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218 results for Canadian Caselaw › Territorial Court of the Northwest Territories

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  • R. v. Jackson, 2019 NWTTC 6

    [1]          Jeffrey Jackson is charged with operating a motor vehicle when the level of alcohol in his blood exceeded the legal limit.  After Mr. Jackson had been in a motor vehicle accident, the police obtained a search warrant to seize samples of his blood which had been taken by medical personnel and which were stored at the hospital.  The Crown’s case against Mr. Jackson is based on the...

  • R v Tatiyana Campbell, 2019 NWTTC 5

    [1]          Tatiyana Campbell has entered guilty pleas to the following 9 charges:

  • R. v. Wyatt Morgan, 2019 NWTTC 2

    [1]     The accused is charged with having care or control of a motor vehicle while his ability to do so was impaired by alcohol and while his blood alcohol level exceeded of 80 milligrams of alcohol in one hundred millilitres of blood contrary to the provisions of s. 253(1)(a) and 253(1)(b) of the Criminal Code.  Both charges arise out of the same circumstances which occurred on July 29th of...

  • Child and Family Services Act, 2019 NWTTC 4

    [1]     This is a hearing on the Director’s application for a permanent custody order regarding J. and F. M.. The Director bases its application on section 7 (b) and (k) of the Child and Family Services Act.

  • R. v. Brittany Napayok, 2019 NWTTC 3

    [1]             Prior to December 14, 2018, Brittany Napayok was ordered to pay fines and victim surcharges in respect of a number of offences for which she was sentenced.  The victim surcharges were imposed pursuant to section 737 of the Criminal Code as it read after October 24, 2013.

  • R. v. Geraldine Elleze, 2019 NWTTC 1

    [1]     Geraldine Elleze is charged with operating a motor vehicle while her blood alcohol exceeded the legal limit of eighty milligrams percent contrary to s. 253(1)(b) of the Criminal Code.  She was originally also charged with operating a motor vehicle while her ability to do so was impaired.  However, the Crown stayed the impaired count on the date of her trial.

  • R. v. L.M., 2018 NWTTC 13
  • R. v. L.M., 2018 NWTTC 12

    [1]     L.M. is charged with manslaughter, contrary to s. 236(b) of the Criminal Code.  He is also charged with sexual assault causing bodily harm contrary to s. 272 (c).  Both charges arise from the same events that occurred on or around October 2, 2015 when L. was thirteen years of age and his victim, E.B. was twelve. 

  • R. v. Wade Kapakatoak, 2018 NWTTC 10

    [1]          On June 18, 2018, Mr. Kapakatoak changed his plea from “not guilty” to “guilty” with respect to the charge that he committed a sexual assault on the victim named in the Information contrary to section 271 of the Criminal Code.

  • R. v. Arthur Barry Rabesca, 2018 NWTTC 11

    [1]     Arthur Rabesca was charged with sexual assault and sexual interference on a person under the age of fourteen. The date of the alleged offence is April 26, 2017, and the information was sworn the same date.

  • Dave Karpan v. Ron Poitras, 2018 NWTTC 9

    [1]          Dave Karpan (the Plaintiff) filed a claim against Ron Poitras (the Defendant) for $13,100.00, the value of a trailer and tools that the Plaintiff used as a “job shack” (the Trailer).  The Plaintiff alleges that the Defendant unlawfully took the Trailer and tools from the Northland Trailer Park Compound (the Compound).

  • R. v. Eric Bayha, Bryson Doctor, Thomas Horassi, 2018 NWTTC 7

    [1]          The three accused are each charged with unlawfully keeping liquor for sale contrary to section 74(b) of the Liquor Act, S.N.W.T. 2007, c.15, as amended.  In addition, Eric Bayha is charged with possessing a firearm without having the proper licence contrary to section 91(1) of the Criminal Code.   Each of the four charges are on a separate Information.

  • R. v. Matar Mahamed Mahamud, 2018 NWTTC 8

    [1]          Matar Mahamud, the accused, is a taxi driver in Yellowknife, NT.  In the late evening on Sunday, July 23, 2017, he picked up Angus Durrie in the downtown area of Yellowknife.  Mr. Durrie had been drinking at a pub.  Mr. Mahamud drove his fare to McDonald’s to buy some food and then to Ciara Manor Apartments, where Mr. Durrie’s apartment was located. 

  • R. v. L.M., 2018 NWTT C 6

    [1]       L.M., a young person, is on trial for manslaughter.  He is charged with unlawfully killing E.H.B., contrary to section 236(b) of the Criminal Code in the fall of 2015, when he was 13 years of age.

  • R. v. Karlie Robert, 2018 NWTT C 5

    [1]          Karlie Robert is charged that she:

  • R. v. Kirk John Mantla, 2018 NWTT C 4

    [1]          Mr. Mantla was charged with assault causing bodily harm.  The matter was set for trial on January 11 this year and Guy Tlokka, Stella Quitte, and Cst. Scriver testified that day.  The trial was then adjourned to January 12, and on January 12, Mr. Mantla changed his plea to guilty and facts were read in by the Crown.

