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428 results for Case Law › Nunavut

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  • R. v. Nungusuituq, 2019 NUCJ 6

    [1]       Iqadluk Nungusuituq pleaded guilty to one count of intentionally discharging a firearm while being reckless as to the life or safety of other persons contrary to s. 244.2(1)(b) Criminal Code, RSC 1985, c C-46 [Criminal Code].  The Indictment names three complainants, however, it is important to note that the incident on February 18, 2017, lasted approximately 20 minutes and affected a...

  • R. v. Irngaut, 2019 NUCJ 4

    [1]       This case deals with the interim prohibition ban on harvesting caribou on Baffin Island, which came into effect on 01 January 2015. In August of 2015 this moratorium was replaced by a ‘modest harvest’ quota system.

  • R. v. Kowtak, 2019 NUCJ 3

    [1]       Verna Kowtak appeals the sentence rendered by a Rankin Inlet community Justice of the Peace on September 11, 2017. Ms. Kowtak pleaded guilty to an assault upon her 15-year-old daughter, Nadia, contrary to s. 266 of the Criminal Code, RSC 1985, c C-46 [Criminal Code] and received a suspended sentence, nine months’ probation, and a $100.00 victim fine surcharge.   

  • R v Oqutaq, 2019 NUCA 1
  • R. v. Maclean, 2019 NUCJ 2

    [1]       The offender, Dustin Maclean, was charged with damaging a snow machine with a baseball bat in Rankin Inlet.[1]  The incident happened on March 2, 2018.  Mr. Maclean pleaded not guilty on May 8, 2018, and the Court scheduled his trial first in September and then on November 8, 2018.  On November 8th, he changed his plea from not guilty to guilty.  The Court then heard from the lawyers...

  • R. v. Omik, 2019 NUCJ 1(1)

    [1]       Mr. Brian Omik is charged with two counts of pointing a firearm contrary to Criminal Code, RSC 1985, c C-46 [Criminal Code], s. 87, two counts of threatening to use a firearm in the commission of an assault against a police officer contrary to s. 270.01(1), one count of careless storage of a firearm contrary to s. 86(1), and one count of assault contrary to s. 266 that was stayed before

  • R. v. Omik, 2019 NUCJ 1

    [1]       Mr. Brian Omik is charged with two counts of pointing a firearm contrary to Criminal Code, RSC 1985, c C-46 [Criminal Code], s. 87, two counts of threatening to use a firearm in the commission of an assault against a police officer contrary to s. 270.01(1), one count of careless storage of a firearm contrary to s. 86(1), and one count of assault contrary to s. 266 that was stayed before

  • R. v. Tugak, 2018 NUCJ 37

    [1]       Mr. Tommy Tugak has a number of pending criminal charges before the Court.  He is currently in custody and unrepresented, having dismissed his lawyer and advising the Court that he wishes to represent himself and does not want to retain different counsel.

  • R. v. Koonoo, 2018 NUCJ 38

    [1]       Ms. Lila Koonoo has pleaded guilty to impaired driving causing death contrary to Criminal Code, RSC 1985, c C-46, s. 255(3) [Criminal Code].  She is in court today to be sentenced.

  • R. v. Oqallak, 2018 NUCJ 35

    [1]       Mr. Sheldon Oqallak is before the court to be sentenced on a charge of discharging a firearm while reckless as to the life or safety of another person contrary to s. 244.2(1)(b) of the Criminal Code, RSC 1985, c C-46 [Criminal Code], arising from an incident on June 14, 2017. 

  • R. v. Dejaeger, 2018 NUCA 6

    [1]      The appellant, Mr Dejaeger, appealed his conviction on 24 counts arising from the sexual abuse of Inuit children and adolescents and one adult woman, all of which occurred while he was a priest at the Roman Catholic mission in Igloolik between 1976 and 1982. The offences include three counts of unlawful sexual intercourse, 10 counts of indecent assault on a...

  • R. v. Dejaeger, 2018 NUCA 7

    [1]       Mr. Dejaeger has appealed from the imposition of a 19 year global sentence, less 8 years for pre-trial credit, in relation to 32 convictions arising from sexual abuse he perpetrated on Inuit children, adolescents and one adult woman, while he was a priest at the Roman Catholic mission in the small community of Igloolik, Nunavut between 1976 and 1982, as...

  • A.B. v. C.D., 2018 NUCJ 33

    [1]       On August 20, 2018, a woman named “A.B.” applied for a peace bond against a man named “C.D.” A.B. filled out a form at the Nunavut Justice Centre, and a court clerk issued a summons for C.D. to appear on September 10, 2018.

  • R. v. Irkootee, 2018 NUCJ 32

    [1]       The accused, Mr. Sigurdson Irkootee, entered a guilty plea to one count of trafficking in a firearm between June 1 and June 29, 2016, contrary to s. 99 of the Criminal Code, RSC 1985, c C-46 [Criminal Code].

