BILL 25
Court Security Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1 The following definitions apply in this Act.
“court” means The Court of
Queen’s Bench of New Brunswick, The Court of Appeal of New Brunswick,
The Probate Court of New Brunswick, the Provincial Court and the Small
Claims Court of New Brunswick. (tribunal)
“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 includes an area that is used
for conducting court proceedings, for a judge’s chambers or
for a judge’s office, an area that is used as an office or workplace
for the purposes of a court and any common areas used in connection
with any of the aforementioned areas. (lieux du tribunal)
“court security officer” means
a sheriff, deputy sheriff or a sheriff’s officer appointed under
the Sheriffs Act, a police
officer appointed under the Police
Act and a member of the Royal Canadian Mounted Police. (agent de sécurité du tribunal)
“weapon” means a firearm as
defined in the Criminal Code (Canada) and anything else that could be used to (arme)
(a) cause death or serious bodily harm to a person,
or
(b) threaten or intimidate a person.
Screening by court security officer
2 A court security officer may require a person who wishes to enter
a court area to
(a) satisfy the court security officer as to the person’s
identity, and
(b) submit to a screening for weapons, if the court security
officer is not satisfied that the person is authorized to have possession
of a weapon in the court area.
Persons authorized to have weapons
3 The following persons may have possession of a weapon in a court
area:
(a) a court security officer in the performance of his or
her duties and any other person who is authorized by law to carry
a weapon in the performance of his or her duties; and
(b) a person who, in the performance of his or her duties,
is responsible for the examination, inventory, storage, maintenance
or transportation of court exhibits and evidence.
Screening methods
4 A court security officer may use any of the following methods of
screening for the purposes of section 2:
(a) holding or passing a metal detector on or near a person’s
body;
(b) requiring a person to pass by or through a metal detector
or explosives detector;
(c) using a fluoroscope or other technology to view the
exterior and interior of clothing worn by the person or of anything
carried by or accompanying the person, including any bag or briefcase;
(d) a pat down frisk of a person by a court security
officer of the same gender as the person being screened, if available,
and if a court security officer of the same gender is not available,
a pat down frisk in the presence of a court staff member of the same
gender as the person being screened;
(e) requiring a person to empty his or her pockets, bags
or anything he or she is carrying or bringing with him or her and
examining the contents;
(f) passing articles that a person is carrying or bringing
with him or her through an x-ray machine; or
(g) using any other method prescribed by regulation.
Refusal of entry
5 If a court security officer is not satisfied as to a person’s
identity, a person refuses to be screened for weapons or a person
is carrying or bringing a weapon with him or her, the court security
officer may refuse the person entry to a court area and may use as
much force as is reasonably necessary to prevent such entry.
Requiring person to leave
6 A court security officer may at any time require any of the following
persons to leave a court area and may use as much force as is reasonably
necessary to force the person to leave:
(a) a person who refuses to produce identification;
(b) a person who refuses to be screened for weapons;
(c) a person, other than a person referred to in
section 3, whom the officer reasonably
believes is carrying a weapon; or
(d) a person whom the officer reasonably believes may be
a threat to a person within a court area.
Offence
7 A person who enters or attempts to enter a court area after having
been refused permission to enter by a court security officer or who
remains in a court area after having been required to leave by a court
security officer commits an offence that is punishable under Part
II of the Provincial Offences Procedure
Act as a category H offence.
Savings provision
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 court proceedings or of a person charged with carrying
out the orders of the judge.
Status as peace officers
9 A court security officer in carrying out his or her duties under
this Act has and may exercise all the powers, authority, privileges,
rights and immunities of a peace officer as defined in the Criminal Code (Canada).
Regulations
10 The Lieutenant-Governor in Council may make regulations prescribing
methods of screening.