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Bill C-36

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DIVISION 6.2

IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS

Meaning of ``designa-
ted offence''

196.26 In this Division, ``designated offence'' means an offence under any of the following provisions of this Act:

    (a) paragraphs 75(a) to (d) (offences related to security);

    (b) paragraphs 77(a) and (d) to (i) (offences related to operations);

    (c) section 78 (spying for the enemy);

    (d) section 79 (mutiny with violence);

    (e) section 80 (mutiny without violence);

    (f) paragraphs 81(a) and (b) (offences related to mutiny);

    (g) section 84 (striking or offering violence to a superior officer);

    (h) paragraphs 87(a) to (c) (resisting arrest or custody);

    (i) section 95 (abuse of subordinates);

    (j) section 100 (setting free without authority or allowing or assisting escape);

    (k) section 101 (escape from custody);

    (l) section 101.1 (failure to comply with conditions);

    (m) section 102 (hindering arrest or confinement or withholding assistance);

    (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles);

    (o) section 113 (causing fires);

    (p) section 114 (stealing);

    (q) section 115 (receiving);

    (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;

    (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;

    (t) section 118 (offences in relation to tribunals);

    (u) section 118.1 (failure to appear or attend);

    (v) section 119 (false evidence);

    (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm;

    (x) section 127 (negligent handling of dangerous substances);

    (y) section 128 (conspiracy); or

    (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.

Fingerprints and photographs

196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act.

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 in subsection (1).

Publication

(3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law.

No liability for acting under this Division

196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3).

Destruction of fingerprints, photographs, etc.

196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay

    (a) if the person is tried by summary trial in respect of that charge; or

    (b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.

    (b) if section 1 of the other Act comes into force before this Act is assented to, section 68 of this Act is replaced by the following:

68. The National Defence Act is amended by adding the following after section 196.25:

DIVISION 6.2

IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS

Meaning of ``designa-
ted offence''

196.26 In this Division, ``designated offence'' means an offence under any of the following provisions of this Act:

    (a) paragraphs 75(a) to (d) (offences related to security);

    (b) paragraphs 77(a) and (d) to (i) (offences related to operations);

    (c) section 78 (spying for the enemy);

    (d) section 79 (mutiny with violence);

    (e) section 80 (mutiny without violence);

    (f) paragraphs 81(a) and (b) (offences related to mutiny);

    (g) section 84 (striking or offering violence to a superior officer);

    (h) paragraphs 87(a) to (c) (resisting arrest or custody);

    (i) section 95 (abuse of subordinates);

    (j) section 100 (setting free without authority or allowing or assisting escape);

    (k) section 101 (escape from custody);

    (l) section 101.1 (failure to comply with conditions);

    (m) section 102 (hindering arrest or confinement or withholding assistance);

    (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles);

    (o) section 113 (causing fires);

    (p) section 114 (stealing);

    (q) section 115 (receiving);

    (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful;

    (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud;

    (t) section 118 (offences in relation to tribunals);

    (u) section 118.1 (failure to appear or attend);

    (v) section 119 (false evidence);

    (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm;

    (x) section 127 (negligent handling of dangerous substances);

    (y) section 128 (conspiracy); or

    (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act.

Fingerprints and photographs

196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act.

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 in subsection (1).

Publication

(3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law.

No liability for acting under this Division

196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3).

Destruction of fingerprints, photographs, etc.

196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay

    (a) if the person is tried by summary trial in respect of that charge; or

    (b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid.

COMING INTO FORCE

Coming into force

74. The provisions of this Act, other than sections 71 to 73, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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