Nunavut court hearing resumes under tight security

Heightened security was in place at the Nunavut Justice centre in Iqaluit, allowing a preliminary inquiry into a 2010 manslaughter charge to proceed. (PHOTO BY JANE GEORGE)

On the morning of March 27 heightened security was in place at the Nunavut Court of Justice building in Iqaluit, allowing a preliminary inquiry into a 2010 manslaughter charge to proceed.

That’s after Justice Robert Kilpatrick, the senior judge of the Nunavut court, issued an ultimatum to the Government of Nunavut: provide adequate security in the courtroom or by 9:30 a.m. March 27, or he would cancel a preliminary inquiry into manslaughter charges against Colin Makpah of Rankin Inlet.

Kilpatrick said the lack of adequate courtroom security at the Nunavut Court of Justice poses an occupational hazard to “all justice system participants and court personnel.”

On March 27, the hearing resumed — with a different presiding judge, Justice Andrew Mahar.

And as participants and observers entered Mahar’s courtroom March 27, a sheriff ran a yellow and black metal-screening wand over lawyers, reporters and the family members of Donald James (D.J.) Gamble, who died after a late-night altercation in Rankin Inlet in August 2010.

Makpah, 27, and another Rankin Inlet man, Abraham Nakoolak, 27, were each charged with manslaughter following Gamble’s death.

Parkas, backpacks and handbags were taken and put into a locked room close to the courtroom.

These security measures followed a March 26 court order signed by Mahar.

Pasted to the door of Courtroom Three, the order said “to better safeguard public safety and good order during this proceeding, this court does order and direct that all members of the public seeking to enter this courtroom be subject to search by the sheriff or by peace officers under his direction.”

In the courtroom were members of Gamble’s family, his father, D. John Gamble, his mother, Angela Anawak-Gamble, aunt Susan Swartz, and Annie Curley.

The Gambles and Swartz displayed photos of D.J., which said “D.J. we love you.”

A burly court worker sat on the bench next to them.

An RCMP officer stood by the door while a second RCMP officer ushered Makpah, 27, through the front entrance to the courtroom past benches where Gamble’s family members sat.

The young, bearded man was dressed in a blue hooded sweatshirt and plaid parka, and was not wearing handcuffs.

He stood near the entrance to an area of the courtroom reserved for the members of the court, before entering and taking a seat in a chair to the far left, where he would have been able to see his late friend’s family members.

Mahar, in his opening remarks, thanked the RCMP and other security officers for coming in, saying that, at least for “today,” security was adequate.

The court would take the security issue “day by day,” Mahar said.

Mahar said photos held by Gamble’s parents could remain, even if they were to be called as witnesses, and that their photos could also remain unless they interfered with court proceedings.

Then, Mahar opened the preliminary hearing into the charges against Makpah, three counts, one of manslaughter and two for breaches of probation.

The purpose of a preliminary hearing is to decide whether there is sufficient evidence to justify sending an accused person to trial.

But evidence given at preliminary hearings may not be published or broadcast.

On the morning of March 26, Kilpatrick halted proceedings on the grounds that Gamble’s family were not adequately protected in the courtroom.

“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,” Kilpatrick said.

The judge said the government has a constitutional obligation to ensure Nunavut’s only trial court gets adequate resources.

Kilpatrick also said the lack of adequate courtroom security poses an occupational hazard to “all justice system participants and court personnel.”

And he said “no other court in the country is required to sit without an adequate level of protection…”

Kirkpatrick said the RCMP does not have the resources to provide security at the Makpah proceeding and that they’re not legally obliged to do so.

He said in court that in November 2010, the GN “was put on notice by the Senior Judge [Kilpatrick] that the situation was urgent and change was needed.”

But nothing, so far, has been done, he said.

The GN Department of Justice has yet to respond to a request for an interview with a department spokesperson.