Ottawa police must reconsider denial of woman's bid to destroy fingerprints, court rules

The Divisional Court has overturned the Ottawa Police Service's decision to deny Heather Reichert's request to destroy her fingerprints and photographs, finding the denial unreasonable.

The court did not order the records destroyed. It sent the matter back to police to reconsider, in line with the court's reasons, which require an individual assessment of each request rather than blanket policies.

Reichert was arrested in January 2024 and charged with five counts of assault, four counts of assault with a weapon and three counts of mischief to property, based on allegations from a former spouse. Those charges were withdrawn in August 2024 after she entered a peace bond. Its conditions were no communication with the former spouse, staying 150 metres away from him where his location was known, and no weapons, for 12 months. The bond expired "without incident."

She asked police to destroy her biometric information after the peace bond ended. Police refused in September 2025, and a reconsideration committee rejected the request a month later, citing the nature of the alleged offence, public safety and the public interest.

The court said non-convicted people keep privacy rights in their fingerprints and photographs, and that retaining them is justified only in "exceptional circumstances" tied to their future usefulness to police. "Retention cannot be justified by abstract references to the seriousness of the alleged allegations," the court wrote. It also found police had not explained how the committee's listed factors supported the denial.

Ottawa police said they "respect the court's decision" and will consider what it means for existing policies as part of an ongoing review. They would not comment on specific changes.

The court did not give a date for its ruling or a deadline for the police reconsideration.