Identification of Criminals Act

Marginal note:Fingerprints and photographs

• 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:

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

    • (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

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

    • (iii) [Repealed, 2022, c. 17, s. 62]

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

  • (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

  • (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.