Nunavut man charged in March RCMP shooting denied bail

Nunavut’s chief Justice of the Peace, Nicole Simka, denied bail April 10 to David Lyta of Kimmirut, who faces firearms charges in relation to a March 18 incident in which the homes of two RCMP were shot at. (PHOTO BY JANE GEORGE)

The Nunavut man accused of shooting at the homes of two sleeping RCMP members March 18 in Kimmirut will remain in custody until his case is dealt with in court, a justice of the peace ruled April 10 in Iqaluit.

“The administration of justice is for me a real concern,” said Nunavut’s chief justice of the peace, Nicole Sikma, at the Nunavut Court of Justice in Iqaluit April 10, as she denied bail to David Lyta, 22, of Kimmirut.

Lyta, a slim, clean-shaven young man with traces of teenaged acne, dressed in a blue sweatshirt, appeared in court a second time for his show cause hearing.

Lyta faces two counts of intentionally discharging a firearm, contrary to Sect. 244.2 (1) of the Criminal Code, which refers to anyone who intentionally discharges a firearm into or at a place, “knowing that or being reckless as to whether another person is present in the place.”

A bail hearing is often called a “show cause” hearing, since the Crown attempts to persuade the court, or “show cause,” for why an accused person should be detained in custody until trial.

In this case, the burden was shifted due to the nature of the charges, and Lyta, through his lawyer, Norman Boose, had to show cause why he was entitled to release from detention.

Crown prosecutor Doug Garson argued that Lyta should be refused bail on the basis of two out of the three grounds that usually decide whether an accused person is denied bail.

Garson cited concerns over the maintenance of public safety if Lyta were freed and the need to maintain the administration of justice, which could be compromised by his release back to Kimmirut.

Garson handed Nunavut’s chief Justice of the Peace, Nicole Sikma, several previous judgments, including one by Nunavut’s chief justice Robert Kilpatrick, who said “the RCMP in Nunavut are under siege” and that there are “many instances of extreme violence.”

Garson said denying bail to Lyta would be necessary so “people have faith in justice.”

Lyta’s defence lawyer Boose had previously asked for an adjournment on March 23 to prepare his defence for Lyta and again on March 30.

On April 10 Boose cited cases involving the Charter of Rights that stress the right of an accused person to be presumed innocent until found guilty.

And bail cases are supposed to be determined on a case-by-case basis, Boose said.

He cited previous judgments in which even convicted killers had been granted bail while they appealed their convictions.

Following about an hour’s worth of arguments, Sikma took several minutes before delivering her judgment, at one point clasping her hands together.

Then, Sikma addressed herself directly to Lyta, saying the maintenance of justice “is an issue” and, for that reason, she would deny him bail.

Lyta will return to court May 8.

A court order bans the publication of all evidence in the case that lawyers presented at the 90-minute hearing.

If convicted, Lyta faces a mandatory minimum sentence of four years in prison.

Two days after the shooting incident in Kimmirut, an Igloolik man died after a March 20 confrontation with a Nunavut RCMP member.

The RCMP handed the investigation of the March 20 shooting to the Ottawa Police Service and the RCMP’s G Division in the Northwest Territories.

The investigators have not yet issued a report on their findings.