Court of Appeal (Northwest Territories)

File an appeal. Security for costs. Standing in estate litigation. Time limit

Evidence in a jury trial. Jury charge. Sexual contact. Identification ban

[1]           The appellant was convicted by a jury of sexual assault. He appealed arguing, in part, that his trial counsel was incompetent because she did not call the appellant’s daughters as witnesses.

Ground of appeal. Assault of a young girl by a person. Significant sentence. Corrective instruction. Jury submissions

Sentence appeal. Dismiss an appeal. Criminal chambers. Notice of motion. Principle of finality

Time of sentencing. Consideration as a dangerous offender. Serious personal injury offence. Reasonable possibility

Fit sentence. Sentencing principles. Criminal record. Involve robbery with a firearm. Mandatory minimum

Conditional sentence. Leave to appeal. Convicted of sexual assault

[1]           The underlying issue in this appeal is whether the Legal Aid Commission’s policy of not funding legal counsel for human rights complaints discriminates against disabled complainants. An Adjudication Panel appointed by the Human Rights Commission concluded that the policy was discriminatory, but that decision was set aside on appeal: Government of the Northwest Territories v...

Conviction by a jury for robbery of a taxi driver. Judgment appeal. New trial. Defence evidence. Miscarriage of justice

Pension into a lump sum payment. Jurisdiction of the appeal tribunal. Reasons for a deferential standard of review of administrative decisions. Discount rate

Head sentence. Deduction by reason. Breach of a guaranteed right. Substantive equality. Analogous group

Tribunal decision. Application for judicial review. Appeal hearing. Judicial review. Extension of time. Standard of review

[1] By the Court : The appellant was convicted of sexual assault, designated a dangerous offender and given an indeterminate sentence. He appeals both the conviction and the sentence.

[1] By the Court : Despite the able efforts of counsel for the appellant, the appeal of the appellant was dismissed following the hearing with reasons to follow. These are those reasons.

[1] By the Court : The appellant challenges his conviction for breaking and entering and committing sexual assault of the complainant HS on September 11, 2011 at her ground floor apartment residence. The following synopsis focuses on the central circumstances. It does not include the evidence of other witnesses (other than the complainant) whose evidence was found to be materially inconsistent...

[1] By the Court : The appellant's conviction for breaking and entering and sexual assault of the complainant HS on September 11, 2011 at her ground floor apartment residence was affirmed by this Court on June 26, 2015: see 2015 NWTCA 05. The appellant also appealed his sentence of imprisonment for seven years: see R v R.M.S. , 2013 NWTSC 13. These reasons address the sentence appeal.

[1] By the Court : The appellant appeals his convictions by a jury for sexual assault on two grounds:

[1] Slatter, J.A. : The issue in this appeal is whether École Allain St-Cyr, the minority language school in Yellowknife, meets the minimum constitutional standards. The trial judge held that it does not, and ordered the appellants to construct further facilities for the school: Association des parents ayants droit de Yellowknife v Northwest Territories (Attorney General) , 2012 NWTSC 43.

[1] Wakeling, J.A. [orally]: The sentencing judge sentenced Russell Dean George Doll to four years' imprisonment less twenty-nine days for time spent in pre-sentence custody after convicting him of a contravention of s. 151 of the Criminal Code . [see footnote 1] This provision makes it an offence for a person to touch any part of the body of another person under sixteen years of age for a

[1] Côté, J.A. : This is an appeal from a trial judgment in a class action: 2013 NWTSC 25. The plaintiffs' basic complaint is that the defendant Bell charged for non-existent services, namely 911 calling. There is no 911 service in the three Territories (except in Whitehorse). Monthly bills in the Territories bore a separate 911 fee of 75¢ (trial Reasons, supra , paras 23-24).

[1] By the Court : This is an appeal from a trial decision (a) ordering the appellants to construct more minority language school facilities, and (b) declaring unconstitutional the Minister's directive on admissions to the minority language school: Commission Scolaire Francophone, Territoires du Nord-Ouest v Northwest Territories (Attorney General), 2012 NWTSC 44. It is the companion to ...

[1] Côté and Bielby, JJ.A. : The appellant appeals a conviction of sexual assault contrary to s 271(1) of the Criminal Code . We dismiss the appeal for the following reasons.

[1] Bielby, J.A. : Unlike in most other Canadian jurisdictions, workers in the Northwest Territories who wish to contest the amount of workers' compensation they have received after sustaining a work-related injury are not necessarily limited to launching an appeal within the workers' compensation system. They may also pursue relief through human rights legislation in certain circumstances. That...

[1] Côté, J.A. [orally]: The respondent woman pled guilty to a sexual assault on a 14-year old boy. When she was 24, she pressured him into having full sexual intercourse with her. It appears to have been unprotected. He was, of course, legally incapable of consenting. The victim impact statement shows the sorts of adverse mental effects on him which one might expect, and which...

[1] Côté and Veldhuis, JJ.A. : This conviction appeal concerns two matters:

[1] Hunt, J.A. : La Fédération nationale des conseils scolaires francophones (Fédération nationale), le Conseil scolaire francophone de la Colombie-Britannique (Conseil) et la Fédération des parents francophones de Colombie-Britannique (Fédération) demandent permission d'intervenir dans deux appels concernant la protection de droits en vertu de l'article 23 de la Charte canadienne des droits et...

[1] Charbonneau, J. [orally]: I have had time to consider what I heard this morning, and I want to thank Mr. Werner and Mr. Hansen for their submissions, and I am now able to give my decision on the application to amend the Notice of Appeal.