Application for review — Nunavut
573.1 (1) An application for review may be made by the Attorney General or the accused, or by any person directly affected by the decision or order, to a judge of the Court of Appeal of Nunavut in respect of a decision or order of a judge of the Nunavut Court of Justice
(a) relating to a warrant or summons;
(b) relating to the conduct of a preliminary inquiry, including an order under subsection 548(1);
(c) relating to a subpoena;
(d) relating to the publication or broadcasting of information or access to the court room for all or part of the proceedings;
(e) to refuse to quash an information or indictment; or
(f) relating to the detention, disposal or forfeiture of any thing seized under a warrant or order.
Marginal note:Limitation
(2) A decision or order may not be reviewed under this section if
(a) the decision or order is of a kind that could only be made in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or
(b) another statutory right of review is available.
Grounds of review
(3) The judge of the Court of Appeal of Nunavut may grant relief under subsection (4) only if the judge is satisfied that
(a) in the case of any decision or order mentioned in subsection (1),
(i) the judge of the Nunavut Court of Justice failed to observe a principle of natural justice or failed or refused to exercise the judge’s jurisdiction, or
(ii) the decision or order was made as a result of an irrelevant consideration or for an improper purpose;
(b) in the case of a decision or order mentioned in paragraph (1)(a), that
(i) the judge failed to comply with a statutory requirement for the making of the decision or order,
(ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met,
(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts,
(iv) the warrant is so vague or lacking in particularity that it authorizes an unreasonable search, or
(v) the warrant lacks a material term or condition that is required by law;
(c) in the case of a decision or order mentioned in paragraph (1)(b), that the judge of the Nunavut Court of Justice
(i) failed to follow a mandatory provision of this Act relating to the conduct of a preliminary inquiry,
(ii) ordered the accused to stand trial when there was no evidence adduced on which a properly instructed jury acting reasonably could convict, or
(iii) discharged the accused when there was some evidence adduced on which a properly instructed jury acting reasonably could convict;
(d) in the case of a decision or order mentioned in paragraph (1)(c) or (d), that the judge of the Nunavut Court of Justice erred in law;
(e) in the case of a decision or order mentioned in paragraph (1)(e), that
(i) the information or indictment failed to give the accused notice of the charge,
(ii) the judge of the Nunavut Court of Justice did not have jurisdiction to try the offence, or
(iii) the provision creating the offence alleged to have been committed by the accused is unconstitutional; or
(f) in the case of a decision or order mentioned in paragraph (1)(f), that
(i) the judge failed to comply with a statutory requirement for the making of the decision or order,
(ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met, or
(iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts.
Powers of judge
(4) On the hearing of the application for review, the judge of the Court of Appeal of Nunavut may do one or more of the following:
(a) order a judge of the Nunavut Court of Justice to do any act or thing that the judge or any other judge of that court failed or refused to do or has delayed in doing;
(b) prohibit or restrain a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(c) declare invalid or unlawful, quash or set aside, in whole or in part, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(d) refer back for determination in accordance with any directions that the judge considers to be appropriate, a decision, order or proceeding of a judge of the Nunavut Court of Justice;
(e) grant any remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms;
(f) refuse to grant any relief if the judge is of the opinion that no substantial wrong or miscarriage of justice has occurred or that the subject-matter of the application should be determined at trial or on appeal; and
(g) dismiss the application.
Interim orders
(5) If an application for review is made, a judge of the Court of Appeal of Nunavut may make any interim order that the judge considers appropriate pending the final disposition of the application for review.
Rules
(6) A person who proposes to make an application for review shall do so in the manner and within the period that may be directed by rules of court, except that a judge of the Court of Appeal of Nunavut may at any time extend any period specified in the rules.
Appeal
(7) An appeal lies to the Court of Appeal of Nunavut against a decision or order made under subsection (4). The provisions of Part XXI apply, with any modifications that the circumstances require, to the appeal.
