R. v. Partridge (J.), (2011) 510 A.R. 97

JudgeJohnson, J.A.
CourtNunavut Court of Appeal (Canada)
Case DateMay 17, 2011
Citations(2011), 510 A.R. 97;2011 NUCA 2

R. v. Partridge (J.) (2011), 510 A.R. 97; 527 W.A.C. 97 (NUCA)

MLB headnote and full text

Temp. Cite: [2011] A.R. TBEd. MY.111

Jimmy Partridge (appellant) v. Her Majesty The Queen (respondent)

(08-09-009-CAS; 2011 NUCA 2)

Indexed As: R. v. Partridge (J.)

Nunavut Court of Appeal

Johnson, J.A.

May 17, 2011.


The accused sought leave to extend the time to appeal the judgment of Kilpatrick, J., which declared the accused to be a dangerous offender.

The Nunavut Court of Appeal dismissed the application.

Civil Rights - Topic 726

Liberty - Charter of Rights and Freedoms - Denial of liberty - What constitutes - [See Criminal Law - Topic 6208 ].

Criminal Law - Topic 6208

Sentencing - Appeals - Variation of sentence - Extension of time to appeal - The accused sought leave to extend the time to appeal the judgment of Kilpatrick, J., which declared the accused to be a dangerous offender - The accused was a treatment-resistant schizophrenic pedophile who had repeatedly sexually molested young children - The accused proposed to argue that the Criminal Code should contain an option to designate an individual a "lifetime long term offender" (LTO) and that the absence of such a possibility contravened s. 7 of the Charter - The Nunavut Court of Appeal dismissed the application - If the accused ever met the criteria for an LTO, he would find himself in the same position as a long-term offender, for the same length of period as was proposed in his appeal (namely for life) - As a result, there was no deprivation of liberty to which he could point as the basis of a s. 7 infringement - The extent to which his liberty was restricted under either the present sentence, or the proposed "lifetime LTO", was purely a function of whether and when his risk to the community became manageable - That was both fair and just - See paragraphs 1 to 22.

Criminal Law - Topic 6515

Dangerous or long-term offenders - Detention - Appeals - When available - [See Criminal Law - Topic 6208 ].

Cases Noticed:

R. v. Lyta (N.N.), [2008] Nunavut Cases Uned. 28; 2008 NUCJ 28, refd to. [para. 10].

R. v. Antonangeli (V.) (2000), 132 O.A.C. 365; 146 C.C.C.(3d) 90 (C.A.), refd to. [para. 10].

R. v. Watkins (J.) (1999), 121 O.A.C. 352; 42 W.C.B.(2d) 526 (C.A.), refd to. [para. 10].

R. v. Johnson (J.J.), [2003] 2 S.C.R. 357; 308 N.R. 333; 186 B.C.A.C. 161; 306 W.A.C. 161; 177 C.C.C.(3d) 97, refd to. [para. 14].

R. v. Lyons, [1987] 2 S.C.R. 309; 80 N.R. 161; 82 N.S.R.(2d) 271; 207 A.P.R. 271; 37 C.C.C.(3d) 1, refd to. [para. 18].

R. v. Brown (A.R.R.), [1993] 2 S.C.R. 918; 127 A.R. 89; 20 W.A.C. 89; 73 C.C.C.(3d) 481 (C.A.), revd. (1993), 155 N.R. 225; 141 A.R. 163; 46 W.A.C. 163; 83 C.C.C.(3d) 129 (S.C.C.), refd to. [para. 6].


Andrew Mahar, for the appellant;

Nicholas Devlin, for the respondent.

This application for an extension of time for leave to appeal was heard by Johnson, J.A., of the Nunavut Court of Appeal, who delivered the following decision at Iqaluit, Nunavut, on May 17, 2011.

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