May 302011
 

Kenneth Jackson writes:

There’s a good chance that an Ontario Court of Appeal ruling deeming automatic DNA collection for certain youth criminals to be constitutional will go all the way to the Supreme Court of Canada.

The appeal court released its decision in April in the cases of three convicted youths, K.M., J.B., and D.R. It followed arguments last November in a constitutional challenge of the mandatory collection of DNA from youth convicted of certain crimes such as robbery and assault causing bodily harm.

The court ruled the practice is constitutional and thereby overthrew a decision by Justice Marion Cohen of the Ontario Court of Justice in 2009 in which she, after lengthy court proceedings, eventually ruled it infringes the privacy and security rights of youth.

Read more on Law Times.

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