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Identification of Criminals Act (R.S.C., 1985, c. I-1)

Act current to 2020-10-21 and last amended on 2019-12-18. Previous Versions

Identification of Criminals Act

R.S.C., 1985, c. I-1

An Act respecting the identification of criminals

Short Title

Marginal note:Short title

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

  • R.S., c. I-1, s. 1

Her Majesty

Marginal note:Binding on Her Majesty

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

  • 1992, c. 47, s. 73

Identification of Criminals

Marginal note:Fingerprints and photographs

  •  (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:

    • (a) any person who is in lawful custody charged with or convicted of

      • (i) an indictable offence, 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,

      • (ii) an offence under the Security of Information Act, or

      • (iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);

    • (b) any person who has been apprehended under the Extradition Act;

    • (c) any person alleged to have committed an indictable offence, 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, who is required under subsection 500(3), 501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or

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

  • Marginal note:Use of force

    (2) 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).

  • Marginal note:Publication

    (3) 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.

  • 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. 166
  • 2019, c. 25, s. 388

Marginal note:No liability for acting under Act

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

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

  • (b) acting in the aid or under the direction of a person having such custody; or

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

  • R.S., 1985, c. I-1, s. 3
  • 1992, c. 47, s. 75

Destruction of Fingerprints and Photographs

Marginal note: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.

  • 1992, c. 47, s. 76
  • 1996, c. 7, s. 40

Marginal note: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.

  • 2018, c. 16, s. 167
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