Court File #: 18-10-131 18-10-140 IN THE NUNAVUT COURT OF JUSTICE IN THE MATTER OF:

HER MAJESTY THE QUEEN

- and -

COLIN MAKPAH Accused

-----------------------------------------------------------Excerpt of Trial taken in the Nunavut Court of Justice before the Honourable Mr. Justice Kilpatrick at Iqaluit, in the Nunavut Territory, on the 26th day of March, 2012 -----------------------------------------------------------A P P E A R A N C E S:

C. Punter, Esq.: J. Marin, Esq. S. Kert, Ms.: T. Fairchild, Ms.

Appearing for the Crown

Appearing for the Accused

____________________________________________________________

Charged under s. 236(b) and s. 733.1(1) x2 of the Criminal Code of Canada

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

-- Upon the Court commencing: THE COURT: The Nunavut Court of Justice must This is often conduct proceedings without an adequate level of security inside the courtroom. unacceptable. No other court in the country is

required to sit without an adequate level of protection for justice system participants, court personnel, and judiciary. Government has a constitutional obligation to ensure that this court, Nunavut's only trial court, is adequately resourced. No other need is more basic than the need for a visible security presence to address real or potential threats to public order and personal security. The courtroom, of course, is often a difficult and a volatile environment. This is particularly true in proceedings involving homicides where the family of the deceased can be expected to attend. The absence of any real protection inside the courtroom exposes all justice system participants and court personnel to an obvious and very real occupational hazard. I am advised that the RCMP are not able to provide for a security presence at this proceeding. They are under no legal obligation to do so. Services lacks the equipment and the training necessary to provide adequate in-court security. Sheriff

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Once again this is unacceptable. The government was put on notice by the Senior Judge in November of 2010 that the situation was urgent and change was needed. nothing has been done. To this point This court is not prepared to

let this proceeding continue in the absence of an adequate security presence. I have met this morning with the Director of Court Services and the Director of Court Operations. tomorrow. I am adjourning this proceeding to 9:30 If the problem has not been fixed at 9:30 Enough is enough. Change is needed and

tomorrow, it may well result in cancellation of the proceedings. it is overdue. I order an immediate transcript of my comments this morning and that is to be released to the media. --------------------------------------------------------EXCERPT CONCLUDED ---------------------------------------------------------

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

This is to certify that the foregoing is a true and accurate transcript of my shorthand notes and/or recordings to the best of my skill and ability.

Linda Kimball, CSR(A) Official Court Reporter March 26, 2012