Case information
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40761
Noel Avadluk v. His Majesty the King
(Northwest Territories) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for the Northwest Territories, Number A1-AP-2014-000011, 2023 NWTCA 3, dated April 27, 2023, is dismissed. Dismissed |
|
| 2023-08-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-20 | Certificate (on limitations to public access), 23B | Noel Avadluk |
| 2023-07-19 | Applicant's reply to respondent's argument, (Book Form), Missing: Proof of service, Completed on: 2023-08-03 | Noel Avadluk |
| 2023-07-18 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version due on 2023-07-25) | His Majesty the King |
| 2023-07-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-07-19, (Printed version filed on 2023-07-18) | His Majesty the King |
| 2023-06-02 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-06-02 | |
| 2023-06-01 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-06-02) | Noel Avadluk |
| 2023-06-01 |
Certificate (on limitations to public access), (Letter Form), PUB BAN 23A, (Printed version filed on 2023-06-02) |
Noel Avadluk |
| 2023-06-01 | Application for leave to appeal, (Book Form), PUB BAN, Completed on: 2023-07-19, (Printed version filed on 2023-06-02) | Noel Avadluk |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Avadluk, Noel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Avadluk, Noel
Counsel
4915-48th St., PO Box 1320
Yellowknife, Northwest Territories
X1A 2L9
Telephone: (416) 893-6148
Email: ryan@ryanclements.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: His Majesty the King
Counsel
5101 50th Avenue, 4th Floor Greenstone Building
PO Box 8
Yellowknife, Northwest Territories
X1A 2N1
Telephone: (867) 669-6957
Email: brendan.green@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: Francois.Lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Jury trial — Inconsistent verdicts — Charge to jury — Sexual assault — Intoxication — Consent — Overcoming resistance — Whether Court of Appeal erred in its review of inconsistent verdicts by applying an emergent and categorical approach — Whether failure to answer jury’s question and instruct on alcohol intoxication and consent occasioned a miscarriage of justice?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN IN CASE)
The complainant testified that, after an evening together drinking, Mr. Avadluk sexually assaulted her in a bathroom and then in a bedroom. During the sexual assaults, he covered her nose and mouth with his hand, causing her to pass out. Mr. Avadluk testified to consensual sexual intercourse. During deliberations, the jury asked: “What is the law regarding alcohol intoxication and consent?” The trial judge did not give further instructions and asked the jury to be more specific. The jury did not ask any further questions. Mr. Avadluk was convicted for sexual assault and acquitted of attempting suffocation to overcome resistance for the purpose of committing sexual assault. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of the Northwest Territories
S-1-CR-2012 000093
Conviction by jury for sexual assault; acquittal on count of overcoming resistance to commission of an offence
Court of Appeal for the Northwest Territories
2023 NWTCA 3, A1-AP-2014-000011
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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