The appellant, a 16-year-old juvenile, was charged with a delinquency relating to an indictable offence under the Criminal Code.
He refused to consent to fingerprinting, and a police officer used reasonable force to obtain his fingerprints.
The appellant brought a civil action for assault, raising the preliminary question of whether the Identification of Criminals Act authorized the use of force in these circumstances.
The Supreme Court of Canada held that a delinquency relating to an indictable offence is an indictable offence within the meaning of the Identification of Criminals Act, and therefore the use of reasonable force to fingerprint the juvenile was lawful.
