Identification of Criminals Act

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

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

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:

any person who is in lawful custody charged with or convicted of

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

an offence under the Foreign Interference and 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[Repealed, 2022, c. 17, s. 62]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 is

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

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

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

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).

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.

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

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

acting in the aid or under the direction of a person having such custody; or

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

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.

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.

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.

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

enhance, preserve or adversely affect access to justice;

maintain fundamental principles of the administration of justice; and

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

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.

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.

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.