  • R. v. Amos CHICKSI, 2018 NWTTC 01

    [1]             On November 15, 2017, Amos Chicksi was convicted of assaulting a peace officer, breaching an undertaking, and 2 counts of breaching a probation order.[1]  Mr. Chicksi received a Conditional Sentence of 9 months for all of the offences.

  • R. v. Gem Huskey, 2018 NWTTC 02

    [1] Gem Huskey plead guilty to the following offences:

  • R. v. B.S., 2017 NWTTC 15
  • R. v. Sutton, 2017 NWTTC 14

    [1] Robert Charles Sutton is a resident of British Columbia. He works as a paid on-call firefighter and EMT respondent. On June 9, 2016, he came to Yellowknife, in the Northwest Territories, to participate in the annual Mine Rescue Competition taking place June 10th and 11th.

  • R. v. K.K., [2015] Northwest Terr. Cases Uned. 16 (TC)

    [1] Gorin, J. : On July 13th of this year, the accused applied for a sentencing circle. The Crown opposed the application. After hearing from counsel, I adjourned the matter to today's date to consider their submissions.

  • R. v. Firth (C.S.), [2014] Northwest Terr. Cases Uned. 15

    [1] Gorin, J. : The accused is charged with assault causing bodily harm and uttering a threat to cause bodily harm contrary to ss. 267(b) and 264.1(1)(a) of the Criminal Code . He has pleaded not guilty and his trial is scheduled to commence next month on August 19th. On June 23rd of this year, the accused applied for an order, pursuant to ss. 7 and 24(1) of the Canadian Charter of Rights and...

  • R. v. Smith (F.J.), [2015] Northwest Terr. Cases Uned. 11 (TC)

    [1] Schmaltz, J. : On May 28, 2015, in Fort McPherson, I found that an Information charging Frankie James Smith with assault causing bodily harm was a nullity and therefore the proceedings based on that Information could not continue. The Information had been sworn on January 22, 2014, and the matter was scheduled to proceed to trial on May 27, 2015. Below are the reasons for my decision.

  • R. v. NWT, [2015] Northwest Terr. Cases Uned. 12 (TC)

    [1] Gorin, J. [orally]: I think that counsel have correctly identified the factors that I have to address when imposing sentence in this matter. There is, of course, the seriousness of the offence itself. Workers were exposed to what I think was a very serious risk to their long-term health, and it will not be known for many years whether or not injuries or disease actually occur.

  • Brotherston v. Shannahan, [2015] Northwest Terr. Cases Uned. 14 (TC)

    [1] Malakoe, J. : Leonard and Natasha Brotherston own a house in Yellowknife, Northwest Territories. They were friends with James Shannahan and Michelle Clowe- Shannahan. Their sons went to the same school and played soccer together. Leonard Brotherston had been doing his own renovations to the Brotherston residence but decided he would hire someone to do them. Mr. Shannahan owned his own...

  • R. v. Simon (C.), [2015] Northwest Terr. Cases Uned. 10 (TC)

    [1] Gorin, J. : Please be seated. Do you wish to have your client seated there beside you, Ms. Vogt?

  • R. v. Snowfield Development Corp., [2015] Northwest Terr. Cases Uned. 9

    [1] Gagnon, J. : I found the accused corporation guilty after a trial Ex Parte on July 24, 2014. I gave summary oral reasons at that time. The matter was adjourned for sentence and on August 20, 2014, I gave summary oral reasons for the sentence. I said I would give written reasons to explain my decision, as I expected that at the time of the decision, the Accused would only receive the Order...

  • Yellowknife v. Bran, [2015] Northwest Terr. Cases Uned. 8

    [1] Gorin, J. : The accused is charged with parking illegally contrary to s. 70(1) of the City of Yellowknife's Highway Traffic Bylaw No. 4063 ("the Bylaw"). Section 136 of the Bylaw provides that the punishment for all offences contrary to the Bylaw is a fine in an amount not exceeding $2,000 and/or imprisonment of a term not exceeding 6 months.

  • R. v. Rabesca (E.J.), [2015] Northwest Terr. Cases Uned. 5

    [1] Malakoe, J. : Elvis Rabesca is applying to withdraw his guilty plea to operating a vehicle when the alcohol level in his blood was over the legal limit. He asserts that at the time of entering his guilty plea, he was doing so with the hope of negotiating a better sentence with the Crown and showing the Court that he deserved a more lenient sentence than what was being proposed by the Crown....

  • R. v. Martel (A.A.), [2015] Northwest Terr. Cases Uned. 4 (TC)

    [1] Malakoe, J. : Angel Martel is charged with possessing cocaine for the purpose of trafficking.

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