ᓄᓇᕗᒻᒥ ᐃᖅᑲᖅᑐᐃᔨᒃᑯᑦ

Nunavut Apighuiyin Maligaliungnikkun

Nunavut Court of Justice
Cour de justice du Nunavut

Notice to Accused Persons, Profession, Crown, Public

Prosecution Service of Canada, Legal Services Board,
Correctional Institutions, Witnesses, Jurors, The Public and
The Media Regarding Criminal and Civil Operations

SUSPENSION OF NUNAVUT COURT OF JUSTICE REGULAR OPERATIONS

March 17, 2020

The Nunavut Court of Justice (NCJ) suspended regular operations, effective 5

p.m. on Monday, March 16, 2020. The suspension will be in effect until further
notice. The decision to suspend operations was made to protect the health and
safety of all community members and court users by aiding efforts to contain the
spread of COVID-19.

As Chief Justice I have directed that emergency closure orders be issued, on a

community-by-community basis, territory wide. For the purposes of retaining
jurisdiction in criminal law matters, each community specific closure order
provides for matters on cancelled circuits to be returned to court at 9:30 a.m. on
the first day of the first scheduled circuit in the community after May 31, 2020.
The NCJ will monitor all developments with COVID-19 and will amend return
dates as appropriate.

Once the Iqaluit closure order has issued, criminal matters returnable in Iqaluit
during the suspension period will have June 1, 2020 listed as a return date. The
court directs you to the Notice to the Bar of Nunavut, March 16, 2020, for further
information on the question of jurisdiction.

In addition to the cancellation of circuit courts, I directed that all jury trials
scheduled to commence on or before May 31, 2020 are to be cancelled and
spoken to at assignment court on June 1, 2020 to set a new trial date. For the
information of the public, if you have received a summons to attend court for jury
selection, that summons has been cancelled. YOU ARE NOT TO SHOW UP TO
COURT for jury summons until you receive further written notice.

ᐃᒡᓘᑉ ᓈᓴᐅᑎᖓ / Bldg / édifice # 510 ᑎᑎᖅᑲᒃᑯᕕᐊ / P.O. Box / C.P. 297
ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ Iqaluit, Nunavut X0A-0H0  (867) 975-6121  (867) 975-6169
If counsel wish to bring forward an urgent and/or in-custody criminal matter, they
may do so by submitting a supplemental docket request (Form 10B) to the Trial
Coordinator at ncj.trialcoordinator@gov.nu.ca. It is hoped that all such matters
will be able to be accommodated in a timely fashion. All matters will be
conducted by phone or videoconference.

A. URGENT CRIMINAL MATTERS DURING THE SUSPENSION

The suspension of regular operations is not to be confused with stoppage of court

operations. The NCJ is still operational to ensure the continued administration of
Justice in Nunavut. I will adopt the words and practices being undertaken by the
Ontario Superior Court at this time. In a release dated March 15, 2020, Chief
Justice Geoffrey Morawetz of the Ontario Superior Court eloquently and concisely
stated:

Court will continue to hear urgent matters during this emergency period. The
Court plays a fundamental role in our constitutional democracy. Access to
justice for the most urgent matters is available. This Notice identifies the
urgent criminal matters that will be heard during the suspension of operations,
and the process for bringing such matters before the Court.

Taking the Ontario Superior Court of Justice’s lead, criminal law procedures will
be as follows:

1. Judicial Pre-trial Conferences (PTCs)

a. PTC’s remain available. Please contact the trial coordinator

(ncj.trialcoordinator@gov.nu.ca) for scheduling;
b. PTCs will be handled by phone
c. Crown and Defence counsel will be required to file matters
electronically with the trial coordinator;
d. The court requests the cooperation of Crown and Defence in assisting to
provide the court with the necessary material during off-site operations;
e. All PTCs scheduled prior to March 17, 2020 are proceeding, unless the
presiding judge directs otherwise.

2. Trials

a. All trials are adjourned, unless ordered otherwise;

b. Counsel shall appear in Iqaluit assignment court on June 1, 2020 to set
new dates.

ᐃᒡᓘᑉ ᓈᓴᐅᑎᖓ / Bldg / édifice # 510 ᑎᑎᖅᑲᒃᑯᕕᐊ / P.O. Box / C.P. 297
ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ Iqaluit, Nunavut X0A-0H0  (867) 975-6121  (867) 975-6169
 c. Closure orders address and provide information relating to jurisdiction.

