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Fingerprints and Photographs |
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Identification
of Criminals
Act applies
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113. (1) The Identification of Criminals Act
applies in respect of young persons.
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Limitation
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(2) No fingerprint, palmprint or photograph
or other measurement, process or operation
referred to in the Identification of Criminals
Act shall be taken of, or applied in respect of,
a young person who is charged with having
committed an offence except in the
circumstances in which an adult may, under
that Act, be subjected to the measurements,
processes and operations.
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Records That May Be Kept |
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Youth justice
court, review
board and
other courts
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114. A youth justice court, review board or
any court dealing with matters arising out of
proceedings under this Act may keep a record
of any case that comes before it arising under
this Act.
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Police records
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115. (1) A record relating to any offence
alleged to have been committed by a young
person, including the original or a copy of any
fingerprints or photographs of the young
person, may be kept by any police force
responsible for or participating in the
investigation of the offence.
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Police records
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(2) When a young person is charged with
having committed an offence in respect of
which an adult may be subjected to any
measurement, process or operation referred to
in the Identification of Criminals Act, the
police force responsible for the investigation
of the offence may provide a record relating to
the offence to the Royal Canadian Mounted
Police. If the young person is found guilty of
the offence, the police force shall provide the
record.
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Records held
by R.C.M.P
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(3) The Royal Canadian Mounted Police
shall keep the records provided under
subsection (2) in the central repository that the
Commissioner of the Royal Canadian
Mounted Police may, from time to time,
designate for the purpose of keeping criminal
history files or records of offenders or keeping
records for the identification of offenders.
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Government
records
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116. (1) A department or an agency of any
government in Canada may keep records
containing information obtained by the
department or agency
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Other records
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(2) A person or organization may keep
records containing information obtained by
the person or organization
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Access to Records |
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Exception -
adult sentence
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117. Sections 118 to 129 do not apply to
records kept in respect of an offence for which
an adult sentence has been imposed once the
time allowed for the taking of an appeal has
expired or, if an appeal is taken, all
proceedings in respect of the appeal have been
completed and the appeal court has upheld an
adult sentence. The record shall be dealt with
as a record of an adult and, for the purposes of
the Criminal Records Act, the finding of guilt
in respect of the offence for which the record
is kept is deemed to be a conviction.
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No access
unless
authorized
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118. (1) Except as authorized or required by
this Act, no person shall be given access to a
record kept under sections 114 to 116, and no
information contained in it may be given to
any person, where to do so would identify the
young person to whom it relates as a young
person dealt with under this Act.
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Exception for
employees
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(2) No person who is employed in keeping
or maintaining records referred to in
subsection (1) is restricted from doing
anything prohibited under subsection (1) with
respect to any other person so employed.
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Persons
having access
to records
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119. (1) Subject to subsections (4) to (6),
from the date that a record is created until the
end of the applicable period set out in
subsection (2), the following persons, on
request, shall be given access to a record kept
under section 114, and may be given access to
a record kept under sections 115 and 116:
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Period of
access
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(2) The period of access referred to in
subsection (1) is
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Prohibition
orders not
included
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(3) Prohibition orders made under an Act of
Parliament or the legislature of a province,
including any order made under section 51,
shall not be taken into account in determining
any period referred to in subsection (2).
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Extrajudicial
measures
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(4) Access to a record kept under section
115 or 116 in respect of extrajudicial
measures, other than extrajudicial sanctions,
used in respect of a young person shall be
given only to the following persons for the
following purposes:
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Exception
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(5) When a youth justice court has withheld
all or part of a report from any person under
subsection 34(9) or (10) (nondisclosure of
medical or psychological report) or 40(7)
(nondisclosure of pre-sentence report), that
person shall not be given access under
subsection (1) to that report or part.
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Records of
assessments or
forensic DNA
analysis
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(6) Access to a report made under section 34
(medical and psychological reports) or a
record of the results of forensic DNA analysis
of a bodily substance taken from a young
person in execution of a warrant issued under
section 487.05 of the Criminal Code may be
given only under paragraphs (1)(a) to (c), (e)
to (h) and (q) and subparagraph (1)(s)(ii).
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Introduction
into evidence
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(7) Nothing in paragraph (1)(h) or (q)
authorizes the introduction into evidence of
any part of a record that would not otherwise
be admissible in evidence.
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Disclosures
for research or
statistical
purposes
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(8) When access to a record is given to a
person under paragraph (1)(p) or
subparagraph (1)(s)(i), the person may
subsequently disclose information contained
in the record, but shall not disclose the
information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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Application of
usual rules
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(9) If, during the period of access to a record
under any of paragraphs (2)(g) to (j), the
young person is convicted of an offence
committed when he or she is an adult,
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Records of
offences that
result in a
prohibition
order
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(10) Despite anything in this Act, when a
young person is found guilty of an offence that
results in a prohibition order being made, and
the order is still in force at the end of the
applicable period for which access to a record
kept in respect of the order may be given under
subsection (2),
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Access to
R.C.M.P.
records
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120. (1) The following persons may, during
the period set out in subsection (3), be given
access to a record kept under subsection
115(3) in respect of an offence set out in the
schedule:
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Access for
identification
purposes
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(2) During the period set out in subsection
(3), access to the portion of a record kept under
subsection 115(3) that contains the name, date
of birth and last known address of the young
person to whom the fingerprints belong, may
be given to a person for identification
purposes if a fingerprint identified as that of
the young person is found during the
investigation of an offence or during an
attempt to identify a deceased person or a
person suffering from amnesia.
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