In the Court of Appeal of Nunavut Citation: R. v. Keenainak, 2011 NUCA 05 Date: 20110921 Docket: 10-11-003 CAP Registry: Iqaluit Between: Her Majesty the Queen Respondent - and - Patrick Keenainak Appellant _______________________________________________________ The Court: The Honourable Mr. Justice Frans Slatter The Honourable Mr. Justice L.F. Gower The Honourable Mr. Justice J.D. Bruce McDonald _______________________________________________________ Memorandum of Judgment Delivered from the Bench Appeal from the Conviction and Sentence by

The Honourable Mr. Justice J. Poupore Dated the 1st day of September, 2010 (Docket: 10-09-29-1) _______________________________________________________ Memorandum of Judgment Delivered from the Bench _______________________________________________________ Slatter J.A. (for the Court): [ 1 ] The trial judge convicted the appellant of sexual assault, despite the appellant’s testimony that no sexual activity took place. [ 2 ] The trial judge’s reasons were: I found the evidence of the complainant to be compelling and I believe that.

In saying that, I do not believe the evidence of the accused nor am I satisfied on that evidence of the accused that any doubt has been raised in the mind of the court. On this appeal the Crown concedes that these reasons are insufficient to permit meaningful appellate review, and may reflect an implied shifting of the burden of proof. [ 3 ] Based on the concession of the Crown, the appeal is allowed, and a new trial is ordered. Appeal heard on September 21, 2011 Memorandum filed at Iqaluit, Nunavut this 21st day of September, 2011 Slatter, J.A.

Appearances: J. Gevikoglu for the Respondent S. Cowan for the Appellant