R. v. VanEindhoven (A.), 2006 NUCJ 12

JudgeKilpatrick, J.
CourtNunavut Court of Justice (Canada)
Case DateApril 04, 2006
JurisdictionNunavut
Citations2006 NUCJ 12;[2006] Nunavut Cases 12 (CJ)

R. v. VanEindhoven (A.), [2006] Nunavut Cases 12 (CJ)

MLB headnote and full text

Temp. Cite: [2006] Nunavut Cases TBEd. JN.119

Her Majesty the Queen (prosecutor) v. Adrian VanEindhoven (accused)

(18-04-57-1; 2006 NUCJ 12)

Indexed As: R. v. VanEindhoven (A.)

Nunavut Court of Justice

Iqaluit

Kilpatrick, J.

June 13, 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 5342

Evidence and witnesses - Confessions and voluntary statements - Cross-examination on - See paragraphs 102 to 156.

Criminal Law - Topic 5355

Evidence and witnesses - Confessions and voluntary statements - Whether statement was made freely and voluntarily - See paragraphs 4 to 101.

Evidence - Topic 1670

Hearsay rule - Hearsay rule exceptions and exclusions - Statements of physical sensation and mental condition - Statements by victim - See paragraphs 157 to 187.

Counsel:

Christine Gagnon and Faiyaz Alibhai, for the prosecutor;

Tom Boyd, for the accused.

This case was heard at Rankin Inlet, Nunavut, on March 27 to April 4, 2006, by Kilpatrick, J., of the Nunavut Court of Justice, who released the following judgment on June 13, 2006.

Please note: The following judgment has not been edited.

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6 practice notes
  • R. v. J.A., [2008] Nunavut Cases Uned. 8 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • February 25, 2008
    ...expressly adopts the limitations associated with the use of context evidence as set out by this Court in the case of R. v. VanEindhoven, 2006 NUCJ 12, 70 W.C.B. ( 2d ) 982 at paragraphs 132-139. The Court also accepts that the range of evidence available as "context" is much broad......
  • R. v. VanEindhoven (A.), [2007] Nunavut Cases Uned. 1
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • January 9, 2007
    ...telephone conversation with Tony for a truth purpose. I do so for all of the reasons set out in Voir dire #2A (See R. v. VanEindhoven, 2006 NUCJ 12, [2006] Nu.J. No. 13 (VanEindhoven #1)). I find that the reception of this evidence is necessary and that it is sufficiently reliable to be rec......
  • R. v. Kringuk (J.), [2011] Nunavut Cases Uned. 13 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • June 24, 2011
    ...else do so. A. The legal test for the admissibility of statements made to persons in authority [39] In the case of R v VanEindhoven, 2006 NUCJ 12, 70 WCB (2d) 982 [VanEindhoven], this Court reviewed the legal and philosophical basis for the common law test on the admissibility of statements......
  • R. v. Partridge (J.), 2007 NUCJ 13
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • May 1, 2007
    ...came to fear this particular police officer. III. ANALYSIS A. The Issue of Continued Questioning [8] In the case of R. v. VanEindhoven, 2006 NUCJ 12, the Court discussed the significance of continued police questioning after a suspect has indicated a desire to remain silent: "[85] The ......
  • Request a trial to view additional results
6 cases
  • R. v. J.A., [2008] Nunavut Cases Uned. 8 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • February 25, 2008
    ...expressly adopts the limitations associated with the use of context evidence as set out by this Court in the case of R. v. VanEindhoven, 2006 NUCJ 12, 70 W.C.B. ( 2d ) 982 at paragraphs 132-139. The Court also accepts that the range of evidence available as "context" is much broad......
  • R. v. VanEindhoven (A.), [2007] Nunavut Cases Uned. 1
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • January 9, 2007
    ...telephone conversation with Tony for a truth purpose. I do so for all of the reasons set out in Voir dire #2A (See R. v. VanEindhoven, 2006 NUCJ 12, [2006] Nu.J. No. 13 (VanEindhoven #1)). I find that the reception of this evidence is necessary and that it is sufficiently reliable to be rec......
  • R. v. Kringuk (J.), [2011] Nunavut Cases Uned. 13 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • June 24, 2011
    ...else do so. A. The legal test for the admissibility of statements made to persons in authority [39] In the case of R v VanEindhoven, 2006 NUCJ 12, 70 WCB (2d) 982 [VanEindhoven], this Court reviewed the legal and philosophical basis for the common law test on the admissibility of statements......
  • R. v. Partridge (J.), 2007 NUCJ 13
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • May 1, 2007
    ...came to fear this particular police officer. III. ANALYSIS A. The Issue of Continued Questioning [8] In the case of R. v. VanEindhoven, 2006 NUCJ 12, the Court discussed the significance of continued police questioning after a suspect has indicated a desire to remain silent: "[85] The ......
  • Request a trial to view additional results

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