Ontario Regulation 190/23 introduces amendments to Regulation 778 of the Revised Regulations of Ontario, 1990. The focus of these changes is primarily on the practices surrounding strip searches within correctional institutions, aiming to enhance the rights and dignity of inmates while ensuring the security of correctional facilities.

One of the key amendments refines the definition of a “strip search,” explicitly stating that it involves the removal of clothing from specific parts of the body (top, bottom, or entire body) that is not associated with medical examinations. This clarification provides clearer guidelines on what constitutes a strip search. Additionally, a new section mandates that the Minister conduct a comprehensive review of strip search practices and their operational impact by September 30, 2028, intended to assess the necessity and implications of such searches in correctional environments.

The amendments also prohibit the Superintendent from authorizing manual searches of inmates’ rectal or genital cavities unless they are part of a consensual medical examination or required in emergency situations. A new provision emphasizes that searches of inmates and their property must be conducted respectfully, taking into account the accommodation needs of individuals under the Human Rights Code. This focus on dignity and respect is further reinforced by requiring that searches, particularly strip searches, be conducted by personnel of the same gender as the inmate unless operational feasibility dictates otherwise.

Strict protocols for conducting strip searches have been established. They can only be performed by officers or managers of the same gender as the inmate, who must be informed of the purpose and process of the search beforehand. Searches are to be conducted visually without physical contact, although exceptions are made for facilitating movements or addressing mobility issues. Moreover, at least one additional officer must witness the search to ensure oversight and accountability.

The regulation also enhances documentation requirements for strip searches, mandating written records that include the names of personnel involved, the date and time, justification for the search, and confirmations of compliance with protocols. Additionally, it revises rules governing inmate segregation, specifying that the segregation review period begins on the first day of confinement and ends just before the one-year mark unless the inmate remains in segregation. A maximum limit of 60 aggregate days is set for holding an inmate in segregation, with extensions allowed only under specific safety or security concerns. The regulation outlines specific implementation dates for various sections, ensuring a phased approach to enforcement and compliance.

Ontario Regulation 190/23 is intended to improve the humane treatment of inmates, balancing security needs with respect for individual rights. By clearly defining practices and responsibilities, the regulation aims to minimize unnecessary distress and promote transparency in correctional operations.

Ontario (190/23) July 29, 2023