Court Security Act
Consolidated act- Citation
- S.N.W.T. 2006, c.2
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.(1) In this Act,
"court" means the Court of Appeal, Supreme Court and Territorial Court; (tribunal)
"court area" means
(a) a building, part of a building, or space designated by the regulations as a court area, and
(b) a part of any building or space during the period of time when it is required for use by a court; (zone du tribunal)
"judge" means a judge of a court; (juge)
"restricted equipment zone" means a part of a court area designated by the regulations as a restricted equipment zone; (zone de restriction sur certains appareils)
"restricted personnel zone" means a part of a court area designated by the regulations as a restricted personnel zone; (zone d’accès restreint)
"screen" means to search using methods prescribed by regulation; (contrôle)
"security officer" means a security officer appointed under subsection 9(1) and a person who holds an office referred to in subsection 9(2); (agent de sécurité)
"weapon" means
(a) a firearm as defined in the Criminal Code, and
(b) anything that could be used to
(i) cause death or serious bodily harm to a person, or
(ii) threaten or intimidate a person. (arme)
(2) Nothing in this Act derogates from or replaces the power of a judge or judicial officer to control court proceedings.
(3) Nothing in this Act affects the right of a judge or judicial officer to have unimpeded access to a court area.
(4) Nothing in this Act prevents the recording of court proceedings by judicial officers.
WEAPONS IN COURT AREAS
Possession of weapon prohibited
2.No person shall possess a weapon in a court area unless authorized to do so by the regulations or by a security officer or judge.
Screening persons entering court area
3.(1) A security officer may screen a person for weapons before the person enters a court area.
(2) A security officer may require a person inside a court area to move to a place where screening is routinely conducted and may screen the person for weapons.
Refusal of entry and eviction
4.A security officer may refuse a person entry to or may evict a person from a court area, as the case may be, if the person
(a) refuses to be screened for weapons; or
(b) is in possession of a weapon and is not authorized by the regulations or by a security officer or judge to possess the weapon in a court area.
RESTRICTED PERSONNEL ZONES
Entry prohibited
5.No person shall enter a restricted personnel zone unless authorized by the regulations or by a security officer or judge.
Refusal of entry and eviction
6.A security officer may refuse a person entry to or may evict a person from a restricted personnel zone, as the case may be, if the person is not authorized by the regulations or by a security officer or judge to enter the restricted personnel zone.
RESTRICTED EQUIPMENT ZONES
Use of equipment prohibited
7.No person shall use a camera, cell phone, recording device or other prescribed equipment in a restricted equipment zone unless authorized to do so by the regulations or by a security officer or judge.
Refusal of
8.A security officer may
(a) refuse a person entry to a restricted equipment zone if the person
(i) is using a camera, cell phone, recording device or other prescribed equipment,
(ii) is not authorized by the regulations or by a security officer or judge to use the item, and
(iii) does not comply with a request to stop using the item before entering the restricted equipment zone; or
(b) evict a person from a restricted equipment zone if the person
(i) uses a camera, cell phone, recording device or other prescribed equipment in the restricted equipment zone, and
(ii) is not authorized by the regulations or by a security officer or a judge to use the item.
SECURITY OFFICERS
Appointment of security officers
9.(1) The Minister may appoint persons as security officers to provide security in court areas.
(2) The following persons are, by virtue of their office, security officers:
(a) the Sheriff and persons appointed as deputy sheriffs under the Judicature Act;
(b) members of the Royal Canadian Mounted Police.
(3) A security officer is a peace officer and has all of the powers, authority, protections and privileges that a peace officer has by law when carrying out duties and functions under this Act.
(4) A security officer may use reasonable force in refusing a person entry to a court area, restricted personnel zone or restricted equipment zone, or in evicting a person from a court area, restricted personnel zone or restricted equipment zone.
OFFENCE AND PUNISHMENT
Offences
10.(1) A person is guilty of an offence under this Act if he or she
(a) enters a court area after refusing to be screened for weapons by a security officer;
(b) enters a court area, restricted personnel zone or restricted equipment zone after a security officer has refused the person entry;
(c) refuses to leave a court area, restricted personnel zone or restricted equipment zone when asked to do so by a security officer;
(d) possesses a weapon in a court area and is not authorized to do so by the regulations or by a security officer or judge;
(e) enters a restricted personnel zone and is not authorized to do so by the regulations or by a security officer or judge; or
(f) uses a camera, cell phone, recording device or other prescribed equipment in a restricted equipment zone and is not authorized to do so by the regulations or by a security officer or judge.
(2) A person who is guilty of an offence under this Act is liable on summary conviction to a fine not exceeding $5,000 or imprisonment for a term not exceeding six months or to both.
REGULATIONS
Regulations
11.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) designating buildings, parts of buildings or spaces as court areas;
(b) authorizing persons or members of a class of persons to possess weapons in court areas;
(c) respecting the weapons that authorized persons or members of a class of persons may possess in court areas, and the terms and conditions under which they may possess those weapons;
(d) prescribing search methods that may be used by security officers to screen persons for weapons;
(e) designating parts of court areas as restricted personnel zones;
(f) authorizing persons or members of a class of persons to enter restricted personnel zones;
(g) designating parts of court areas as restricted equipment zones;
(h) prescribing equipment, in addition to that specified in section 7, that may not be used in restricted equipment zones;
(i) authorizing persons or members of a class of persons to use equipment in restricted equipment zones;
(j) respecting the equipment that authorized persons or members of a class of persons may use in restricted equipment zones, and the terms and conditions under which they may use that equipment; and
(k) respecting any matter necessary or advisable to carry out the intent and purpose of this Act.
(2) A designation made under paragraph (1)(a) may be made to have effect on an intermittent basis in respect of a building, part of a building or space that is used by a court periodically, and if a designation is made on that basis it is in effect only during the period in which the court area is required for use by a court.
Repealed, S.N.W.T. 2010,c.16,Sch.B,s6.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2010©