R. v. Rodgers

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R. v. Rodgers

Hearing: November 15, 2005
Judgment: April 27, 2006


Full case name:	Her Majesty The Queen v. Dennis Rodgers
Citations:	2006 SCC 15, [2006] 1 S.C.R. 554
Ruling:	Crown appeal allowed

Court membership

Chief Justice: Beverley McLachlin
Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron

Reasons given

Majority by: Charron J.
Joined by: McLachlin C.J. and Bastarache and Abella JJ.
Dissent by: Fish J.
Joined by: Binnie and Deschamps JJ.

R. v. Rodgers, 2006 SCC 15, [2006] 1 S.C.R. 554, is a leading case decided by the Supreme Court of Canada on the constitutionality of the collection of blood samples from prisoners. The Court upheld a Criminal Code provision allowing for retroactive DNA samples of prisoners without notice.

[edit] 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 his Charter rights.

[edit] 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 is sufficient to outweigh Rodger's right to privacy. She notes that the DNA sample is akin to a finger print and will only be used for identification purposes. She also finds that the provision is procedurally fair and was a clear articulation of the legislature's intent.