R. v. Bradford

R. v. Bradford

The court granted the ex parte retrospective DNA collection order because the certificate of conviction established Bradford's 1975 murder conviction, making him eligible under s.487.055(1)(c); his expectation of privacy in identifying information is reduced; statutory limits on use of DNA profiles and criminal penalties mitigate privacy concerns; and procedural fairness did not require notice in this case, with conditions to be appended to protect dignity and access to counsel.

Citation
2013 NSPC 16
Parties
Crown: Her Majesty the Queen; Accused: John William Bradford; Applicant (police): Constable Angela McKay
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 March 2013
Procedural Posture
Criminal / Decision on Ex Parte Application for Retrospective DNA Collection Order (s.487.055)
Outcome
Application granted
Legal Topics
Retrospective DNA Collection, DNA Data Bank, Section 487.055 Criminal Code, Privacy Expectation, Procedural Fairness, Search and Seizure
Source Language
English
Criminal Law Forensic DNA Law Privacy Evidence Retrospective DNA Collection DNA Data Bank Section 487.055 Criminal Code Privacy Expectation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

John William Bradford

Accused

Constable Angela McKay

Applicant (police)

Procedural Posture

Criminal / Decision on Ex Parte Application for Retrospective DNA Collection Order (s.487.055)

Legal Issues

  1. 1 Whether an ex parte retrospective DNA collection order may be granted without notice
  2. 2 Whether the applicant met the statutory criteria of s.487.055(1) and the factors in s.487.055(3.1)
  3. 3 Extent of privacy and security interests of a convicted offender in DNA information

Ratio Decidendi

The court granted the ex parte retrospective DNA collection order because the certificate of conviction established Bradford's 1975 murder conviction, making him eligible under s.487.055(1)(c); his expectation of privacy in identifying information is reduced; statutory limits on use of DNA profiles and criminal penalties mitigate privacy concerns; and procedural fairness did not require notice in this case, with conditions to be appended to protect dignity and access to counsel.

Court Disposition

Application granted

Orders

  • Authorization granted under s.487.055(1) to take samples of bodily substances from John William Bradford for the purpose of forensic DNA analysis
  • No notice to the offender required in this case; order may be issued ex parte