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2nd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 17

THE COURT SECURITY AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C295 amended

1           The Court Security Act is amended by this Act.

2           Section 1 is amended

(a) by replacing the definition "weapon" with the following:

"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 »)

(b) by adding the following definition:

"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 »)

3           Section 3 is replaced with the following:

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.

4(1)        Subsection 4(1) is amended by adding "and prohibited items" after "weapons".

4(2)        Subsection 4(2) is replaced with the following:

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.

5(1)        Subsection 5(1) is amended by adding "and prohibited items" after "weapons".

5(2)        Subsection 5(2) is replaced with the following:

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.

6           The following is added after section 5:

Seizure

5.1         A security officer may seize a weapon or a prohibited item that a person possesses in contravention of section 3.

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.

7           Subsection 9(1) is amended

(a) in clause (b), by adding "and prohibited items" after "weapons"; and

(b) by adding the following after clause (c):

(c.1) possesses a prohibited item in a court area;

8           Section 11 is amended

(a) in clause (d), by adding "and prohibited items" after "weapons";

(b) by adding the following after clause (d):

(d.1) respecting the forfeiture or disposal of weapons and prohibited items that have been seized under section 5.1;

(c) by adding the following after clause (g):

(g.1) defining any word or expression used but not defined in this Act;

Coming into force

9           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Court Security Act. Security officers are authorized to conduct searches for liquor and illegal drugs when people come to court. Security officers may seize weapons, liquor and illegal drugs that are brought into court.

The Bill also enables security officers to evict a person who causes a disturbance and to evict or prevent a person from entering court when there are reasonable grounds to believe that the person will cause a disturbance.