An Act respecting the identification of criminalsIdentification of Criminals ActIdentification of Criminals20231
26
I-1Short TitleShort titleThis Act may be cited as the Identification of Criminals Act.R.S., c. I-1, s. 1Her MajestyBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.1992, c. 47, s. 73Identification of CriminalsFingerprints and photographsThe 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:any person who is in lawful custody charged with or convicted ofan 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of that Act, has made an election under section 50 of that Act, oran offence under the Security of Information Act;[Repealed, 2022, c. 17, s. 62]any person who has been apprehended under the Extradition Act;any person who is required under subsection 485.2(1), 500(3), 501(4) or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 isan 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, oran offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; orany person who is in lawful custody pursuant to section 83.3 of the Criminal Code.Use of forceSuch force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described under subsection (1).PublicationThe 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.R.S., 1985, c. I-1, s. 2; 1992, c. 47, s. 74; 1996, c. 7, s. 39; 1999, c. 18, s. 88; 2001, c. 41, ss. 23.1, 35; 2018, c. 16, s. 1662019, c. 25, s. 3882022, c. 17, s. 62No liability for acting under ActNo liability, civil or criminal, for anything lawfully done under this Act shall be incurred by any personhaving custody of a person described in subsection 2(1);acting in the aid or under the direction of a person having such custody; orconcerned in the publication of results under subsection 2(3).R.S., 1985, c. I-1, s. 3; 1992, c. 47, s. 75Destruction of Fingerprints and PhotographsDestruction of fingerprints and photographsWhere 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.1992, c. 47, s. 76; 1996, c. 7, s. 40Destruction of fingerprints and photographs – Cannabis ActIf 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.2018, c. 16, s. 167RELATED PROVISIONS
— 2022, c. 17, s. 76Clarification — immediate applicationFor greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
— 2022, c. 17, s. 78.1Impact of remote proceedingsThe Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.ReportThe Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
— 2022, c. 17, s. 78.2Review by committeeAt the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.ReportThe committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.2022, c. 172023-01-142019, c. 252019-12-182019, c. 252019-09-19