R. v. Bezanson (J.D.), 2015 ABCA 50

JudgeBerger, Rowbotham and Brown, JJ.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 20, 2015
Citations2015 ABCA 50;(2015), 599 A.R. 46

R. v. Bezanson (J.D.) (2015), 599 A.R. 46; 643 W.A.C. 46 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. FE.013

Her Majesty the Queen (appellant) v. James David Bezanson (respondent)

(1403-0195-A; 2015 ABCA 50)

Indexed As: R. v. Bezanson (J.D.)

Alberta Court of Appeal

Berger, Rowbotham and Brown, JJ.A.

February 4, 2015.

Summary:

The accused was convicted of unlawful confinement (Criminal Code, s. 279(2)). The Crown appealed the sentencing judge's failure to impose an order under s. 487.051 of the Code requiring the accused to submit to a DNA sample.

The Alberta Court of Appeal allowed the appeal.

Criminal Law - Topic 3071

Special powers - Forensic DNA analysis - General (incl. interpretation of legislation) - The accused was convicted of unlawful confinement (Criminal Code, s. 279(2)) - The Crown appealed the sentencing judge's failure to impose an order under s. 487.051 of the Code requiring the accused to submit to a DNA sample - A lengthy taxonomy of definitions appeared in s 487.04 of the Code including "(xiv) section 279 (kidnapping)" - The sentencing judge agreed with the defence that a DNA order was not required because unlawful confinement was not a primary designated offence within the meaning of s. 487.04, because the word in parentheses, namely "(kidnapping)", excluded the unlawful confinement offence from the definition - The Alberta Court of Appeal held that this was an error - The court allowed the appeal.

Cases Noticed:

R. v. J.J.R. et al. (2003), 180 O.A.C. 153; 181 C.C.C.(3d) 7 (C.A.), refd to. [para. 5].

R. v. Cain, 2011 QCCA 1534, refd to. [para. 5].

R. v. Morris (D.J.) (2004), 198 B.C.A.C. 235; 324 W.A.C. 235; 186 C.C.C.(3d) 549; 2004 BCCA 305, refd to. [para. 5].

R. v. Crane (D.L.), [2008] A.R. Uned. 112; 2008 ABPC 13, affd. (2010), 477 A.R. 172; 483 W.A.C. 172; 2010 ABCA 130, refd to. [para. 5].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 3 [para. 3].

Interpretation Act, R.S.C. 1985, c. I-21, sect. 41(2), sect. 41(3) [para. 4].

Counsel:

T.L. Couillard, for the appellant;

James David Bezanson, the respondent, in person.

This appeal was heard on January 20, 2015, by Berger, Rowbotham and Brown, JJ.A., of the Alberta Court of Appeal, who delivered the following memorandum of judgment at Edmonton, Alberta, on February 4, 2015.

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