Technology has made a major impact on the world we live in today keeping it both current and informative. It serves a great purpose providing various benefits. However, the use of technology can also raise some controversy. The advancement of DNA technology is imperative and it has significantly changed the legal system in the way cases are questioned, investigated and solved. On the other hand, DNA sampling raises issues involving privacy and the violation of human rights due to its personal, unique makeup and the fact that it is stored in a database. The consideration for all members of society is still a struggling issue as the rights and freedoms of criminals are still at risk within the boundaries of the law. It is questioned whether DNA
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487.055 violating ss. 7, 8, 11(h) and 11(i) were dismissed by the Ontario Supreme Court of Justice. Their decision went 4-3 as the majority held that the collection of DNA was in fact legal and did not interfere with the constitution. He appealed this judgement requiring it to go through the Court of Appeal. The Court of Appeal heard the case and decided that s.487.055 is valid under the circumstances in this case and under the constitution. However, they looked into the judge’s decision to use ex parte and they felt this was wrong in that it instead required an inter parte hearing and the judge did in fact commit jurisdictional error. The application of the law under the previous authorizing judge became inequitable and the application was reentered for reconsideration. The Crown stepped in as they appealed the readmission and reconsideration of the application and Rodgers cross-appealed against this action in which they dismissed his constitutional challenge once …show more content…
Access to a DNA sample can reveal more detailed information about a person’s health. DNA evidence is not foolproof and mistakes can be made in laboratories or in court. However, there are currently no international safeguards that would protect people’s privacy and rights, and prevent miscarriages of justice (Forensic Genetics Policy Initiative, 2014). This will continue to raise social issues about the rights and freedoms of criminals resulting in a change to consider the ethical approach of DNA sampling. The laws will have to be more concise and the DNA Act will have to be more aware of the rights and freedoms that all citizens are constitutionally entitled to.
The decision of this case was made both appropriately and effectively. It considered perspectives from both the crown and the defense, allowing the judge to make a fair and concise ruling. I agree with the ruling of this case because a proper balance was reached in a case where competing interests were
487.055 violating ss. 7, 8, 11(h) and 11(i) were dismissed by the Ontario Supreme Court of Justice. Their decision went 4-3 as the majority held that the collection of DNA was in fact legal and did not interfere with the constitution. He appealed this judgement requiring it to go through the Court of Appeal. The Court of Appeal heard the case and decided that s.487.055 is valid under the circumstances in this case and under the constitution. However, they looked into the judge’s decision to use ex parte and they felt this was wrong in that it instead required an inter parte hearing and the judge did in fact commit jurisdictional error. The application of the law under the previous authorizing judge became inequitable and the application was reentered for reconsideration. The Crown stepped in as they appealed the readmission and reconsideration of the application and Rodgers cross-appealed against this action in which they dismissed his constitutional challenge once …show more content…
Access to a DNA sample can reveal more detailed information about a person’s health. DNA evidence is not foolproof and mistakes can be made in laboratories or in court. However, there are currently no international safeguards that would protect people’s privacy and rights, and prevent miscarriages of justice (Forensic Genetics Policy Initiative, 2014). This will continue to raise social issues about the rights and freedoms of criminals resulting in a change to consider the ethical approach of DNA sampling. The laws will have to be more concise and the DNA Act will have to be more aware of the rights and freedoms that all citizens are constitutionally entitled to.
The decision of this case was made both appropriately and effectively. It considered perspectives from both the crown and the defense, allowing the judge to make a fair and concise ruling. I agree with the ruling of this case because a proper balance was reached in a case where competing interests were