What act allows for a person to be legally fingerprinted?
ICA (Identification of Criminals Act)
What criteria must be met in order for a person to be lawfully photographed and fingerprinted?
Any person who is in lawful custody and charged or convicted of;
- an indictable offence
- offence under the Contraventions Act (i.e. Coronavirus contravention enforcement)
- apprehended under the Extradition Act (surrender persons sought for prosecution in another country)
- an offence for which the person was charged and released on a PTA, Recognizance, Appearance Notice or Summons
- in lawful custody pursuant to Sec 83.3 C.C.C
Where would you find the authority to fingerprint a young person?
YCJA (Youth Criminal Justice Act)
- allows the Identification Of Criminals Act to apply to a young person
- within same measures as an adult
Besides fingerprinting, what other processes are sanctioned by the Identification of Criminals Act?
- palm prints
- photographs
Does the Identification of Criminals Act allow taking of fingerprints for comparison purposes?
No
Where would you find legal authority to obtain foot impressions from an individual during an investigation?
Sec. 487.092 (1) C.C.C. (Information for Impression Warrant)
What are the four common law requirements stipulated in R. vs. Mohan (1994), i order for Expert Opinion Evidence to be heard and accepted in court?
1) Relevant to the case
2) Necessary to assist the trier of fact
3) Absence of exclusionary rule
4) By a properly qualified expert
What are the legal requirements stipulated under Sec. 657.3 C.C.C. In regards to expert opinion evidence testimony?
- may be given by way of a report with accompanying qualifications
- crown must provide “reasonable notice” if intending to produce report
- must produce report to defence
- crown must give at least 30 days notice if calling an expert to court for oral testimony
- if proper notice is not given, the court may adjourn the trial and recall witnesses later
