Is there a reasonable expectation of privacy in the context of a search and frisk in a prison cell?

British Columbia, Canada


The following excerpt is from R. v. Field, 2014 BCSC 1203 (CanLII):

… the privacy expectations that a person has while in prison are substantially diminished. In Weatherall v. Canada (Attorney General), 1993 CanLII 112 (SCC), [1993] 2 S.C.R. 872 at 877, 83 C.C.C. (3d) 1, La Forest J. said: Imprisonment necessarily entails surveillance, searching and scrutiny. A prison cell is expected to be exposed and to require observation. The frisk search, the count and the wind are all practices necessary in a penitentiary for the security of the institution, the public and indeed the prisoners themselves. A substantially reduced level of privacy is present in this setting and a prisoner thus cannot hold a reasonable expectation of privacy with respect to these practices. ...

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