The Crown appealed a youth justice court decision declaring sections 487.051(1) and (2) of the Criminal Code unconstitutional as they apply to young offenders.
The sentencing judge had refused to make mandatory and presumptive DNA collection orders for three young offenders who pled guilty to designated offences, finding the provisions violated sections 7 and 8 of the Charter.
The Court of Appeal allowed the appeals for two of the youths (quashing the third for jurisdictional reasons), holding that the provisions are reasonable and constitutional.
The Court found that the legislative safeguards protecting the privacy of young offenders, including the mandatory destruction of DNA records under the Youth Criminal Justice Act, appropriately balance the state's interest in law enforcement with the youths' privacy interests.
