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NEWFOUNDLAND AND LABRADOR
REGULATION 107/11

Court Security Regulations
under the
Court Security Act, 2010
(O.C. 2011-373)

(Filed December 13, 2011)

Under the authority of section 11 of the Court Security Act, 2010, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , December 13, 2011.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Court Security Regulations.

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Definitions

        2. In these regulations

             (a)  "Act" means the Court Security Act, 2010;

             (b)  "floroscope machine" means a mechanical device which uses x-rays and a florescent screen to display images in real time; and

             (c)  "metal detector" means a mechanical device for the detection of metal objects which may be hand-held or stationary.

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Screening and search methods

        3. The screening authorized under sections 5 and 6 of the Act may be accomplished by one or more of the following methods:

             (a)  by requiring a person to pass through a stationary metal detector;

             (b)  by passing a hand-held metal detector near or around a person's body;

             (c)  by using a fluoroscope machine to examine the contents of a person's personal possessions or clothing;

             (d)  through a physical search of the contents of a person's personal possessions or clothing by a security officer; or

             (e)  by a frisk search in the manner authorized under the Act.

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Exemption to screening requirements

        4. Judges, court employees, security officers, wildlife officers, and other persons in the discretion of the High Sheriff are exempt from screening under the Act.

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Persons authorized to possess a weapon

        5. The following persons may possess a weapon in a court area:

             (a)  a security officer;

             (b)  a participant in a court proceeding who is

                      (i)  required to possess the weapon as part of the court proceeding, or

                     (ii)  authorized by a judge to possess a weapon as part of the court proceeding; and

             (c)  a person authorized by a security officer on duty at a particular courthouse where the security officer has reason to believe that the person will not use the weapon to cause death or injury to, or threaten or intimidate a person.

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Judicial power unaffected

        6. Nothing in these regulations derogates from or replaces

             (a)  the power of a judge at common law or otherwise to control the proceedings of the court;

             (b)  the power of a judge to give directions to a security officer incidental to the exercise of a contempt power;

             (c)  the right of the chief judge or a judge in the exercise of judicial functions; or

             (d)  the administrative power of the chief judge to direct and control the precincts of a courthouse.