Case Law › Yukon

[1] Cooper J.A.: Justina Ellis appeals her dangerous offender designation and her 10-year long-term supervision order. She seeks a new hearing, pursuant to s. 759.3(a)(ii) of the Criminal Code.

[1] Veale C.J. (Oral): Counsel for the defendants makes an application with respect to a jury trial of 13 days duration between January 28 and February 13, 2019.

[1] This petition arises from three unpaid invoices from August and October 2017, claimed to be owing to the Petitioner, Chieftain Energy Limited Partnership (“Chieftain”) for fuel that they delivered to a placer mine site near Nansen Creek (“the mine”). The mine is owned by Pishon Gold Resources Inc. (“PGRI”).

[1] Ruddy T.C.J. (Oral): J.H.L. is before the court on three Informations. I have made findings of guilt following trial with respect to offences of uttering threats, assault, and resist arrest. J.H.L. has entered a guilty plea to one count of breaching the terms of his release by attending at the Independent Grocers, the site of the common assault.

[1]            In 2015, E.O. sexually touched S., his 17-year-old niece, who was in his family’s safekeeping because she had been struggling with difficult life challenges. He had sexual intercourse with her a number of times. After a protracted process, including a trial, a constitutional challenge, and a sentencing circle, Mr. O. was sentenced to 15 months’ incarceration, along with two years’...

[1]            In 2015, E.O. sexually touched S., his 17-year-old niece, who was in his family’s safekeeping because she had been struggling with difficult life challenges. He had sexual intercourse with her a number of times. After a protracted process, including a trial, a constitutional challenge, and a sentencing circle, Mr. O. was sentenced to 15 months’ incarceration, along with two years’...

[1]             Mark McCluskey was convicted after trial of having committed two offences contrary to s. 255(2) and two offences contrary to s. 255(2.1) of the Criminal Code.  The charges arose out of an accident that occurred on January 20, 2017.

[1]             RUDDY J. (Oral):     Brayden Pye has entered a guilty plea to one count of touching a person under the age of 16 years for a sexual purpose contrary to s. 151(b) of the Criminal Code.

[1] This is an application to determine whether two vehicles included in the estate of Mr. Arnold Veinott are to be divided between the parties or are part of the residue of the estate, which is to be transferred to Mr. Richard Veinott. This application raises the question of the proper interpretation of a clause in a consent order filed in this matter and a related settlement agreement reached...

[1] On December 6, 2018, Wesley Quash was sentenced to 10 months' imprisonment, less 3.5 months credit for time served, and 30 months' probation, following his conviction for aggravated assault contrary to s. 268 of the Criminal Code, R.S.B.C. 1985, c. C-46. He is due to be released in mid-April.

[1] J.H.L. has been charged with uttering a threat to cause death contrary to s. 264.1(1)(a) of the Criminal Code. Two issues must be addressed in determining whether the Crown has met its burden in establishing guilt beyond a reasonable doubt:

[1] On December 6, 2018, Wesley Quash was sentenced to 10 months' imprisonment, less 3.5 months credit for time served, and 30 months' probation, following his conviction for aggravated assault contrary to s. 268 of the Criminal Code, R.S.B.C. 1985, c. C-46. He is due to be released in mid-April.

[1] This is a case about breach of contract. The plaintiff (hereinafter referred to as “Dul”) and the defendant (hereinafter referred to as “Gatenby”) entered into an oral agreement whereby Dul was permitted to work some gold mining claims owned by Gatenby. Dul alleges that Gatenby terminated their agreement unlawfully when he leased the claims to a third party. Gatenby states that Dul was in...

[1]            The plaintiff applied to have the estate of Brendan Kinney added as a defendant in this proceeding. He also applied to amend his statement of claim, as set out in his notice of application, accordingly. Richard and Yolande Cherepak, the plaintiffs in a separate but related action, brought pursuant to the Fatal Accidents Act, R.S.Y. 2002, c. 86, also filed an application to have the

[1]            The plaintiffs applied to have the estate of Brendan Kinney added as a defendant to their claim. They also applied to amend their Statement of Claim, as set out in their Notice of Application. Derrick Gibbons, the plaintiff in a separate but related action, also filed an application to have the estate of Mr. Kinney added as a defendant to his claim. I heard the two applications at...