  • R. v. Nuqingaq, 2018 NUCJ 30

    [1]       The accused applied for an adjournment of a preliminary inquiry scheduled to take place on Wednesday, October 3, 2018, in Iqaluit. The request is opposed by the Crown. I heard argument on Monday, October 1, 2018, and reserved until today, October 2, 2018, to consider the arguments and read the case law relied on by both Counsel.

  • Fontaine v. Canada (Attorney General), 2018 NUCJ 29

    [1]       The Indian Residential School Settlement Agreement [1] (“IRSSA”) attempts to provide a fair, comprehensive and lasting resolution of claims arising out of the existence and operation of Indian Residential Schools. In order to be considered an Indian Residential School for the purposes of the IRSSA, an institution must fit the definition provided in...

  • R. v. Ammaq, 2018 NUCJ 27

    [1]       This matter proceeded as a judge alone trial.

  • R. v. Ammaq, 2018 NUCJ 28

    [1]       Christine Ammaq has been found guilty of break, enter and theft with respect to an occurrence at the Manning residence on July 7 and 8, 2017. Her image was captured on closed circuit cameras and she was easily identified by the home owner, Geneva Chislett, and Officer Josephee Baines who know her. The circumstances of the offence have been fully addressed

  • R. v. Ezekiel, 2018 NUCJ 26

    [1]       I will now pronounce my sentence.

  • Baffinland Iron Mines Corporation, et al. v. The Territorial Board of Revision and the Government of Nunavut, as represented by the Department of Community and Government Services, 2018 NUCJ 24

    [1]       The applicant Baffinland Iron Mines Corporation (BIM) is a Canadian mining company that has operated an iron ore mine known as the Mary River Project in the Qikiqtani region of North Baffin, Nunavut (Mary River Lands) since 2013.

  • R. v. Metuq, 2018 NUCJ 25

    [1]       By way of overview, Brian Metuq pleaded guilty to five counts before the court, with the assistance of Counsel, Ms. Bedford, who made submissions as to sentence on his behalf.

  • R. v. Itturiligaq, 2018 NUCJ 31

    [1]       The accused, Simeonie Itturiligaq, is charged with firearm-related offences, assault with a weapon and unlawful confinement arising from an incident in Kimmirut in January 2018.  On May 11th, he pleaded guilty to intentionally discharging a firearm at a house knowing that it was occupied.[1]  The Court ordered a Pre-sentence Report.  His sentence hearing...

  • M.T. v. D.I., 2018 NUCJ 23

    [1]       This is an application to set aside an ex parte Sole Custody Order which varied a Final Order of joint custody.  Each of the parties also have applications before the Court for sole custody and child support.                           

  • Director of Child and Family Services v. A.M. and N.N., 2018 NUCJ 22

    [1]       In this application, the parties have asked the Court to decide whether a judge of the Nunavut Court of Justice has jurisdiction to return an apprehended child to one or both parents on an interim or temporary basis.  The merits of the case were not presented to me.  This decision is confined to interpreting sections 26, 26.1, and 28 of the Child and...

  • R. v. Salomonie, 2018 NUCA 5

    [1]       At the Court of Appeal’s March 14, 2018 administrative speak-to-the-list sitting, the applicant advised the Court that he wished to make an application pursuant to s. 684 of the Criminal Code of Canada, RSC 1985, c C-46 [Criminal Code] seeking the assignment and funding of legal counsel for his appeal against conviction.  On July 24, 2018, with the assistance of

  • R. v. D.C., 2018 NUCJ 20

    [1]       The accused, D.C., is charged with sexually assaulting the complainant, S.K., on May 15, 2016, in the City of Iqaluit, contrary to section 271 of the Criminal Code, RSC 1985, c C-46 [Criminal Code]. This case raises issues that come before this Court and other Courts in Canada frequently because it concerns the application of the rules set out in R v Ewanchuk, 19

  • R. v. Ituluk, 2018 NUCJ 21

    [1]       The accused entered a guilty plea before me on July 19, 2018, for breaching his Recognizance under section 810.2 of the Criminal Code, RSC 1985, c C-46, (Criminal Code) on April 9, 2018, by consuming alcohol.  At the plea, with the agreement of Defence Counsel, the Crown also read as background the facts of another similar breach that occurred in...

  • Manumikalak v. R, 2018 NUCJ 19

    [1]      The applicant filed a Notice of Application for an Order declaring that his rights under sections 8 and 9 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter] were violated when his bags were searched by Royal Canadian Mounted Police [RCMP] officers without a...

  • Fontaine v Canada (Attorney General), 2018 NUCA 4

    [1]       The Attorney General of Canada appeals from a decision granting an application to have Kivalliq Hall, a high school student residence in Rankin Inlet (then in the Northwest Territories, now Nunavut), added as an institution pursuant to Article 12 of the Indian Residential School Settlement Agreement: Fontaine v Canada (Attorney General), 2016 NUCJ 31 [Reason

  • R. v. Nauya, 2018 NUCJ 18

    [1]       The accused was convicted of sexual assault by a jury in Rankin Inlet on May 30, 2018.

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