Nunavut judge confirms murder charge for Iqaluit man

A trial date for a second-degree murder charge against Daniel Hodgson should be set in assignment court at the Nunavut Court of Justice on August 13. (FILE PHOTO)

A Nunavut judge confirmed a second-degree murder charge faced by Iqaluit man Daniel Hodgson, on June 28, at the close of a preliminary inquiry that spanned two days at the Nunavut Court of Justice.

Hodgson is charged with killing a 23-year-old man, Bradley Winsor, who police found unconscious in an Apex home on May 19 last year.

Preliminary inquiries are held so a court can decide if there is enough evidence in a case to proceed to a trial.

News organizations are not permitted to publish any evidence presented at a preliminary inquiry.

Now that the preliminary inquiry is over, a trial date will be set on August 13.

“It’s my decision today that there is some evidence upon which a reasonable jury properly instructed could convict on second-degree murder,” Justice Bonnie Tulloch said.

“Because there is some evidence, I am going to commit Mr. Hodgson with respect to second-degree murder,” Tulloch said, meaning she upholds the original charge.

During submissions at the end of the inquiry, Crown lawyers argued for a jury trial for second-degree murder, while defence lawyers argued for a charge of manslaughter and a trial heard by judge.

Manslaughter is unintentional killing that happens as the result of another unlawful act.

Second-degree murder is intentional killing that is not premeditated.

“The issue of intent is a complex issue,” Tulloch said. “This is a matter that has to be decided at trial.”

Hodgson is not in custody, and hasn’t been since he and his guarantors had bail set for $250,000 on July 27 last year. He is only allowed to leave his home for work.

Hodgson’s lawyer requested time later in July to discuss amendments to the bail conditions.

A handful of observers attended the inquiry, including the family of the deceased.

“I know this has been difficult for everyone involved,” Tulloch said.

The publication ban on evidence heard at the preliminary inquiry will expire after a trial ends.