2nd Session, 41st Legislature
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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:
The Court Security Act is amended by this Act.
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 »)
Section 3 is replaced with the following:
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.
Subsection 4(1) is amended by adding "and prohibited items" after "weapons".
Subsection 4(2) is replaced with the following:
Security officer may refuse entry
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.
Subsection 5(1) is amended by adding "and prohibited items" after "weapons".
Subsection 5(2) is replaced with the following:
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.
The following is added after section 5:
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
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
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.
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.
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;
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;
This Act comes into force on a day to be fixed by proclamation.