Court of Appeal

In the Court of Appeal for the Northwest Territories

Citation: R v Kuptana, 2018 NWTCA 9

Date: 2018 11 16

Docket: A-1-AP 2017 000 004

Registry: Yellowknife, N.W.T.

Between:

Her Majesty the Queen

Applicant

- and -

Matthew James Kuptana

Respondent

_______________________________________________________

The Court:

The Honourable Mr. Justice Peter Costigan

The Honourable Madam Justice Barbara Lea Veldhuis

The Honourable Mr. Justice Thomas W. Wakeling

_______________________________________________________

Memorandum of Judgment

Delivered from the Bench

Application to Dismiss for Want of Prosecution

_______________________________________________________

Memorandum of Judgment

_______________________________________________________

Wakeling J.A. (for the Court):

[1]               This sentence appeal is dismissed for want of prosecution.

[2]               Rule 48 of the Rules of the Court of Appeal for the Northwest Territories Respecting Civil Appeals,[1] in force as of August 1, 2018, applies because there is not a comparable provision in the Rules Respecting Criminal Appeals Under Sections 678-689 of the Criminal Code and Bail Rules on Appeals to the Court of Appeal for the Northwest Territories.[2]

[3]               Rule 48 states that “[a] panel of the Court may dismiss an appeal if it is satisfied that delay in advancing the appeal has resulted in significant prejudice to a party.”

[4]               Since filing his notice of appeal more than nineteen months ago – on March 17, 2017 – the appellant has failed to diligently prosecute his appeal. He failed to appear in criminal chambers on June 4 and August 10, 2018 to address this matter.

[5]               The Crown served its notice of motion on the appellant. He did not appear.

[6]               We are satisfied that this delay constitutes a “significant prejudice” to the Crown.

[7]               It has to devote resources to monitor the progress of this appeal. These are scarce resources and can be put to better use.

[8]               The principle of finality dictates that sentence appeals be processed in a timely manner.[3] It has not been. The appellant has now served his sentence and this appeal is moot.

[9]               This appeal is dismissed.

Application heard on October 23, 2018

Memorandum filed at Yellowknife, N.W.T.

this                   day of November, 2018

Wakeling J.A.

Appearances:

B. Green

            for the Applicant

Respondent, self-represented

            (no appearance)

A-1-AP 2017 000 004

IN THE COURT OF APPEAL

OF THE NORTHWEST TERRITORIES

Between:

                                                             Her Majesty the Queen

                                                             - and -

Matthew James Kuptana

MEMORANDUM OF JUDGMENT