Nunavut judge issues ultimatum to territorial government: fix courtroom security

The lack of adequate courtroom security at the Nunavut Court of Justice poses an occupational hazard to “all justice system participants and court personnel,” says Justice Robert Kilpatrick. (FILE PHOTO)

In an extraordinary statement made in court March 26, Justice Robert Kilpatrick, the senior judge of the Nunavut court, issued a stunning ultimatum to the Government of Nunavut: provide adequate security in his courtroom or by the morning of March 27, he may cancel proceedings in a manslaughter hearing.

“Enough is enough. Change is needed and it is overdue,” Kilpatrick said in court.

Kilpatrick had been presiding over a preliminary hearing for Colin Makpah, 27, who in August 2010 was charged with manslaughter, along with Abraham Nakoolak, in connection with the stabbing death of Donald James (D.J.) Gamble during a late-night altercation in Rankin Inlet.

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

He 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.

At the same time, the sheriff’s unit does not have the equipment and necessary training, Kilpatrick said.

“Once again, this is unacceptable,” Kilpatrick said.

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.

To that end, he said he met that morning with the Director of Court Services and the Director of Court Operations and that he will adjourn proceedings in the Makpah case until 9:30 a.m. March 27.

“If the problem has not been fixed at 9:30 a.m. tomorrow, it may well result in cancellation of the proceedings,” Kilpatrick said.

He then ordered that a transcript of his remarks be made and distributed to news organizations.

Transcript of Justice Kilpatrick’s remarks in Nunavut court March 26, 2012