Criminal Lawyers in Nunavut
Criminal lawyers in Nunavut defend charges laid under the federal Criminal Code and prosecuted by the Public Prosecution Service of Canada. This page explains how the Nunavut criminal courts work, what to expect after a charge, and how to find defence counsel in your area.
0 listings across Nunavut — featured lawyers appear first.
Find criminal lawyers in Nunavut
No listings in Nunavut yet
We’re expanding across Canada. In the meantime, browse Ontario lawyers.
Criminal Lawyers in Nunavut
Criminal lawyers in Nunavut appear in the Nunavut Court of Justice, a single-level trial court that hears everything from first appearances and bail hearings through to jury trials. Appeals are heard by the Court of Appeal of Nunavut.
Nunavut has Canada's only single-level trial court. The Nunavut Court of Justice combines the jurisdiction of a territorial court and a superior court in one body, so there is no separate provincial court and one judge can hear everything from a bail hearing to a jury trial. Judges fly on circuit to communities across the territory, and the Public Prosecution Service of Canada conducts the prosecutions.
Because criminal law is federal, the offences, defences and sentencing principles that apply in Nunavut are the same as everywhere else in Canada. What differs from one jurisdiction to another is the court structure, the prosecution service, the local practice directions and the provincial or territorial legislation that governs regulatory offences and driver licensing.
How the Nunavut criminal courts are structured
The Nunavut Court of Justice is the entry point for criminal matters in Nunavut. Bail hearings, first appearances, summary conviction trials and many indictable trials are heard there.
Because the Nunavut Court of Justice exercises both territorial and superior court jurisdiction, a single court hears everything from a bail hearing to a jury trial on a section 469 offence, and there is no separate provincial court level.
The Court of Appeal of Nunavut hears appeals from conviction, acquittal and sentence under Part XXI of the Criminal Code. A further appeal lies to the Supreme Court of Canada, with leave or as of right on a dissent on a question of law.
Legislation that applies in Nunavut
- Criminal Code, R.S.C. 1985, c. C-46
- The federal statute that defines almost every criminal offence in Canada and sets out bail, trial procedure, sentencing and appeal rules. Criminal law is a federal head of power under section 91(27) of the Constitution Act, 1867, so the same Criminal Code applies in every province and territory.
- Controlled Drugs and Substances Act
- The federal statute governing possession, trafficking, importing and production of controlled substances. These prosecutions are conducted by the Public Prosecution Service of Canada.
- Canadian Charter of Rights and Freedoms
- Sections 7 through 14 protect the rights engaged in every criminal case, including the right to counsel under section 10(b), the right to be secure against unreasonable search under section 8, and the right to trial within a reasonable time under section 11(b).
- Youth Criminal Justice Act
- Governs proceedings against anyone who was twelve to seventeen at the time of the alleged offence, with its own sentencing principles, privacy protections and diversion options.
What happens after a criminal charge in Nunavut
- 1
Arrest, release or bail
Police either release the accused on an undertaking or hold them for a bail hearing under section 515 of the Criminal Code. Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause, and R. v. Antic requires the court to consider the least onerous form of release first.
- 2
First appearance and disclosure
The first court date is administrative. Counsel obtains Crown disclosure, which includes the police notes, witness statements, video and any expert reports. Disclosure is a constitutional obligation under R. v. Stinchcombe and drives every decision that follows.
- 3
Crown resolution discussions
Counsel meets with the prosecutor to test the strength of the case, raise weaknesses, and explore resolutions such as diversion, a peace bond under section 810, a plea to a lesser offence, or withdrawal of the charge.
- 4
Election, pre-trial and Charter applications
For indictable offences the accused elects the mode of trial. A judicial pre-trial is held, and written notice of any Charter application under sections 8, 9, 10(b) or 11(b) must be filed within the timelines set by the court's practice direction.
- 5
Trial and sentencing
At trial the Crown must prove every element beyond a reasonable doubt. If there is a finding of guilt, sentencing follows the principles in sections 718 to 718.2 of the Criminal Code, including the requirement to consider the circumstances of Indigenous offenders under section 718.2(e).
Legal aid in Nunavut
Legal Services Board of Nunavut provides criminal defence representation to people who meet its financial eligibility and coverage criteria. Duty counsel are also available at the courthouse to assist with first appearances and bail hearings at no cost, whether or not you qualify for a certificate. Eligibility rules and coverage change, so confirm the current criteria directly with Legal Services Board of Nunavut.
Legal Services Board of Nunavut:
Frequently asked questions
- Which court will my criminal charge be heard in Nunavut?
- Almost every criminal charge in Nunavut starts in the Nunavut Court of Justice. The Nunavut Court of Justice exercises both territorial and superior court jurisdiction, so the same court hears summary trials and jury trials alike.
- Who prosecutes criminal charges in Nunavut?
- Criminal Code prosecutions in Nunavut are conducted by the Public Prosecution Service of Canada. Prosecutors are not the police and they exercise independent discretion over whether a charge proceeds, what resolution is acceptable, and what position to take on sentence.
- Can I get legal aid for a criminal charge in Nunavut?
- Legal Services Board of Nunavut may cover representation if you meet its financial eligibility and coverage criteria, which generally focus on income and on whether the charge carries a realistic likelihood of imprisonment. Duty counsel at the courthouse can assist with a first appearance or a bail hearing regardless of whether you have a certificate.
- How long does a criminal case take in Nunavut?
- It depends on the complexity of the charge and the local court's capacity. R. v. Jordan sets presumptive ceilings of eighteen months from charge to the end of trial in the provincial or territorial court, and thirty months where there is a preliminary inquiry or the trial is in the superior court. Delay beyond those ceilings is presumptively unreasonable and can support a stay under section 11(b) of the Charter.
- Do I need a lawyer who practises in Nunavut?
- Yes. While the Criminal Code is federal, counsel must be licensed to practise in Nunavut, and local knowledge of the courthouse, the assigned prosecutors and the local practice directions has a real effect on how a case is managed and resolved.
Courts, prosecutors and legislation referenced on this page
Criminal law practice areas
Criminal law is federal, so the practice areas below apply the same way in Nunavut as in the rest of Canada.
Criminal Defence Core
Procedural & Post-Conviction
Specialized Prosecutions