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Acts and Regulations

2014, c.104 - Court Security Act

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2014, c.104

Court Security Act

Deposited December 30, 2014

Definitions

1The following definitions apply in this Act.

“court” means The Court of King’s Bench of New Brunswick, The Court of Appeal of New Brunswick, The Probate Court of New Brunswick, the Provincial Court of New Brunswick 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 those 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.

2008, c.C-30.5, s.1; 2009, c.28, s.9; 2012, c.15, s.43; 2014, c.30, s.1; 2023, c.17, s.49

Screening by court security officer

2A 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.

2008, c.C-30.5, s.2

Persons authorized to have weapons

3The 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.

2008, c.C-30.5, s.3

Screening methods

4A 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) any other method prescribed by regulation.

2008, c.C-30.5, s.4

Refusal of entry

5A court security officer may refuse entry to a court area to any of the following persons and use as much force as is reasonably necessary to prevent that person’s entry:

(a) a person who does not satisfy the court security officer as to his or her identity;

(b) a person who refuses to be screened for weapons;

(d) a person whom the court security officer reasonably believes may be a threat to the safety of the court area or a person within the court area.

2008, c.C-30.5, s.5; 2014, c.30, s.2

Requiring person to leave

6A 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.

2008, c.C-30.5, s.6

Offence

7A 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 2 of the Provincial Offences Procedure Act as a category H offence.

2008, c.C-30.5, s.7

Savings provision

8Nothing 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.

2008, c.C-30.5, s.8

Status as peace officers

9A 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).

2008, c.C-30.5, s.9

Regulations

10The Lieutenant-Governor in Council may make regulations prescribing methods of screening.

2008, c.C-30.5, s.10

N.B. This Act was proclaimed and came into force February 9, 2015.

N.B. This Act is consolidated to June 16, 2023.