3. In-person Access to NCJ

All in-person appearances are suspended, effective immediately.

4. Bail, Bail Reviews and Detention Reviews

Bail, Bail Reviews and s. 525 Detention Reviews will continue to be

available via telephone. The court will utilize to the fullest extent Criminal
Code provisions permitting matters to be heard in the absence of the
accused, or in the presence of the accused by way of telephone or, if
available, videoconference. Parties are urged to provide consent to the use
of these alternative processes to the fullest extent possible, where such
consent is required.

Defence and Crown counsel should work together to arrange a date and the
filing of materials through the trial coordinator.

5. Sureties

Defence counsel will be responsible for arranging to confirm sureties’

identification and to assist them to sign bail by signing an electronic bail
release and scanning it back to the designated court officer, either
ncj.criminal@gov.nu.ca or jp.info@gov.nu.ca, to be forwarded to the
institution.

6. Guilty Pleas and Sentencing

Guilty pleas and sentencing can be dealt with remotely for persons in
custody in urgent circumstances.

Counsel should book a PTC to make arrangements or file a supplemental

docket request asking that the matter be brought forward

7. Resumption of Normal Operations

In the weeks ahead, the NCJ will finalize a plan to resume regular
operations. Criminal matters are scheduled to return in the first week of
June in Iqaluit and on the first scheduled circuit on or after June 1 in the
communities. However, if circumstances change and normal operations can

ᐃᒡᓘᑉ ᓈᓴᐅᑎᖓ / Bldg / édifice # 510 ᑎᑎᖅᑲᒃᑯᕕᐊ / P.O. Box / C.P. 297
ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ Iqaluit, Nunavut X0A-0H0  (867) 975-6121  (867) 975-6169
 resume earlier, the court will notify counsel, the Crown, community
leaders, and institutions.

B. REGULAR FILINGS

The Iqaluit courthouse is only accepting electronic filings through the

ncj.civil@gov.nu.ca and ncj.criminal@gov.nu.ca email addresses in order to
encourage social distancing. In-person public access to the courthouse is now
suspended.

Electronic filings may continue to occur. However, where procedural rules or

court orders require the delivery of documents during this emergency period, and
such delivery is not possible, parties can expect the Court to grant extensions of
time once the Court’s normal operations resume. The court does not expect
personal service of pleadings to take place during this extraordinary event related
closure. The Court will also understand if a defence is not able to be delivered due
to reasonable reasons, including the inability to retain and instruct counsel during
this period. Return to procedural compliance will be expected within a reasonable
amount of time after the re-opening of the court.

During this temporary suspension of regular operations, the Court calls upon the
Crown, Defence and Bar to cooperatively engage in every effort to collaborate
with each other and to aid the Court in dealing with urgent matters.

C. CIVIL MATTERS

All special chambers civil appearances have been adjourned sine die. Post June 1,
2020, a date will be provided to counsel and litigants by the trial coordinator to
address all suspended civil matters.

Any child welfare matter required to be addressed in accordance with and within
prescribed time lines will be heard, via phone. Currently docketed “chw” matters
will be addressed as scheduled.

Every civil appearance, where required, will occur via phone.

All small claims matters are postponed until after June 1, 2020. If you have an on-
going small claims court matter, please contact the trial coordinator after court
operations have resumed.

ᐃᒡᓘᑉ ᓈᓴᐅᑎᖓ / Bldg / édifice # 510 ᑎᑎᖅᑲᒃᑯᕕᐊ / P.O. Box / C.P. 297
ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ Iqaluit, Nunavut X0A-0H0  (867) 975-6121  (867) 975-6169
D. THANK YOU AND STAY WELL

The efforts and procedures articulated above have been done with primary consideration
being given to the health and wellbeing of Nunavummiut . I look forward to working
with counsel, justice stakeholders, community leaders and community members towards
solving any procedural or substantive legal issues that may develop concerning the rights
of Nunavummiut as a result of the COVID-19 crisis. Working together, I am hopeful we
can maintain your confidence in the administration of justice in Nunavut during these
uncertain and troubling times. Thank you and stay well.

Neil Sharkey
Chief Justice
Nunavut Court of Justice

ᐃᒡᓘᑉ ᓈᓴᐅᑎᖓ / Bldg / édifice # 510 ᑎᑎᖅᑲᒃᑯᕕᐊ / P.O. Box / C.P. 297
ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ Iqaluit, Nunavut X0A-0H0  (867) 975-6121  (867) 975-6169