The Crown appealed the trial judge's refusal to grant a DNA databanking order under s. 487.052 of the Criminal Code.
The trial judge had refused the order solely because the offence was committed before the provisions came into force.
The respondent conceded this was an error but argued the matter should be remitted to the trial judge to allow the defence to present evidence.
The Court of Appeal found the evidentiary record was complete and the evidence supporting the order was overwhelming.
The appeal was allowed and the DNA databanking order was granted.
