Court Security Act

Short title

1 This Act may be cited as the Court Security Act. 1990, c. 7, s. 1.

Interpretation

2 In this Act,

(a) "court" means the Supreme Court, a county court, a county court judges criminal court, a probate court, the Family Court, a youth court, a city court, the Small Claims Court, a judge of the provincial court or a justice of the peace;

(b) "court area" means an area that is used for the purposes of a court, whether or not the public is normally admitted to the area, and, without restricting the generality of the foregoing, includes an area that is used for conducting court proceedings, for a judge's chambers or judge's office or for an office or workplace used for the purposes of a court and any common areas used in connection with such areas;

(c) "weapon" has the same meaning as in the Criminal Code (Canada). 1990, c. 7, s. 2.

Appointment of security officers

3 (1) For the purpose of providing security in a court area, the Attorney General may appoint security officers.

Powers of security officers

(2) Every security officer appointed pursuant to subsection (1) has, for the purpose of this Act, the powers of a peace officer. 1990, c. 7, s. 3.

Entry to court area

4 A security officer may

(a) require a person to satisfy the security officer as to the person's identity; and

(b) if the security officer is not satisfied that the person is a peace officer, an officer of the court or a person authorized by the regulations to have possession of a weapon in a court area, screen the person for weapons,

before the person enters a court area or at any time while the person is within a court area and, if the security officer is not satisfied as to the person's identity, the person refuses to be screened for weapons or the person is carrying a weapon, the security officer may refuse the person entry to the court area and use as much force as is reasonably necessary to prevent such entry or, where the person is in the court area, may require the person to leave the court area and use as much force as is reasonably necessary to force the person to leave. 1990, c. 7, s. 4.

Illegal entry to court area

5 (1) Every person who enters or attempts to enter a court area after having been refused permission to enter or after having been requested to leave by a security officer is guilty of an offence.

Illegal possession of weapon in court area

(2) Every person who has a weapon in that persons possession in a court area, other than a peace officer, officer of the court in the performance of the officer's duties or a person authorized by the regulations, is guilty of an offence. 1990, c. 7, s. 5.

Person directed by judge to leave

6 (1) A security officer shall require a person to leave a court area where the security officer is directed to do so by a judge and may use such force as is reasonably necessary to force the person to leave.

Person causing a disturbance

(2) Where a judge is not present in a court area, a security officer may require a person who is causing a disturbance in a court area to leave the court area and may use such force as is reasonably necessary to force the person to leave.

Interpretation of subsection (2)

(3) A person causes a disturbance within the meaning of subsection (2) where that person

(a) fights, screams, shouts, swears, sings or uses insulting or obscene language;

(b) is impaired by alcohol or drugs; or

(c) impedes or molests other persons. 1990, c. 7, s. 6.

Illegal entry to restricted area

7 Every person who enters or attempts to enter or remains in an area that, pursuant to the regulations, is an area in a court house to which access is restricted to designated persons and that is identified as such, pursuant to the regulations, is guilty of an offence unless that person is a person who is designated pursuant to clause (b) of Section 9. 1990, c. 7, s. 7.

Power of judge unaffected

8 Nothing in this Act derogates from or is intended to replace the power of a judge, whether established by common law or otherwise, to control the proceedings of the court. 1990, c. 7, s. 8.

Regulations

9 The Governor in Council may make regulations

(a) providing for the organization, co-ordination, supervision, discipline and control of security officers;

(b) designating persons authorized to have possession of weapons in a court area;

(c) respecting the establishment of areas in a court house to which access is restricted to designated persons and respecting the manner in which such areas are to be identified;

(d) defining any word or expression used in this Act but not defined herein;

(e) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. 1990, c. 7, s. 9.

Proclamation

10 This Act comes into force on and not before such day as the Governor in Council orders and declares by proclamation. 1990, c. 7, s. 10.

Proclaimed - July 24, 1990

In force - September 1, 1990