INTRODUCTION AND BRIEF DESCRIPTION
Police may keep a record, including fingerprints and photographs, of a person alleged to have committed an offence.
SECTION WORDING
717.2(1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.
EXPLANATION
Section 717.2(1) of the Criminal Code of Canada is a provision that allows police forces, responsible for investigating any alleged offence, to keep a record of the crime and the person involved. This record may contain copies of fingerprints, photographs, or any other information related to the offence committed. The rationale behind this section is to enable law enforcement agencies to effectively investigate and prevent crime. The purpose of the provision is to grant police forces the authority to retain a comprehensive record of an offender's criminal history so that they can better identify suspects and solve crimes. Additionally, this provision enables police forces to collect and store essential information, which can help in preventing future criminal activity. However, it is important to note that the retention of a record regarding a person's criminal history must comply with the principles of fairness, privacy, and fundamental justice. These principles mean that any information collected must be used lawfully, and citizens have the right to access and correct any errors or incomplete information contained in their records. Overall, section 717.2(1) of the Criminal Code of Canada reflects the importance of properly documenting and investigating criminal offences. By recording and retaining essential information related to crimes and offenders, law enforcement agencies can better protect the safety and security of individuals and communities.
COMMENTARY
Section 717.2(1) of the Criminal Code of Canada is an important provision for the Canadian justice system. It allows police forces to keep a record of any offence alleged to have been committed by a person, along with any related fingerprints or photographs. This provision aims to assist police in the investigation of a crime, and ultimately, to bring the perpetrator to justice. The record created under this section can be used by the investigating police force, as well as other police forces that may become involved in the investigation. This allows for the sharing of information and resources between different law enforcement agencies, which can help in solving cases more efficiently and effectively. At the same time, this provision ensures that the privacy rights of individuals are protected. The record can only be created for offences that are alleged to have been committed, meaning that the individual has not yet been convicted or found guilty of a crime. Additionally, the record can only be kept by police forces responsible for, or participating in, the investigation of the offence. This limits the number of people who can access this information and ensures that the record is only used for legitimate law enforcement purposes. Furthermore, the Criminal Code includes several provisions that protect an individual's right to access information held by police. For example, if an individual is arrested or detained by police, they have the right to be informed of the reasons for their arrest or detention, and to retain counsel. They also have the right to request and receive a copy of any record created under section 717.2(1), as well as any other information held by police that relates to the offence for which they were arrested or detained. While section 717.2(1) is an important provision in the Canadian justice system, it is not without controversy. Some individuals and organizations argue that it can be used to unfairly target certain groups, such as racialized or marginalized communities. They also worry that records created under this section can be used to stigmatize and discriminate against individuals, even if they have not been convicted of a crime. To address these concerns, it is important for police forces to use the information gathered under this section responsibly and ethically. They must ensure that the record is only used for legitimate law enforcement purposes and that the privacy rights of individuals are respected. Additionally, it is important for the justice system to provide adequate safeguards and oversight to prevent the misuse of this information. Overall, section 717.2(1) of the Criminal Code of Canada is a necessary provision for the investigation and prosecution of crimes in Canada. It balances the need for law enforcement agencies to gather and share information with the need to protect the privacy and rights of individuals. As long as it is used responsibly and ethically, this provision can help to ensure that justice is served in Canada.
STRATEGY
When dealing with Section 717.2(1) of the Criminal Code of Canada, strategic considerations should be taken into account in order to ensure that any record relating to an alleged offence is managed in a manner that is consistent with the law and ethical standards. This includes protecting the privacy and rights of the accused, while still allowing for effective investigations and prosecutions. Some strategic considerations that can be employed include: 1. Compliance with the Law: The first and most important strategic consideration when dealing with this section of the Criminal Code of Canada is to ensure compliance with the law. This requires a thorough understanding of the requirements of the law, as well as any related regulations and policies. Failure to follow the law can result in legal and ethical consequences, such as violation of privacy rights, civil lawsuits or criminal charges. 2. Protecting Privacy: When keeping records relating to an offence, police forces must protect the privacy of the accused, in accordance with privacy legislation such as PIPEDA, and other ethical considerations. This includes ensuring that the records are not disclosed without proper authorized consent or legal authority, and that they are kept securely. 3. Proper Documentation: Police forces should also ensure that all documentation relating to the alleged offence is properly completed and filed. This includes keeping accurate records of the date and time of the offence, the accused's identification details, and other relevant information. Proper documentation can be helpful in investigations and prosecutions. 4. Collaboration: Collaboration with other police forces is also a strategic consideration when dealing with this section of the Criminal Code of Canada. This allows for more effective and efficient criminal investigations, and ensures that records are kept properly. However, it is important to ensure that any sharing of information is done in accordance with applicable legal and ethical guidelines. 5. Training and Education: Police forces should ensure that officers receive proper training and education on the requirements of the law and ethical standards. This can help prevent inappropriate behaviour regarding the management of records relating to alleged offences, and can contribute to more effective investigations and prosecutions. In conclusion, strict adherence to the requirements of the Criminal Code of Canada is crucial when dealing with records relating to alleged offences. Strategic considerations such as compliance with the law, protecting privacy, proper documentation, collaboration, and training and education can help ensure that these records are managed in a manner that is consistent with legal and ethical guidelines.