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

JudgeBerger, McDonald and Bielby, JJ.A.
CourtNunavut Court of Appeal (Canada)
Case DateFebruary 12, 2013
JurisdictionNunavut
Citations(2013), 544 A.R. 236;2013 NUCA 4

R. v. Kolola (P.) (2013), 544 A.R. 236; 567 W.A.C. 236 (NUCA)

MLB headnote and full text

Temp. Cite: [2013] A.R. TBEd. MR.090

Pingoatuk Kolola (appellant/respondent) v. Her Majesty the Queen (respondent/applicant)

(09-10-003-CAP; 2013 NUCA 4)

Indexed As: R. v. Kolola (P.)

Nunavut Court of Appeal

Berger, McDonald and Bielby, JJ.A.

February 19, 2013.

Summary:

The Crown applied to strike an appeal. The proffered grounds were that an insufficient number of appeal books were filed in a timely fashion and the Notice of Appeal did not contain "any grounds of appeal".

The Nunavut Court of Appeal dismissed the application, subject to directions.

Criminal Law - Topic 4903

Appeals - Indictable offences - Procedure - Dismissal of appeal for want of prosecution - The Crown applied to strike an appeal - The proffered grounds were that an insufficient number of appeal books were filed in a timely fashion and the Notice of Appeal did not contain "any grounds of appeal" - The appeal books were now filed, and the Notice of Appeal had now been amended - The Nunavut Court of Appeal dismissed the application, subject to directions - Counsel for the appellant should have proceeded with greater dispatch - "[O]n a number of occasions this Court and others in Nunavut have spoken to the deleterious effect on the administration of justice of a failure to perfect appeals and achieve finality in respect of serious criminal acts that impact on the community, its citizens, and the accused, all of whom have a real interest in such matters."

Criminal Law - Topic 4905.2

Appeals - Indictable offences - Procedure - Criminal appeal rules - [See Criminal Law - Topic 4903 ].

Cases Noticed:

R. v. Oakoak (T.), [2012] 1 C.N.L.R. 409; 510 A.R. 379; 527 W.A.C. 379; 2011 NUCA 4, refd to. [para. 5].

R. v. VanEindhoven (A.) (2012), 533 A.R. 38; 557 W.A.C. 38; 94 C.R.(6th) 168; 2012 NUCA 5, refd to. [para. 5].

Counsel:

N.E. Devlin, for the respondent/applicant;

T. Boyd, for the appellant/respondent.

This application to dismiss was heard on February 12, 2013, before Berger, McDonald and Bielby, JJ.A., of the Nunavut Court of Appeal. In reasons written by Berger, J.A., the Court delivered the following memorandum of judgment, filed at Iqaluit, Nunavut, on February 19, 2013.

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