Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Records of persons dealt with

 Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the alternative measures.

  • 1995, c. 22, s. 6.
Marginal note:Police records
  •  (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.

  • Marginal note:Disclosure by peace officer

    (2) A peace officer may disclose to any person any information in a record kept pursuant to this section that it is necessary to disclose in the conduct of the investigation of an offence.

  • Marginal note:Idem

    (3) A peace officer may disclose to an insurance company any information in a record kept pursuant to this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.

  • 1995, c. 22, s. 6.
Marginal note:Government records
  •  (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency

    • (a) for the purposes of an investigation of an offence alleged to have been committed by a person;

    • (b) for use in proceedings against a person under this Act; or

    • (c) as a result of the use of alternative measures to deal with a person.

  • Marginal note:Private records

    (2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.

  • 1995, c. 22, s. 6.
Marginal note:Disclosure of records
  •  (1) Any record that is kept pursuant to section 717.2 or 717.3 may be made available to

    • (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;

    • (b) any peace officer

      • (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

      • (ii) for any purpose related to the administration of the case to which the record relates;

    • (c) any member of a department or agency of a government in Canada, or any agent thereof, that is

      • (i) engaged in the administration of alternative measures in respect of the person, or

      • (ii) preparing a report in respect of the person pursuant to this Act; or

    • (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is

      • (i) desirable in the public interest for research or statistical purposes, or

      • (ii) desirable in the interest of the proper administration of justice.

  • Marginal note:Subsequent disclosure

    (2) Where a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.

  • Marginal note:Information, copies

    (3) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.

  • Marginal note:Evidence

    (4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

  • Marginal note:Idem

    (5) A record kept pursuant to section 717.2 or 717.3 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period for which the person agreed to participate in the alternative measures.

  • 1995, c. 22, s. 6.