Iqaluit man’s 2021 murder acquittal stands, Supreme Court rules

The Supreme Court of Canada ruled Thursday that an Iqaluit man who was set to be retried for murder will no longer face a new trial.

The ruling reinstates the 2021 acquittal of Daniel Hodgson, who was accused of second-degree murder in the 2017 death of Bradley Winsor at a house party in Apex.

Hodgson had put Winsor in a chokehold, believing he was going to hit a woman. Hodgson was acquitted after a trial in Iqaluit in May 2021.

Justice Susan Charlesworth cited in her decision to acquit that there was a lack of evidence that Hodgson intended to commit murder when he put Winsor in a chokehold.

The Crown appealed that decision, and in October 2022, a panel of Nunavut’s Court of Appeal judges ordered a new trial for Hodgson, stating Charlesworth did not fully assess Hodgson’s argument of self-defence and didn’t properly consider the dangers of a chokehold.

Two months later, Hodgson’s lawyers filed an appeal of the Court of Appeal decision to the Supreme Court, and in May 2023 the Supreme Court agreed to hear the case.

Hodgson’s lawyer, Michael Lacy, submitted to the Supreme Court during Thursday’s hearing that the acquittal was legal and should stand.

Crown lawyer Julie Laborde argued Charlesworth had not addressed the totality of Hodgson’s actions in her acquittal, failing to consider what a reasonable person would have done in the same circumstances.

She cited that Hodgson himself said he did not change the amount of force he was using in the duration of the chokehold. Laborde said Charlesworth failed to consider this admission in her ruling.

The Supreme Court justices pushed back on that submission, repeatedly asking the Crown to clarify where the trial judge had made a legal error in her decision that would constitute grounds for an appeal.

Justice Michelle O’Bonsawin said she was concerned the Crown’s submission was “going back into the shoes of the trial judge” by reconsidering the evidence, rather than pointing to an error of law.

The nine justices listened to arguments for roughly two hours before they left the courtroom to discuss the case in private for about 25 minutes.

In issuing the ruling, Chief Justice Richard Wagner said they all agreed Hodgson’s appeal should stand and his 2021 acquittal is reinstated.

The reasons for the decision will be published at a later date, according to the Supreme Court of Canada.