''R v Rodgers'', 2006 SCC 15,

006 Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...

1 S.C.R. 554, is a case decided by the

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

on the constitutionality of the collection of blood samples from prisoners. The Court upheld the

Criminal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

provision allowing for retroactive

DNA Deoxyribonucleic acid (; DNA) is a polymer composed of two polynucleotide chains that coil around each other to form a double helix. The polymer carries genetic instructions for the development, functioning, growth and reproduction of al ...

samples of prisoners without notice.

Background

Dennis Rodgers was a convicted sex offender who was serving his sentence in an Ontario prison. Since Rodgers was sentenced before the enactment of the 1998 '' DNA Identification Act'', his blood sample was not taken upon sentencing to be placed in the national database. Under the section 487.055(1)(c) of the Criminal Code, the Crown applied for an ex parte application for the DNA sample. Rodgers challenged the application on the basis that the enabling Code provision violated the rights within

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...

Opinion of the Court

In a four to three decision the Court upheld the Code provisions. Justice Charron, writing for the majority found that the state's interest in his personal information was sufficient to outweigh Rodger's

right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...

. She noted that the DNA sample is akin to a finger print and will only be used for identification purposes. She also found that the provision is procedurally fair and was a clear articulation of the legislature's intent.

External links

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case summary
{{DEFAULTSORT:Rodgers Canadian Charter of Rights and Freedoms case law Supreme Court of Canada cases 2006 in Canadian case law Canadian evidence case law Canadian criminal procedure case law Canadian privacy case law