The appellant pleaded guilty to robbery and other offences and was sentenced to 30 months' imprisonment.
The Crown successfully applied for an order under s. 487.052 of the Criminal Code authorizing the taking of a bodily sample for the national DNA data bank.
The appellant appealed, arguing that the standard of 'the best interests of the administration of justice' in s. 487.052 is unconstitutionally vague and overbroad unless interpreted to require reasonable and probable grounds to believe the offender will commit a future offence.
The Court of Appeal dismissed the appeal, holding that the search warrant standard of reasonable and probable grounds is not required for DNA data bank orders, as the context, purposes, and privacy expectations differ significantly.
The court found the trial judge did not err in balancing the appellant's privacy interests against his criminal record and the circumstances of the offence.
