Body Scanners Authorized in Federal Prisons

Summary#

This Order sets October 1, 2024 as the day several parts of An Act to amend the Corrections and Conditional Release Act and another Act come into force. Those parts let the federal prison service use body scanning technology for searches and remove the option to use medical X-ray machines for that purpose.

What it does#

• Fixes October 1, 2024 as the day sections 12, 15, 16, 18, 21 and 22 of An Act to amend the Corrections and Conditional Release Act and another Act come into force.
• Authorizes the Correctional Service of Canada to carry out body scan searches on inmates, visitors and staff for security purposes.
• Removes the option to use medical X-ray machines for searches (including for dry cell decision-making).
• Says that the specific rules about which body scanners can be used, how they will be used, and when they can be used will be set out in the Corrections and Conditional Release Regulations (CCRR). Those regulatory changes are aligned to come into force on the same day.

Who's affected#

• Correctional Service of Canada — will implement, buy, install and operate the scanners and write procedures.
• People in or visiting federal prisons: inmates, visitors and staff who may be subject to body scan searches.
• Medical professionals who were sometimes asked to perform medical X-rays for security reasons; that practice is being removed.
• Correctional staff who will need training to operate and interpret body scanners.
• Advocacy groups and families who follow prison search practices and dignity issues.

Why it matters#

• Body scanners are presented as a less invasive, faster and more private search option than strip or cavity searches. That can affect the dignity and safety of people in federal prisons, especially women and gender-diverse people or those with histories of abuse.
• Removing medical X-rays for searches addresses concerns about using diagnostic medicine for security purposes and the reluctance of physicians to participate.
• There will be costs to buy, install and train staff on scanners, though the government says the Correctional Service of Canada will use existing resources to implement them.
• The Order brings into force parts of a 2019 law (commonly known as Bill C‑83) that set the legal framework for these changes.