R. v. A.U., [2006] Nunavut Cases 10 (CJ)

JudgeKilpatrick, J.
CourtNunavut Court of Justice (Canada)
Case DateMay 23, 2006
JurisdictionNunavut
Citations[2006] Nunavut Cases 10 (CJ);2006 NUCJ 10

R. v. A.U., [2006] Nunavut Cases 10 (CJ)

MLB headnote and full text

Temp. Cite: [2006] Nunavut Cases TBEd. JN.117

Her Majesty the Queen (prosecutor) v. A.U. (accused)

(07-05-29; 2006 NUCJ 10)

Indexed As: R. v. A.U.

Nunavut Court of Justice

Iqaluit

Kilpatrick, J.

June 6, 2006.

Summary:

This headnote contains no summary.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 3577

Preliminary inquiry - Evidence - Unsworn evidence of child - See paragraphs 1 to 42.

Criminal Law - Topic 3596

Preliminary inquiry - Evidence - Evidence not otherwise admissible that judge considers credible or trustworthy - See paragraphs 1 to 42.

Counsel:

Christine Gagnon, for the prosecutor;

Sue Cooper, for the accused.

This case was heard on May 23, 2006, by Kilpatrick, J., of the Nunavut Court of Justice, who released the following judgment on June 6, 2006.

Please note: The following judgment has not been edited.

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6 practice notes
  • R. v. Moyer, 2020 MBPC 5
    • Canada
    • Provincial Court of Manitoba (Canada)
    • March 8, 2021
    ...a properly instructed trier of fact acting judicially might reasonably determine it is reliable then it is trustworthy. (See R. v. Uttak, 2006 NUCJ 10 which has been adopted by several of my colleagues in the Provincial Court in reported and unreported [9]     Finally, based on the wording ......
  • R. v. Moyer, 2021 MBPC 5
    • Canada
    • Provincial Court of Manitoba (Canada)
    • February 8, 2021
    ...a properly instructed trier of fact acting judicially might reasonably determine it is reliable then it is trustworthy. (See R. v. Uttak, 2006 NUCJ 10 which has been adopted by several of my colleagues in the Provincial Court in reported and unreported [9]     Finally, based on the wording ......
  • R. v. P.L.R., [2015] A.R. TBEd. AU.023
    • Canada
    • Alberta Provincial Court of Alberta (Canada)
    • July 27, 2015
    ...5) R.v. L.(J.P.), 2006 ABPC 313 6) R. v. Rao, 2012 BCCA 275 7) R. v. Morgan, 2006 YKTC 79 8) R. v. M.(P.), 2007 QCCA 414 9) R. v. Uttak, 2006 NUCJ 10 10) R. v. Inglis, 2006 ONCJ 154 [9] First of all it is important to note the test is in the alternative, if the evidence is either credible o......
  • R. v. Ammaklak (S.), 2006 NUCJ 22
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • November 23, 2006
    ...Court is guided by the specific statutory provisions of s.540(7) of the Criminal Code. For all of the reasons identified in R. v. Uttak, 2006 NUCJ 10, [2006] Nu.J. No. 11, the traditional common law rules governing admissibility of evidence for trial purposes have now been effectively displ......
  • Request a trial to view additional results
7 cases
  • R. v. C.H.,
    • Canada
    • Provincial Court of Manitoba (Canada)
    • October 18, 2021
    ...If a properly instructed trier of fact acting judicially might reasonably determine it is reliable, it is trustworthy. (See R. v. Uttak, 2006 NUCJ 10) [8]     Sections 540(7) and 540(9) interconnect such that the application to cross-examine the complainant relates to th......
  • R. v. Moyer, 2020 MBPC 5
    • Canada
    • Provincial Court of Manitoba (Canada)
    • March 8, 2021
    ...a properly instructed trier of fact acting judicially might reasonably determine it is reliable then it is trustworthy. (See R. v. Uttak, 2006 NUCJ 10 which has been adopted by several of my colleagues in the Provincial Court in reported and unreported [9]     Finally, b......
  • R. v. Moyer, 2021 MBPC 5
    • Canada
    • Provincial Court of Manitoba (Canada)
    • February 8, 2021
    ...a properly instructed trier of fact acting judicially might reasonably determine it is reliable then it is trustworthy. (See R. v. Uttak, 2006 NUCJ 10 which has been adopted by several of my colleagues in the Provincial Court in reported and unreported [9]     Finally, b......
  • R v McKnight, 2017 ABPC 250
    • Canada
    • Alberta Provincial Court of Alberta (Canada)
    • October 6, 2017
    ...not address the issue, rather dealt with the test to determine if a statement is trustworthy/credible (R v PLR, 2015 ABPC 168, R v Uttak, 2006 NUCJ 10, R v Pinnock, 2004 ONCJ 193 and R v Jesssamine, 2013 MBPC 2).[12] Section 540(9) allows the court to order upon application, cross examinati......
  • Request a trial to view additional results

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