Body scanners and dry cell rules

Summary#

This is a proposed change to the Corrections and Conditional Release Regulations that would let the Correctional Service of Canada use body-scanning machines in federal prisons and set clearer rules for “dry cell” detention (cells without plumbing used to wait for expelled contraband). The proposal sets time limits and reporting and health checks for dry cells, and it is open for public comment after being published on May 6, 2023 (comments accepted for 30 days).

What it does#

• Allows the Correctional Service of Canada to use a new category called a body scanner (machines that can detect items on, in, or inside a person).
  • Two types of scans are described: a non-detailed scan (a silhouette that flags objects) and a detailed scan (an image showing the insides of a body).
  • Trained staff must run scans and follow health-and-safety guidance. People to be scanned must be given health/safety information first.
  • Detailed scans of inmates in dry cells must be done by a same-sex or gender‑appropriate operator when they reveal sensitive internal images.
• Changes the rules for dry cell detention:
  • If a working body scanner is available, a detailed scan must normally be done before an inmate is placed in a dry cell and before continuing detention.
  • Dry cell detention would be capped at 72 hours, with up to two discretionary 24-hour extensions (so up to 120 hours total) but only in specific circumstances (for example, evidence someone is delaying expulsion of contraband).
  • The institutional head must give written reasons to the inmate for any dry cell placement or extension.
  • The Service must monitor inmates’ physical and mental health while in dry cells and refer them to a registered health care professional if there are signs of harm.
• New reporting and data rules:
  • Immediate written reports must be sent to regional or national headquarters when dry cell detention is authorized without a scanner, when it reaches 48 hours, 72 hours, or 96 hours, and when it ends.
  • The Service must set procedures to collect, manage and analyze dry cell data to spot trends.
• Scans can also be used on visitors and staff in defined circumstances. Visitors who refuse a search may be limited to non‑contact visits or asked to leave.
• Privacy handling: scanned data would be managed under the Privacy Act; scans can be deleted with consent after 30 days, or retained up to 2 years when consent is not given.
• The document reports pilot testing that began in 2022 (two low-dose X‑ray scanners installed at Bath Institution and Edmonton Institution for Women) and anticipates procurement and wider roll‑out starting in 2024.

Who's affected#

• Correctional Service of Canada staff (will operate and manage scanners and new reporting).
• People in federal custody (inmates) — including women and groups that are over‑represented in prisons (for example, Indigenous peoples).
• Visitors to federal institutions and staff who may be subject to scans.
• Health care staff working in prisons (more monitoring and referrals).
• Correctional officers’ unions (the Union of Canadian Correctional Officers has been consulted and expressed support).
• The federal government and taxpayers (because of the purchase and operating costs).

Why it matters#

• Scanners aim to detect contraband concealed inside people — something current external searches can miss. That could improve safety for inmates, staff and visitors.
• The rules limit the time someone can be held in a dry cell (72 hours with narrow conditions for extending up to 120 hours). That reduces how long people may be held in highly restrictive conditions.
• The proposal adds clearer oversight: written reasons to inmates, medical monitoring, and mandatory reports to headquarters — measures intended to make dry cell use more transparent and humane.
• There are trade-offs:
  • The government’s cost estimate for rolling out scanners and related work is $9,003,947 (present value) over 10 years, while monetized short‑term savings are estimated at $294,797.
  • The analysis estimates inmates would spend 38,347 hours fewer in dry cells over 10 years if these rules are adopted.
  • Privacy and health questions remain important because detailed scans produce sensitive images; the proposal relies on the Privacy Act and internal rules to limit access and retention.
  • The proposal is not law yet — it was published for comment on May 6, 2023 and invited public input for 30 days.