R. v. Naqitarvik, (1986) 69 A.R. 1 (NWTCA)

• Judge: Laycraft, C.J., Haddad and Belzil, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: February 28, 1986
• Jurisdiction: Northwest Territories
• Citations: (1986), 69 A.R. 1 (NWTCA)

R. v. Naqitarvik (1986), 69 A.R. 1 (NWTCA)

MLB headnote and full text

R. v. Naqitarvik

(No. 565)

Indexed As: R. v. Naqitarvik

Northwest Territories Court of Appeal

Laycraft, C.J., Haddad and Belzil, JJ.A.

February 28, 1986.

Summary:

A 21 year old Inuit man from a remote Arctic community was convicted of sexual assault and sentenced to 90 days' intermittent imprisonment plus two years' probation. The lower than usual sentence was the result of the trial judge's determination that the traditional Inumarit Committee counselling was a suitable alternative to a longer sentence. The Crown appealed.

The Northwest Territories Court of Appeal, Belzil, J.A., dissenting, allowed the appeal and increased the sentence to 18 months' imprisonment.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - Starting point approach - The Northwest Territories Court of Appeal stated that a trial judge was to use the starting point approach on imposing sentence - See paragraph 16.

Criminal Law - Topic 5830.5

Sentencing - Considerations on imposing sentence - Traditional or cultural punishment - A 21 year old Inuit man from a remote arctic community sexually assaulted his cousin - Traditionally the community looked after its own members - The trial judge imposed a lesser than normal sentence on the ground that the traditional Inumarit Committee counselling was a suitable alternative to a longer sentence - The Northwest Territories Court of Appeal held that the trial judge erred in reducing the sentence on that ground, because the community had been exposed to the same laws and customs as other Canadians for some time; the modern traditional committee was more akin to the "usual community counselling" than a remnant of the ancient culture and the counselling, although admirable, could not replace a sentence of imprisonment - See paragraphs 1 to 10.

Criminal Law - Topic 5932

Sentence - Sexual assault - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 246.1(a) - A 21 year old Inuit man sexually assaulted his 14 year old cousin - Previous consensual sexual intercourse - Previous convictions on six counts of break and enter and possession of a narcotic - Current offence committed while on probation - Genuinely remorseful - Positive reaction to counselling - Reliable employee - Common law wife and child - The Northwest Territories Court of Appeal increased the accused's sentence from 90 days' intermittent imprisonment plus two years' probation to 18 months' imprisonment - See paragraphs 11 to 17.

Criminal Law - Topic 5932

Sentence - Sexual assault - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 246.1(a) - The Northwest Territories Court of Appeal stated that the starting point for sentences for major sexual assaults was three years' imprisonment - See paragraph 16.

Cases Noticed:

R. v. Fireman (1971), 4 C.C.C.(2d) 82, refd to. [para. 3].

R. v. Curley, Nagmalik & Issagaetok, [1984] N.W.T.R. 281, refd to. [para. 10].

R. v. Sandercock (1985), 62 A.R. 382, folld. [para. 15].

R. v. Ayalik (1960), 33 W.W.R.(N.S.) 377, refd to. [para. 38].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 645(1), sect. 645(2) [para. 37].

Counsel:

M. David Gates, for the appellant;

A.C. Wright, for the respondent.

This appeal was heard before Laycraft, C.J., Haddad and Belzil, JJ.A., of the Northwest Territories Court of Appeal.

On February 28, 1986, the judgment of the Northwest Territories Court of Appeal was delivered and the following opinions were filed:

Laycraft, C.J. (Haddad, J.A., concurring) - see paragraphs 1 to 17;

Belzil, J.A., dissenting - see paragraphs 18 to 42.