Cases & Decisions

R v KM et al [DNA samples]

Court: Ontario Court of Appeal, 2011

JFCY intervened at both the Ontario Court of Justice and the Ontario Court of Appeal in this case about whether it is constitutional to compel the taking of DNA samples from young people who have been found guilty of designated offences under ss. 487.051(1) and (2) of the Criminal Code. This section treats youth and adult offenders the same, despite the provisions of the Youth Criminal Justice Act. JFCY argued that these sections of the Criminal Code violate a young person’s right to be free from unreasonable search and seizure (s. 8 of the Charter of Rights and Freedoms), as well as a young person’s right to life, liberty and security of the person under s.7 of the Charter. The Court of Appeal found that there was no Charter violations and that the sections were constitutional.

KM factum OCA
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