R. v. Anablak, (1982) 42 A.R. 343 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: July 02, 1982
• Jurisdiction: Northwest Territories
• Citations: (1982), 42 A.R. 343 (NWTSC)

R. v. Anablak (1982), 42 A.R. 343 (NWTSC)

MLB headnote and full text

R. v. Anablak

(SC 2604)

Indexed As: R. v. Anablak

Northwest Territories Supreme Court

de Weerdt, J.

July 2, 1982.

Summary:

An accused, charged with first degree murder, applied for a change of venue under s. 527(1)(a) of the Criminal Code. The alleged murder occurred in a small community where most of the 800 residents were related by blood or marriage. There would be difficulty in getting six jurors unconnected with those involved. The Northwest Territories Supreme Court allowed the application, finding a reasonable probability of denial of a fair trial.

Criminal Law - Topic 4618

Procedure - Venue - Change of - Reasonable probability of denial of a fair trial - An accused, charged with first degree murder, applied for a change of venue under s. 527(1)(a) of the Criminal Code - The alleged murder occurred in a small community where most of the 800 residents were related by blood or marriage - There would be difficulty in getting six jurors unconnected with those involved - The Northwest Territories Supreme Court allowed the application, holding that a reasonable probability of denial of a fair trial existed - See paragraphs 1 to 11.

Cases Noticed:

R. v. Lafferty (1977), 35 C.C.C.(2d) 183, ref'd to. [para. 6].

Counsel:

J.Z. Vertes, for the applicant;

M.D. Gates, for the respondent.

This case was heard on July 2, 1982, at Yellowknife, Northwest Territories, before de WEERDT, J., of the Northwest Territories Supreme Court, who delivered the following judgment on July 5, 1982.