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

AMENDMENTS NOT IN FORCE

• — 2022, c. 17, s. 62

  • 1992, c. 47, s. 74(1); 1996, c. 7, s. 39

    • 62 (1) Subparagraph 2(1)(a)(i) of the Identification of Criminals Act is replaced by the following:

      • (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

    • 2019, c. 25, s. 388(1)

      (2) Paragraph 2(1)(a) of the Act is amended by striking out “or” at the end of subparagraph 2(1)(a)(ii) and by repealing subparagraph 2(1)(a)(iii).

    • 2019, c. 25, s. 388(2)

      (3) Paragraph 2(1)(c) of the Act is replaced by the following:

      • (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

        • (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

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

• — 2022, c. 17, s. 76

  • Clarification — immediate application

    76 For 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. 78.1

  • Impact of remote proceedings

    • 78.1 (1) The 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 proceedings

      • (a) enhance, preserve or adversely affect access to justice;

      • (b) maintain fundamental principles of the administration of justice; and

      • (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

    • Report

      (2) The 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. 78.2

  • Review by committee

    • 78.2 (1) At 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.

    • Report

      (2) The 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.