Nunavut court: RCMP go AWOL, judge dismisses drug case for lack of evidence

Robert Gordon Kipanik, 26, walked away from a charge of possession of marijuana for the purpose of trafficking Sept. 10 after RCMP members failed to verify the drug in question is marijuana and failed to appear in court for his trial. (FILE PHOTO)

A Nunavut judge on Sept. 10 dismissed charges against an Iqaluit man, including possession of an illegal substance for the purpose of trafficking, because RCMP failed to appear at the Nunavut Court of Justice in Iqaluit and failed to verify the Crown’s evidence.

Robert Gordon Kipanik, 26, had been charged with possession of marijuana for the purpose of trafficking and of possessing property obtained by crime, related to incidents alleged to have occurred earlier this year on Jan. 22.

Crown prosecutor Paul Bychok told Justice Sue Cooper on the first day of what was supposed to be Kipanik’s trial that the Crown had filed two requests with the RCMP earlier this year.

One request sought a certificate of analysis, proving the drug in question is marijuana.

The second request was a Law Enforcement Notice that legally required two RCMP members to testify Sept. 10 at the trial.

But Bychok said the RCMP did not provide either document.

Bychok did not receive a certificate of analysis, and Const. Jason Laskowski and Cpl. Kent McEachern of the Iqaluit detachment each failed to appear in court to testify.

“The Crown has no evidence,” Bychok said in court.

As a result, Cooper dismissed the charges.

Kipanik, who held a baseball cap in his hand, stood beside defence lawyer Joseph Murdoch-Flowers when Cooper dismissed the case.

“Is that it?” Kipanik asked.

“Yes, you’re free to go,” Cooper said.