In the Court of Appeal of Nunavut Citation: R. v. Kritaqliluk, 2013 NUCA 01 Date: 20130109 Docket: 14-12-05 CAP Registry: Iqaluit Between: Her Majesty the Queen Respondent - and - Lesley Kritaqliluk Appellant _______________________________________________________ The Court: The Honourable Mr. Justice Jean Côté The Honourable Madam Justice Patricia Rowbotham The Honourable Mr. Justice Brian O’Ferrall _______________________________________________________ Memorandum of Judgment Delivered from the Bench Appeal from the Sentence by The Honourable Justice B. Tulloch

Dated the 17th day of April, 2012 _______________________________________________________ Memorandum of Judgment Delivered from the Bench _________________________________________________ (NOTE: This document may have been edited for publication) Côté J.A. (for the Court): [ 1 ] The Crown and Defence made a joint sentencing submission for a conditional sentence. Neither side suggested any search conditions, and the accused did not consent to any. But the sentencing judge imposed conditions 7 and 8 (as part of the probation order) as follows: 7.

You must give the RCMP at least 24 hours notice if you are accepting a package for the purposes of allowing them to search the package(s). 8. You must allow the RCMP access to your luggage at any time for the purpose of conducting a search for any drugs. [ 2 ] The Defence objected, but the sentencing judge did not delete or amend these conditions. Given the joint submission, and the lack of notice or consent, the appeal must be allowed. [ 3 ] The Court of Appeal has no power to send the matter back to the trial court to reconsider the point on the merits, and the Court of Appeal must make a final decision.

The Crown simply agrees that the two conditions should be deleted, and does not ask us to vary or reinstate them, nor to substitute other conditions. Conditions 7 and 8 are therefore permanently deleted. Appeal heard on September 26, 2012 Memorandum filed at Iqaluit, Nunavut This 9th day of January, 2013 Côté J.A. Appearances:

A. Porteous for the Respondent S.L. Wheildon for the Appellant