Ricardo G. Federico

The Crown appealed an order quashing authorizations to take DNA samples from two respondents convicted of multiple murders.

The central issue was the interpretation of section 487.055(1)(b) of the Criminal Code, which permits DNA sampling for offenders convicted of 'more than one murder committed at different times'.

The Court of Appeal rejected the application judge's 'transaction' analysis but affirmed the result, holding that 'different times' requires the murders to be distinguishable in nature or quality.

Because the murders committed by both respondents occurred in close proximity and were not distinguishable in nature or quality, the Crown's appeal was dismissed.

The Crown appealed a youth court judge's refusal to make a DNA data bank order following the young persons' guilty pleas to forcible confinement.

The youth court judge had ruled that forcible confinement was not a primary designated offence under the Criminal Code.

The Court of Appeal held that it had jurisdiction to hear the appeal and that forcible confinement is a primary designated offence.

The appeal was allowed and the matter remitted to a different youth court judge to determine whether the orders should be made.