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82 results for Canadian Caselaw › Court of Appeal of Nunavaut

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  • R. v. Meeko, 2019 NUCA 6
  • R. v. G.N., 2019 NUCA 5
  • JD1H1 et. al. v Budden, 2019 NUCA 4
  • R v Oqutaq, 2019 NUCA 1
  • 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...

  • 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

  • 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 Ippak, 2018 NUCA 3

    [1]           On November 1, 2013, police arrested and charged the appellant with possession of 3.7 pounds of marihuana for the purpose of trafficking. The Crown conceded that the appellant’s ss 8, 9, and 10(b) rights under the Canadian Charter of Rights and Freedoms (“Charter”) were violated when he was arbitrarily detained and unreasonably searched prior to his...

  • R v Mala, 2018 NUCA 2

    [1]           This is a sentence appeal brought by the Crown.

  • R. v. Ehaloak, 2017 NUCA 4
  • Rankin Inlet Housing Association v. Tatty, 2017 NUCA 3
  • R. v. VanEindhoven (A.), 2016 NUCA 3

    [1] Watson, J.A. : Although, in some respects, this was an efficiently run trial, it foundered on a series of interlocking errors which, in our view, make the jury's verdict that the appellant was guilty of second degree murder as to events which occurred on April 24, 2004, a miscarriage of justice.

  • R. v. McDonald (D.), [2016] A.R. TBEd. JN.035

    [1] Schutz, J.A. : The appellant was sent to prison following a finding that she had breached a Conditional Sentence Order [CSO], and was not given credit for the time during which the CSO was suspended.

  • Agnico-Eagle Mines v. Nunavut, 2016 NUCA 2

    [1] By the Court : This appeal arises in the public law context and concerns the interplay between the doctrine of promissory estoppel and express statutory provisions.

  • R. v. Akpalialuk (K.), 2016 NUCA 1

    [1] By the Court : The Crown appeals the respondent's acquittal on a charge of possession of marijuana for the purpose of trafficking.

  • R. v. Ipeelie (L.), (2015) 602 A.R. 98

    [1] By the Court : Lucassie Ipeelie appeals from the imposition of a sentence of four years' incarceration upon entering a guilty plea to a charge of sexual assault imposed February 17, 2014.

  • Kucera v. Qulliq Energy Corp., (2015) 600 A.R. 129

    [1] Rowbotham and Brown, JJ.A. : An employee, concerned that she may have been constructively dismissed, wrote her employer that she was "reluctantly prepared to enter into negotiations for an appropriate termination package" and would continue "to fulfil her overall responsibilities for so long as negotiations continue and appear to be making progress." The trial judge...

  • R. v. VanEindhoven (A.), 2015 NUCA 1

    [1] By the Court : Mr. VanEindhoven seeks Court-appointed counsel in order to prosecute his appeal from a conviction for second-degree murder recorded on October 15, 2013. The thrust of his appeal is that the trial judge did not adequately caution the jury to ignore certain personal opinions expressed by prosecuting counsel during the course of his address to the jury. Defence counsel took issue...

  • R. v. Mikkigak (R.), 2014 NUCA 3

    [1] Mahar, J.A. : The Respondent, Robbie Mikkigak, was the defendant in a summary prosecution for theft of a pair of sunglasses from the Northmart on April 29, 2013. He was easily apprehended, not only because the theft was captured on film, but because he returned to the Northmart later the same day wearing the sunglasses, which were recovered. He was also facing another summary conviction...

  • Nunavut Tunngavik Inc. v. Canada (Attorney General) et al., (2014) 580 A.R. 75

    [1] Slatter, J.A. : The appellant, the Government of Canada, appeals the partial summary judgment granted against it by the case management judge: Nunavut Tunngavik Inc. v Canada (Attorney General), 2012 NUCJ 11, [2012] 3 CNLR 210. The underlying action alleges numerous breaches by Canada of the Nunavut Land Claims Agreement. The partial summary judgment relates to a breach of one clause of that...

  • R. v. Evic (S.Q.), [2014] A.R. Uned. 338 (NUCA)

    [1] Berger, J.A. [orally]: That which is in issue on appeal is whether the trial judge properly exercised her discretion to deny an adjournment sought by the Crown.

  • R. v. Kolola (P.), [2013] A.R. Uned. 419 (NUCA)

    [1] By the Court : The appellant, Pingoatuk Kolola, was convicted of first degree murder for killing a police officer and was sentenced to life imprisonment without the possibility of parole for 25 years. He appeals his conviction and seeks a new trial.

  • J.I. v. Director of Child and Family Services (Nunavut) et al., [2013] A.R. Uned. 412 (NUCA)

    [1] By the Court : The appellant mother (with the support of the respondent father) applied unsuccessfully to vary a permanent custody order. That order gave guardianship of two children to the respondent Director, and provided for one week of access in the summer and the winter, ". . . access not to commence until the parents have made sufficient progress, at the discretion of the Director,

  • R. v. Lyta (D.), (2013) 561 A.R. 146

    [1] Hunt, J.A. : The Crown appeals the four-year sentence imposed on the respondent after he pleaded guilty to one count of intentionally discharging a firearm into a place knowing that another person is present in the place contrary to Criminal Code, RSC 1985, c C-36, s. 244.2(1)(a): R v Lyta, 2013 NUCJ 1 (available on CanLII). There is no appeal of the ancillary orders.

  • R. v. Korgak (I.), [2013] A.R. Uned. 420

    [1] O'Brien, J.A. [orally]: The respondent, Idlout Korgak, killed his friend, Paul Kataluk, by driving over him with an ATV after a night of drinking. He pled guilty to manslaughter, leaving the scene of an accident and to driving while prohibited. The sentencing judge imposed a three-year sentence for manslaughter, six months consecutive for leaving the scene, and six months concurrent for...

  • R. v. Kolola (P.), (2013) 544 A.R. 236

    [1] Berger, J.A. : This is an application brought by the Crown respondent to strike an appeal. The proffered grounds are that an insufficient number of appeal books were filed with the Registrar in a timely fashion and the Notice of Appeal does not contain "any grounds of appeal".

  • R. v. G.N.S., (2013) 544 A.R. 80

    [1] Johnson, J.A. : On September 21, 2011, the learned Trial Judge convicted the accused of sexually assaulting the complainant between January and September 2006. The complainant testified about the sexual assault but said she could not remember if the accused was under the influence of alcohol. Nevertheless, the Crown led evidence from the accused's ex-girlfriend about the drinking history of...

  • R. v. Bishop (C.), 2013 NUCA 3

    [1] Côté, J.A. : Two issues on this appeal interlock. The trial judge let the jury hear and act on a general statement alleging previous serious criminal conduct by Mr. Bishop against unrelated people. Yet the judge kept from the jury detailed analogous evidence of similar previous crimes by the home invaders who are the subject of the present events.

  • Polar Supplies Ltd. v. Cape Dorset (Hamlet), 2013 NUCA 2

    [1] Mahar, J.A. : This afternoon I will be dealing with three preliminary issues, before this matter gets set down for a hearing before a full panel of this Court. All three concern the contents of the appeal book, the first two being relatively minor issues and the third requiring a ruling on the inclusion of "new and fresh" evidence by the Appellant.

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