Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law - Sentencing - Young person - Custody and supervision - Whether Court of Appeal erred in its interpretation and application of s. 39(1)© of the Youth Criminal Justice Act, S.C. 2002, c. 1, as to whether a custody and supervision order was mandated - Whether Court of Appeal erred in its application and interpretation of the law relating to the preparation of pre-sentence reports - Whether Court of Appeal erred in its application and interpretation of the law relating to an order authorizing the taking of a DNA sample.

The Appellant, a young person, pleaded guilty to counts of break, enter and theft of dwelling houses; thefts of motor vehicles and breaches of a responsible person undertaking. The sentencing judge referred to a pre-sentence report and letters updating the report. The Appellant was sentenced to consecutive and concurrent periods of custody and supervision totalling 200 days of secure custody and 100 days of supervision followed by multiple concurrent 12-month periods’ probation. He was ordered to provide a DNA sample without input from counsel. On appeal, the Court of Appeal allowed the appeal in part; the DNA order was set aside and the issue of a potential DNA order was remitted to the sentencing judge.