Court of Appeal No: 07-19-002-CAS IN THE NUNAVUT COURT OF APPEAL BETWEEN: HER MAJESTY THE QUEEN Appellant/Respondent on Application -and- MICHAEL IRNGAUT Respondent/Applicant on Application NOTICE OF APPLICATION TO STRIKE THE GOVERNMENT OF NUNAVUT’S NOTICE OF APPEAL TAKE NOTICE THAT the Applicant, MICHAEL IRNGAUT will bring an application on a date to be determined by the Court, at the Nunavut Court of Appeal, in Iqaluit, Nunavut, for an order granting the following relief: 1. An Order Striking the Government of Nunavut's Notice of Appeal in respect of this matter; ‘An Order declaring the proceedings in this matter void; and 3. Such further and other relief as counsel may request and this Honourable Court may permit. THE COURT'S JURISDICTION TO HEAR THIS APPLICATION AND TO GRANT THE RELIEF SOUGHT IS:1. The Criminal Code of Canada, RSC 1985, ¢ C-46. 2. The Rules of the Nunavut Court of Appeal THE GROUNDS AND FACTUAL BACKGROUND FOR THIS APPLICATION ARE AS FOLLOWS: 1. The Applicant was charged in February 2015 with unlawful harvesting of a caribou and possession of an unlawfully harvested caribou hide contrary to sections 69 and 85(1) of the Wildlife Act, SNu 2003 c. 26 2. On June 18 2018, the Applicant was tried before Chief Justice Sharkey of the Nunavut Court of Justice. The case was prosecuted on behalf of the Crown by counsel with the Public Prosecution Service of Canada. 3. On 14 March 2019, the Applicant was acquitted of both counts. 4, On April 5 2019 the Director of Legal and Constitutional Law of the Government of Nunavut filed an appeal of the acquittal No appeal has been filed by the Public Prosecution Service of Canada. 6. The public prosecution of criminal and quasi-criminal offences is within the exclusive purview of the Crown 7. There is no Crown in Right of the Territory of Nunavut. The Department of Justice Act, RSNWT, 1988, c 97 gives the Attorney General of Nunavut the right to represent Government of Nunavut in litigation but it does not give the Attorney General the right to represent the Crown in litigation 9. The Crown in Right of Canada is the only Crown in Nunavut. 10. Pursuant to the common law, the Constitution Act, 1867 (UK), 30 & 31 Viet, ¢ 3 and the Criminal Code, RSC 1985, c C-46, the Attorney General of Canada represents the Crown in relation to the prosecution of territorial offences in Nunavut. 11. The Director of Public Prosecutions Act, RSC 2006, c. 9, s 121 delegates the Attorney General of Canada’s right to prosecute alll offences within in his or her jurisdiction to the Director of Public Prosecutions.12. There is no evidence that Government of Nunavut is a duly authorized agent of the Director of Public Prosecutions as per sections 7 and 9 of the Director of Public Prosecutions Act. 13. There is no evidence that the Attorney General of Canada invoked its powers under section 15 of the DPPA to assume conduct of the prosecution and delegate it to the Government of Nunavut. 14, The Government of Nunavut has no standing to appeal the Appellant's acquittals. 15. This Honourable Court does not have the jurisdiction to hear this appeal. 16. The Applicant hereby brings a motion to strike the Appellant's Notice of Appeal and declare the proceedings void. IN SUPPORT OF THE APPLICATION THE APPLICANT RELIES UPON: The Applicant's Notice of Appeal; Criminal Code, RSC 1985, ¢ C-46; Constitution Act, 1867 (UK), 30 & 31 Viet, ¢ 3; Nunavut Act, SC 1993, c 28; Department of Justice Act, RSNWT, 1988, c 97; Director of Public Prosecutions Act, SC 2006, c 9, s 121; The Applicant's Factum; and Such further and other submissions as counsel may advise and this Honourable Court may permit. PAN SBABN A THE RELIEF SOUGHT: 1, An Order striking the Crown's Notice of Application in this case; ‘An Order declaring these proceedings void; Such further and other relief as this Honourable Court may deem fit and just after hearing the full application THE ESTIMATED AMOUNT OF TIME REQUIRED BY THE APPLICANT TO MAKE. THE APPLICATION: It is estimated that this application will take 60 minutes.THE APPLICANT MAY BE SERVED WITH MATERIALS RELEVANT TO THIS MOTION: Through Counsel to the Applicant, Benson Cowan, clo Maliganik Tukisiniarvik Legal Services, P.O. Box 29, 1104-B Inuksugait Plaza, Iqaluit, Nunavut, XOA OHO, Tel: (867) 645-2536, Fax: (867) 975-2323, Email: benson.cowan@nuleqalaid.com DATED AT THE HAMLET OF RANKIN INLET THIS 1st DAY of October, 2019. He Benson Cowan Barrister & Solicitor, (2019-004) P.O. Box 29 Iqaluit, Nunavut XOA oHO Tel.: (867) 645-2536 Fax : (867) 979-2323 E :benson,cowan@nulegalaid.com Counsel for the Respondent/Applicant Adrienne Silk (2010-069) Director of Legal and Constitutional Law, Department of Justice Government of Nunavut First Floor, Sivummut Building (#1107) P.O, Box 1000, Station 540 Iqaluit, NU, XOA OHO Tel: (867) 975-6172 Fax; (867) 975-6349 Counsel for the AppellantRespondent on Application Via Email: asilk@nu.gov.ca ANDTO: Nunavut Court of Appeal Court of Appeal Registry Building 510Iqaluit, NU. X0A OHO Via Email: nej.civil@gov.nu.ca Court of Appeal No. 07-19-002-CAS NUNAVUT COURT OF JUSTICE BETWEEN: HER MAJESTY THE QUEEN Appellant/Respondent on Application -and- MICHAEL IRNGAUT Respondent/Applicant on Application NOTICE OF APPLICATION TO STRIKE THE GOVERNMENT OF NUNAVUT'S. NOTICE OF APPEAL Benson Cowan Roll#: 2019-004 Maliganik Tukisiniarkvik Legal Services P.O. Box 29 1104-B Inuksugait Plaza Iqaluit, Nunavut X0A OHO Telephone: 867-645-2536 Fax: 867-975-2323, Email: benson.cowan@nulegalaid.com