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. Jeffrey (M.K.), [2007] Nunavut Cases (CJ) 6
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 15 de fevereiro de 2007
    ...or "confessions rule" as it is sometimes called." [15] I adopt the comments of Kilpatrick J. at paragraphs 4-13 of R. v. VanEindhoven, 2006 NUCJ 12, [2006] Nu.J. No. 13, on the purpose of the confessions rule. C. Admissibility of Hearsay Evidence [16] As noted in R. v. Evans, [1993] 3 S.C.R......
  • R. v. Kayaitok (B.), 2013 NUCJ 2
    • Canada
    • Nunavut Court of Justice (Canada)
    • 16 de janeiro de 2013
    ...to the questions from the police. He had an operating mind. A.iv.1 Voir Dire # 1 [29] As noted by Kilpatrick J. in R v VanEindhoven, 2006 NUCJ 12, [2006] Nu J No 13 [VanEindhoven], the absence of a police caution does not determine whether an accused's statement was voluntary. The pres......
  • R. v. Partridge (J.), 2007 NUCJ 13
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 1 de maio de 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 repea......
  • R. v. J.A., [2008] Nunavut Cases Uned. 8 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 25 de fevereiro de 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......
  • Request a trial to view additional results
6 cases
  • R. v. Jeffrey (M.K.), [2007] Nunavut Cases (CJ) 6
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 15 de fevereiro de 2007
    ...or "confessions rule" as it is sometimes called." [15] I adopt the comments of Kilpatrick J. at paragraphs 4-13 of R. v. VanEindhoven, 2006 NUCJ 12, [2006] Nu.J. No. 13, on the purpose of the confessions rule. C. Admissibility of Hearsay Evidence [16] As noted in R. v. Evans, [1993] 3 S.C.R......
  • R. v. Kayaitok (B.), 2013 NUCJ 2
    • Canada
    • Nunavut Court of Justice (Canada)
    • 16 de janeiro de 2013
    ...to the questions from the police. He had an operating mind. A.iv.1 Voir Dire # 1 [29] As noted by Kilpatrick J. in R v VanEindhoven, 2006 NUCJ 12, [2006] Nu J No 13 [VanEindhoven], the absence of a police caution does not determine whether an accused's statement was voluntary. The pres......
  • R. v. Partridge (J.), 2007 NUCJ 13
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 1 de maio de 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 repea......
  • R. v. J.A., [2008] Nunavut Cases Uned. 8 (CJ)
    • Canada
    • Nunavut Nunavut Court of Justice (Canada)
    • 25 de fevereiro de 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......
  • Request a trial to view additional results

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