The Crown brought an application for a warrant to take bodily samples (DNA) from the respondent pursuant to section 487.05 of the Criminal Code.
While the judge found that the statutory preconditions for issuance of the warrant had been met, the application was dismissed without prejudice.
The dismissal was based on the judge's determination that insufficient evidence regarding COVID-19 safety protocols and procedures had been presented to satisfy the requirement that issuance be in the best interests of the administration of justice.
The judge identified ten specific issues that should be addressed in future applications, including safety of sample collection, personal protective equipment availability, screening procedures, and potential collateral consequences for the detainee.
