R. v. R.C.

R. v. R.C.

Applying the Jordan balancing test with specific regard to YCJA principles, the court found that because the applicant was an extremely young (13) first‑time offender, the offence arose from a domestic altercation with no identification issue, there was minimal risk of recidivism on the record and significant potential for psychological harm and adverse impacts on rehabilitation, the impact of ordering DNA samples would be grossly disproportionate to the public interest; accordingly the Crown's mandatory DNA order was refused.

Citation
2003 NSSF 55
Parties
Applicant (young Person): R.C.; Respondent (crown): Her Majesty the Queen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 June 2003
Procedural Posture
Criminal Application for DNA Sample Under Criminal Code/dna Identification Act / Application (oral Decision)
Outcome
Crown application for DNA order refused; exception under s.487.051(2) established on balance of probabilities
Legal Topics
DNA Sampling, Mandatory DNA Orders, Gross Disproportionality Exception, Youth Criminal Justice Act Considerations, Bodily Integrity, Storage and Destruction of DNA Samples
Source Language
English
Criminal Law Youth Law Forensic Dna/evidence Privacy Law DNA Sampling Mandatory DNA Orders Gross Disproportionality Exception Youth Criminal Justice Act Considerations +2 more

Case Brief

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Parties

R.C.

Applicant (young Person)

Her Majesty the Queen

Respondent (crown)

Procedural Posture

Criminal Application for DNA Sample Under Criminal Code/dna Identification Act / Application (oral Decision)

Legal Issues

  1. 1 Whether a mandatory DNA order under s.487.051(a) applies to a 13 year old convicted of a primary designated offence
  2. 2 Whether the young person satisfied the exception that the impact on privacy and security would be grossly disproportionate
  3. 3 How Youth Criminal Justice Act principles affect the gross disproportionality analysis

Ratio Decidendi

Applying the Jordan balancing test with specific regard to YCJA principles, the court found that because the applicant was an extremely young (13) first‑time offender, the offence arose from a domestic altercation with no identification issue, there was minimal risk of recidivism on the record and significant potential for psychological harm and adverse impacts on rehabilitation, the impact of ordering DNA samples would be grossly disproportionate to the public interest; accordingly the Crown's mandatory DNA order was refused.

Court Disposition

Crown application for DNA order refused; exception under s.487.051(2) established on balance of probabilities

Orders

  • Refusal of Crown's application under s.487.051(a) to authorize taking of DNA samples from R.C.; no DNA sample to be taken