The Crown brought ex parte applications under s. 487.055(1) of the Criminal Code for DNA databank orders against two repeat sexual offenders on parole.
The issuing judge granted the orders ex parte.
The appellants challenged the constitutionality of the provision and the ex parte procedure.
The Court of Appeal upheld the constitutionality of the provision but found that the issuing judge lost jurisdiction by proceeding ex parte without any evidence justifying the need to do so.
The appeals were allowed and the authorizations quashed.
