Crown appeal from trial judge’s refusal to grant a DNA order after accused convicted of unlawful confinement (s. 279(2) CC). Trial judge found that confinement was not a primary designated offence given that s. 487.04 CC reads: “section 279 (kidnapping).

Held: Appeal allowed.

Section 3 CC provides that “words in parenthesis … form no part of the provision … and deemed to have been inserted for convenience of reference only.” Further, at least three appeal courts have found unlawful confinement to be a primary designated offence: R(JJ) (2003), CanLII 32169 (OCA); Cain, 2011 QCCA 1534; Morris, 2004 BCCA 305.

In person