R v Pameolik, 2020 NUCA 14

ᓄᓇᕘᒥ ᐅᓐᓂᓗᖅᓴᖅᑐᓄᑦ ᐃᖅᑲᖅᑐᐃᕕᒃ Nunavunmi Apiqhuidjutainut Uuktuffaarutit Nunavut Court of Appeal Cour d'appel du Nunavut Citation: R v Pameolik , 2020 NUCA 14 Date: 20201104 Docket: 14-19-003-CAP Between: Her Majesty the Queen Respondent - and - Edmund Pameolik Appellant _______________________________________________________ The Court: The Honourable Mr. Justice Thomas W. Wakeling The Honourable Madam Justice Ritu Khullar The Honourable Madam Justice Elizabeth Hughes _______________________________________________________ Supplementary Memorandum of Judgment Appeal from the Conviction by

The Honourable Mr. Justice Earl D. Johnson Dated the 7th day of March, 2019 ( Docket: 14-18-55) _______________________________________________________ Supplementary Memorandum of Judgment _______________________________________________________ The Court: [ 1 ] In a judgment filed on October 30, 2020, we quashed the conviction of Edmund Pameolik for a contravention of section 348(1) (

b) of the Criminal Code – break and enter, commit mischief. [1] [ 2 ] We expressly declined to review his breach-of-probation conviction – a contravention of

section 733.1 of the Criminal Code – as his counsel requested in his factum filed January 16, 2020. Mr. Pameolik had not appealed his conviction for breach of probation. [2] The notice of appeal Mr. Pameolik filed on July 24, 2019 appealed only the section 348(1) (

b) conviction. [ 3 ] Mr. Cowan, counsel for Mr. Pameolik on the appeal, informed us in a November 2, 2020 letter that our understanding of the record was incorrect and that Mr. Pameolik had filed on August 31, 2020, with the consent of the Crown, a revised notice of appeal, in which he appealed his breach-of-probation conviction. Given that the revised notice of appeal was not in the appeal book, the addendum appeal book, or the supplemental appeal book, and no mention was made of it when we heard the appeal on September 15, 2020, we were not aware of it. [ 4 ] We now address Mr.

Pameolik’s appeal against his breach-of-probation conviction following his guilty plea. [3] [ 5 ] There is no merit to this appeal. Mr. Pameolik, through his trial counsel, admitted facts that constitute a breach of

section 733.1 of the Criminal Code [4] and acknowledged the existence of the factors set out in

section 606 of the Criminal Code . [5] [ 6 ] We dismiss Mr. Pameolik’s appeal against his conviction for a contravention of

section 733.1 of the Criminal Code . Written submissions filed on November 2, 2020 Supplementary Memorandum of Judgment filed at Iqaluit, Nunavut this 4th day of November, 2020 Wakeling J.A. Authorized to sign for Khullar J.A.

Authorized to sign for Hughes J.A. Appearances: Shannon O’Connor for the Respondent Benson Cowan for the Appellant