Hyperlawhypertext legal database Identification of Criminals Act current to 2024-09-16

I-1 Identification of Criminals Act

Current to 2024-09-16 · last amended 2024-08-19

Cited by

4 citations refer to historical text unavailable

Contents

Short Title

s. 1 — Short title

This Act may be cited as the Identification of Criminals Act.

Her Majesty

s. 1.1 — Binding on Her Majesty

This Act is binding on Her Majesty in right of Canada or a province.

Identification of Criminals

s. 2 — Fingerprints and photographs
s. 2(1)

The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:

s. 2(1)(a)

any person who is in lawful custody charged with or convicted of

s. 2(1)(a)(i)

an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

s. 2(1)(a)(ii)

an offence under the Foreign Interference and Security of Information Act;

s. 2(1)(a)(iii)

[Repealed]

s. 2(1)(b)

any person who has been apprehended under the Extradition Act;

s. 2(1)(c)

any person who is required under subsection 485.2(1), 500(3), 501(4) or 509(5) or section 515.01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is

s. 2(1)(c)(i)

an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

s. 2(1)(c)(ii)

an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; or

s. 2(1)(d)

any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.

s. 2(2) — Use of force

Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described under subsection (1).

s. 2(3) — Publication

The results of the measurements, processes and operations to which a person has been subjected pursuant to subsection (1) may be published for the purpose of affording information to officers and others engaged in the execution or administration of the law.

s. 3 — No liability for acting under Act

No liability, civil or criminal, for anything lawfully done under this Act shall be incurred by any person

s. 3(a)

having custody of a person described in subsection 2(1);

s. 3(b)

acting in the aid or under the direction of a person having such custody; or

s. 3(c)

concerned in the publication of results under subsection 2(3).

Destruction of Fingerprints and Photographs

s. 4 — Destruction of fingerprints and photographs

Where a person charged with an offence that is designated as a contravention under the Contraventions Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 50 of that Act, the fingerprints or photographs shall be destroyed.

s. 5 — Destruction of fingerprints and photographs – Cannabis Act

If a person charged with an offence referred to in any of paragraphs 51(2)(a) to (j) of the Cannabis Act is fingerprinted or photographed and the Attorney General, within the meaning of that Act, makes an election under section 58 of that Act, the fingerprints or photographs shall be destroyed.