[1]             Ruddy J. (Oral):  Robert Davidson has been charged with operating a motor vehicle while his ability to do so was impaired by alcohol and with refusing to provide a breath sample. 

[1] Duncan J. (Oral): This is a petition by the Director of Public Safety and Investigations under the Safer Communities and Neighbourhoods Act, S.Y. 2006, c. 7, for a community safety order related to the property at 81–4 Prospector Road.

[1]            STROMBERG-STEIN J.A.: Mr. Kloepfer appeals his sentence of five months’ imprisonment followed by a two-year driving prohibition for dangerous driving causing bodily harm contrary to s. 249(3) of the Criminal Code, R.S.C. 1985, c. C-46. He seeks a reduction of one month on the basis that the sentence was imposed in conjunction with concurrent sentences for two convictions for...

[1] Ruddy T.C.J. (Oral): J.H.L. is facing charges in relation to common assault and resisting arrest on October 30, 2018. No issues have been raised with respect to jurisdiction or identification.

[1]            DUNCAN J. (Oral):  There are two applications for decision in this matter.  This matter was heard on March 1, 2019.

[1]          The applicant, James William Smarch, applies under s. 678(2) of the Criminal Code, R.S.C. 1985, c. C-46 [Code] and Rules 3 and 16 of the Yukon Territory Court of Appeal Criminal Appeal Rules, 1993 for an extension of time to appeal a decision made by a Yukon Territorial Court judge on October 23, 2014, declaring him to be a dangerous offender. The applicant submits that the interests

[1]          Kaska Dena Council (“KDC”) applies for a declaration and order that the Government of Yukon (“Yukon”) has a duty to consult and accommodate KDC prior to issuing sport hunting licences and tags under the Wildlife Act, R.S.Y. 2002, c. 229, in the southern part of Kaska territory in Yukon. KDC also applies for a declaration that Yukon has breached its duty to consult. At the outset, it...

[1]          The Government of Yukon has brought an application pursuant to section 12.1 of the Court of Appeal Act, R.S.Y. 2002, c. 47, seeking to prohibit Juanita Wood from instituting a proceeding in the Court of Appeal on behalf of herself or another person without leave of the Court.

[1]           Mark McCluskey has been charged with having committed offences contrary to ss. 255(2) and (2.1) of the Criminal Code.

[1]          M.J.H. was convicted after trial of the offence of break and enter and commit sexual assault contrary to s. 348(1)(b) of the Criminal Code (R. v. M.J.H., 2018 YKTC 45).  A conviction on the s. 271 offence of sexual assault was conditionally stayed pursuant to the principle in R. v. Kienapple, [1975] 1 S.C.R 729.

[1]           Settea Edzerza-MacNeill has been charged with having committed offences contrary to ss. 253(1)(a) and (b) of the Criminal Code. 

[1]          This is an application by the plaintiffs, Michel Vincent and Michael Heydorf, for an extension of the November 30, 2018 expiry dates of five of their placer mining claims (the “expired claims”), pending the outcome of this litigation. The plaintiffs also seek an abridgement of time to bring the application.

[1]            WALKER T.C.J. (Oral):   This is the Court’s decision in regards to what is now a single count matter, that is to say, a charge that Michelle Fred:

[1]            STROMBERG-STEIN J.A.: On November 23, 2017, Daryl Michael John Mathieson pleaded guilty to an offence under s. 271 of the Criminal Code, R.S.C. 1985, c. C‑46 concerning two instances of having sexual intercourse and one instance of oral sex with a 14-year-old girl. He was sentenced in the territorial court on June 13, 2018, to six months, less time served, and 15 months’ probation.

[1]          This appeal concerns the proper interpretation, and the legal effect, of a provision of the Rupert’s Land and North-Western Territory Order (U.K.), reprinted in R.S.C. 1985, App. II, No. 9 (the “1870 Order”). The relevant provision (the “Transfer Provision”) of the 1870 Order reads: