December 17, 2020
R v Nande and Brule 2020 NWTSC 52
The NWTSC dismissed the Crown’s application for a publication ban over the agreed statement of facts tendered as evidence in the sentencing of an accused who pled guilty to accessory after the fact to murder.
A co-accused was charged with murder and elected trial by jury. The Crown’s application was supported by the co-accused. The Crown and co-accused argued that measures to prevent jury bias such as a challenge for cause, change in venue, jury instructions, etc. were not appropriate alternatives given the small community in Yellowknife and the egregious and specific nature of the agreed facts of the murder.
The court dismissed the application.