Clause 110 amends section 16(3) of the Immigration and Refugee Protection Act to make the English-language version more consistent with the French. The current English-language section establishes that an officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence—photographic, fingerprint or otherwise—that may be used to establish their identity or compliance with this act.
The English-language version states:
(3) An officer may require or obtain from a permanent resident or a foreign national who is arrested, detained or subject to a removal order, any evidence — photographic, fingerprint or otherwise—that may be used to establish their identity or compliance with this Act.
The French-language version contains another possibility, namely, that such evidence may also be obtained from a permanent resident or foreign national who is “subject to an examination” (“fait l’objet… d’un contrôle”).
What evidence is there that the legislative intent was to permit an officer to obtain such evidence from a permanent resident or a foreign national who was subject to an examination?
What would the effect of changing the French-language version to match the English be for the administration of the act?
Has this created any problems? How long has this been in the act?