section 667(5)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term fingerprint examiner for the purposes of the section.

SECTION WORDING

667(5) In this section, "fingerprint examiner" means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

EXPLANATION

Section 667(5) of the Criminal Code of Canada is an important provision that pertains to the use of fingerprint evidence in criminal proceedings. It defines the term "fingerprint examiner" and sets out the requirements for individuals who wish to be designated as such. According to the section, a fingerprint examiner is a person who has been designated by the Minister of Public Safety and Emergency Preparedness for the purposes of this section. This designation is an important one, as it gives individuals the authority to analyze and interpret fingerprint evidence in criminal cases. The use of fingerprint evidence is crucial in the criminal justice system, as it can often provide irrefutable proof of a suspect's involvement in a crime. Fingerprint examiners use a variety of techniques to analyze fingerprints, including comparing and matching prints found at crime scenes to those of known suspects or individuals. To be designated as a fingerprint examiner, an individual must be qualified and trained in the relevant techniques and methodologies. This typically involves obtaining specialized education and training, as well as passing certification exams and undergoing continuing education to stay up to date with the latest advancements in the field. Overall, Section 667(5) underscores the importance of maintaining high standards and qualifications for those involved in forensic analysis and investigation, particularly when it comes to the use of fingerprint evidence in criminal proceedings. By ensuring that only qualified experts are designated as fingerprint examiners, the section helps to maintain the integrity and reliability of this crucial type of evidence in criminal investigations.

COMMENTARY

Section 667(5) of the Criminal Code of Canada provides a definition for the term fingerprint examiner" for the purposes of this section. In the criminal justice system, the identification of individuals is crucial to the investigation and prosecution of crimes, and one of the most common methods of identification is through the use of fingerprints. Fingerprints are unique to each individual, and as such, they are highly reliable in criminal investigations. In Canada, the use of fingerprints as a means of identification dates back to the early 1900s, and the Royal Canadian Mounted Police (RCMP) has been the primary fingerprint identification agency since its inception in 1920. The use of fingerprints in criminal investigations has evolved over the years, with advancements in technology allowing for more accurate and efficient identification. Section 667(5) recognizes the importance of fingerprint examiners in this process, designating them as persons authorized to conduct fingerprint identification for the purposes of this section of the Criminal Code. Fingerprint examiners are trained and certified professionals who have the knowledge and experience necessary to accurately analyze and compare fingerprints. They use specialized equipment and techniques to compare fingerprints found at a crime scene to those of known individuals, such as suspects or victims, and can provide expert testimony in court regarding their findings. The designation of fingerprint examiners under Section 667(5) ensures that only qualified individuals are authorized to conduct fingerprint identification for the purposes of criminal investigations. This helps to maintain the reliability and integrity of the process, and ensures that the evidence presented in court is reliable and admissible. It is important to note that fingerprint identification is not foolproof, and mistakes can be made. However, the use of qualified and trained fingerprint examiners can help to minimize the risk of errors, and ensure that justice is served fairly and accurately. In conclusion, Section 667(5) of the Criminal Code of Canada provides an important definition for the term fingerprint examiner" for the purposes of criminal investigations. Fingerprint examiners play a crucial role in the identification of individuals in the criminal justice system, and their designation under this section helps to ensure that only qualified and reliable individuals are authorized to conduct fingerprint identification.

STRATEGY

Introduction Section 667(5) of the Criminal Code of Canada defines the term "fingerprint examiner" for the purposes of using fingerprints as evidence in court. In this section, we will examine some strategic considerations related to this section of the Criminal Code of Canada and propose some strategies that could be employed to deal with it. Strategic Considerations 1. Ensuring the Reliability of Fingerprint Evidence Fingerprint evidence is considered one of the most reliable forms of evidence in court. As such, it is important to ensure that proper procedures are followed during the collection and analysis of fingerprint evidence. This includes ensuring that the designated fingerprint examiner is properly trained and qualified to perform their duties and that the equipment used to collect and analyze fingerprints is in good working condition. 2. Protecting the Rights of the Accused It is important to ensure that the use of fingerprint evidence does not violate the rights of the accused. This includes ensuring that the accused is properly informed of their right to have a lawyer present during any questioning or testing related to fingerprint evidence. It also includes ensuring that the fingerprint evidence is collected in a manner that does not violate the accused's reasonable expectation of privacy. 3. Proper Documentation and Record-Keeping Proper documentation and record-keeping are important when dealing with fingerprint evidence. This includes recording the identity of the person who collected the evidence, the date and time it was collected, the location it was collected from, and any other relevant information. This information is important for establishing the reliability and credibility of the evidence in court. Strategies 1. Train Designated Fingerprint Examiners One strategy that could be employed is to train designated fingerprint examiners to ensure that they are qualified to perform their duties. This could include providing training on the proper procedures for collecting and analyzing fingerprints, as well as ensuring that they are familiar with any updates or changes in the technology or techniques used in fingerprint analysis. 2. Provide Accused with Information about Fingerprint Evidence Another strategy that could be employed is to provide the accused with information about fingerprint evidence and their rights related to it. This could include providing them with information about the collection and analysis process, as well as informing them of their right to have a lawyer present during any questioning or testing related to fingerprint evidence. 3. Implement Proper Documentation and Record-Keeping Procedures A third strategy that could be employed is to implement proper documentation and record-keeping procedures. This could include establishing standard forms for recording information about the collection and analysis of fingerprint evidence, as well as ensuring that all relevant information is recorded accurately and completely. Conclusion In conclusion, section 667(5) of the Criminal Code of Canada defines the term "fingerprint examiner" for the purposes of using fingerprints as evidence in court. To ensure the reliability of fingerprint evidence, protect the rights of the accused, and maintain proper documentation and record-keeping, various strategic considerations and strategies can be employed. By doing so, the use of fingerprint evidence can be maximized as a reliable tool in criminal investigations and court proceedings.