) A security officer may refuse a person entry to a court area if the person (a) refuses to be screened for weapons and prohibited items; (b) is in possession of a weapon and is not authorized by regulation or by a security officer to possess the weapon in a court area; or (c) is in possession of a prohibited item. S.M. 2017, c. 16, s. 4 . Security officer may screen after entry 5(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 is routinely conducted, and may screen the person for weapons and prohibited items. Security officer may evict 5(2) A security officer may evict a person from a court area if the person (a) refuses to be screened for weapons and prohibited items; (b) is in possession of a weapon and is not authorized by regulation or by a security officer to possess the weapon in a court area; or (c) is in possession of a prohibited item. S.M. 2017, c. 16, s. 5 . Seizure 5.1 A security officer may seize a weapon or a prohibited item that a person possesses in contravention of section 3. S.M. 2017, c. 16, s. 6. Evicting persons creating security risk 5.2(1) A security officer may evict a person from a court area if the person has threatened a person in a court area or caused a disturbance in a court area. Refusing entry or evicting persons who may pose security risk 5.2(2) A security officer may refuse a person entry to a court area or evict a person from a court area if the officer has reasonable grounds to believe that the person may threaten a person in a court area or cause a disturbance in a court area. Exception 5.2(3) Subsection (2) does not apply (a) when a person is a party or a witness in a court proceeding that is scheduled to occur that day; or (b) while a person is filing material with a court. S.M. 2017, c. 16, s. 6 . Limited entry to restricted zones 6(1) No person shall enter a restricted zone unless authorized by regulation. Security officer may evict 6(2) A security officer may evict a person from a restricted zone if the person is not authorized by regulation to enter that restricted zone. Security officer may use reasonable force 7 A security officer may use reasonable force in refusing a person entry to a court area or a restricted zone, or evicting a person from a court area or a restricted zone. Judicial powers unaffected 8(1) Nothing in this Act derogates from or replaces the power of a judge, associate judge or judicial officer to control court proceedings. Judicial access to court areas unaffected 8(2) Nothing in this Act affects the right of a judge, associate judge or judicial officer to have unimpeded access to a court area. S.M. 2023, c. 34, s. 53 . Offences 9(1) A person is guilty of an offence under this Act if the person (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 and prohibited items by a security officer; (c) possesses a weapon in a court area and is not authorized to do so by regulation or by a security officer; (c.1) possesses a prohibited item in a court area; (d) enters a restricted zone and is not authorized to do so by regulation; or (e) refuses to leave a court area or restricted zone when asked to do so by a security officer. Penalty 9(2) A person who is guilty of an offence under this Act is liable on summary conviction to a fine of not more than $5,000. or imprisonment for a term of not more than six months, or both. S.M. 2017, c. 16, s. 7 . Lieutenant Governor in Council regulations 10 The Lieutenant Governor in Council may make regulations designating buildings, parts of buildings or spaces permanently or temporarily as court areas. Ministerial regulations 11 The minister may make regulations (a) authorizing persons or members of a class of persons to possess weapons in court areas; (b) respecting the weapons that authorized persons or members of a class of persons may possess in court areas, and the terms and conditions on which they may possess those weapons; (c) respecting the criteria used to authorize persons to possess weapons in court areas; (d) prescribing search methods that may be used by security officers to screen persons for weapons and prohibited items; (d.1) respecting the forfeiture or disposal of weapons and prohibited items that have been seized under section 5.1; (e) designating parts of court areas as restricted zones; (f) authorizing persons or members of a class of persons to enter restricted zones; (g) limiting the peace officer powers of a security officer; (g.1) defining any word or expression used but not defined in this Act; (h) respecting any matter necessary or advisable to carry out the intent and purpose of this Act. S.M. 2017, c. 16, s. 8 . C.C.S.M. reference 12 This Act may be referred to as chapter C295 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 13 This Act comes into force on the day it receives royal assent.