R. v. Itturiligaq, 2018 NUCJ 31

JurisdictionNunavut
JudgePaul Bychok
Citation2018 NUCJ 31
Date11 September 2018
CourtNunavut Court of Justice (Canada)
Docket Number2018nucj31
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12 practice notes
  • R v Hills, 2020 ABCA 263
    • Canada
    • Court of Appeal (Alberta)
    • July 10, 2020
    ...judge found two years less a day would be the appropriate sentence. [53]        In R v Itturiligaq, 2018 NUCJ 31, the offender pleaded guilty to intentionally discharging a firearm at a house knowing that it was occupied (section 244.2(1)(a)). When his gir......
  • THE GLADUE ANALYSIS: SHEDDING LIGHT ON APPROPRIATE SENTENCING PROCEDURES AND SANCTIONS.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 3, September 2021
    • September 1, 2021
    ...of another example of a court discussing Indigenous law, here Inuit law, see Ippak, supra note 31 at paras 76-77, 84-94; R v Itturiligaq, 2018 NUCJ 31, revel on other grounds 2020 NUCA 6 [Itturiligaq, NUCJ]. For an examination of these two criminal law judgments from {Ippak and Itturiligaq)......
  • R v Parr, 2020 NUCA 2
    • Canada
    • Nunavut Court of Appeal (Canada)
    • April 9, 2020
    ...and family and friends and any contact with [his] people....” The trial judge, in argument, referenced his decision in R v Itturiligaq, 2018 NUCJ 31, paras 80 and 86, where he questioned “why after 19 years of division, we continue to send our federal offenders out of Nunavut to the south.”......
  • R. v. Alphonse,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 27, 2020
    ...courts where the provision was found to violate s. 12: R. v. Nungusuituq, 2019 NUCJ 6; R. v. Ookowt, 2017 NUCJ 22; R. v. Itturiligaq, 2018 NUCJ 31; and R. v. Cardinal, 2018 NWTSC [159] The Crown also fairly notes other decisions finding s. 12 infringements for s. 244.2 offences. Those inclu......
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8 cases
  • R v Hills, 2020 ABCA 263
    • Canada
    • Court of Appeal (Alberta)
    • July 10, 2020
    ...judge found two years less a day would be the appropriate sentence. [53]        In R v Itturiligaq, 2018 NUCJ 31, the offender pleaded guilty to intentionally discharging a firearm at a house knowing that it was occupied (section 244.2(1)(a)). When his gir......
  • R v Parr, 2020 NUCA 2
    • Canada
    • Nunavut Court of Appeal (Canada)
    • April 9, 2020
    ...and family and friends and any contact with [his] people....” The trial judge, in argument, referenced his decision in R v Itturiligaq, 2018 NUCJ 31, paras 80 and 86, where he questioned “why after 19 years of division, we continue to send our federal offenders out of Nunavut to the south.”......
  • R. v. Alphonse,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 27, 2020
    ...courts where the provision was found to violate s. 12: R. v. Nungusuituq, 2019 NUCJ 6; R. v. Ookowt, 2017 NUCJ 22; R. v. Itturiligaq, 2018 NUCJ 31; and R. v. Cardinal, 2018 NWTSC [159] The Crown also fairly notes other decisions finding s. 12 infringements for s. 244.2 offences. Those inclu......
  • R. v. Pye, 2019 YKTC 21
    • Canada
    • Territorial Court of Yukon (Canada)
    • April 17, 2019
    ...legacy of residential schools that often results in offences by Aboriginal persons (p. 173). [66] Cases, such as R. v. Itturiligaq, 2018 NUCJ 31, out of the Nunavut Supreme Court, have struck down mandatory minimum sentences, albeit in relation to non-sexual offences, on the basis they prev......
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4 books & journal articles
  • THE GLADUE ANALYSIS: SHEDDING LIGHT ON APPROPRIATE SENTENCING PROCEDURES AND SANCTIONS.
    • Canada
    • University of British Columbia Law Review Vol. 54 No. 3, September 2021
    • September 1, 2021
    ...of another example of a court discussing Indigenous law, here Inuit law, see Ippak, supra note 31 at paras 76-77, 84-94; R v Itturiligaq, 2018 NUCJ 31, revel on other grounds 2020 NUCA 6 [Itturiligaq, NUCJ]. For an examination of these two criminal law judgments from {Ippak and Itturiligaq)......
  • Six Examples Applying the Meta-Principle Linguistic Method: Lessons for Indigenous Law Implementation.
    • Canada
    • University of New Brunswick Law Journal No. 73, January 2022
    • January 1, 2022
    ...at paras 17,46 [Mikijuk] (sentencing); R v Anugaa, 2018 NUCJ 2 at paras 37-44 [Anugaa] (applied for stay of prosecution); R v Itturiligaq, 2018 NUCJ 31 at paras 62-63, 70, 86, 106-124 [Itturiligaq NUCJ] (sentencing and Charter challenge to statutory minimums); R v Jaypoody, 2018 NUCJ 36 at ......
  • Expanding the Reach of Gladue: Exploring the Use of Gladue Reports in Child Protection
    • Canada
    • Appeal: Review of Current Law and Law Reform No. 26, January 2021
    • January 1, 2021
    ...Gladue Writers Conference” 22-23 November 2018 at 8 [Writer’s Conference]. 64 Ibid at 9. 65 CLE, supra note 46 at 17. 66 R v Itturiligaq , 2018 NUCJ 31 at para 62. 67 David Milward & Debra Parkes, “ Gladue : Beyond Myth and towards Implementation in Manitoba” (2011) 35:1 Man LJ 84 at 88. AP......
  • Judicial Reasoning Across Legal Orders: Lessons from Nunavut.
    • Canada
    • Queen's Law Journal Vol. 45 No. 2, March 2020
    • March 22, 2020
    ...at 554-55). (7.) See Denis-Boileau & Sylvestre, supra note 6 at 578. (8.) See ibid at 580. (9.) See supra note 2 at para 69. (10.) 2018 NUCJ 31. At the time of writing, an appeal of Bychok J's decision in Itturiligaq had been heard by the Nunavut Court of Appeal and its judgment was sti......

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