Nunavut Criminal Law — Arrested or Charged? Free Legal Information

Criminal Law in Nunavut — what to do right now

Do two things right now. First: say nothing to the police beyond identifying yourself. Under section 10(b) of the Canadian Charter of Rights and Freedoms you have the right to retain and instruct counsel without delay and to be told of that right — ask to speak to a lawyer and stop talking until you have. You are entitled to an interpreter, including in Inuktitut or Inuinnaqtun, at every stage. Second: count the clock. If you are held in custody, the police must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). In the smaller communities a justice of the peace or a judge appears by phone or video, or your matter waits for the next sitting of the fly-in circuit court. That first bail hearing is where your release is decided, so getting clear information before it happens is everything.

The law in Nunavut: Criminal Law

In Canada, criminal law is federal: the Criminal Code of Canada (RSC 1985, c. C-46), the Controlled Drugs and Substances Act and a handful of other federal statutes define the offences and the penalties, and they are identical whether you are in Iqaluit, Rankin Inlet, Cambridge Bay or anywhere else in the country. What is different in Nunavut is the machinery that applies that federal law — and Nunavut's machinery is genuinely unlike any province's.

Two features set Nunavut apart. The first is the court. The Nunavut Court of Justice, created on 1 April 1999 when the territory itself was created, is the only unified, single-level trial court in Canada. Everywhere else there are two trial courts — a provincial or territorial court for the less serious matters and a superior court for the rest. Nunavut collapsed both into one. The same judge of the Nunavut Court of Justice can hear everything from a minor summary matter to a serious jury trial; there is no separate "Territorial Court" and no separate "Supreme Court" to be moved between. Above it sits only the Court of Appeal of Nunavut, and then the Supreme Court of Canada. The second feature is the prosecutor. In the three territories — Nunavut, the Northwest Territories and Yukon — there is no territorial Crown attorney. The federal Public Prosecution Service of Canada (PPSC), through its regional office in Iqaluit, prosecutes all Criminal Code offences as well as drug, cannabis and youth charges. So in Nunavut the person across the courtroom from you is a federal prosecutor, not a territorial one.

A third reality shapes every case: geography. Most of Nunavut's roughly 25 serviced communities are reachable only by air, so the court comes to the people. The fly-in circuit court travels with a judge, clerk, court reporter, a federal prosecutor and at least one defence lawyer, sitting in community halls and school gyms, with Inuktitut and Inuinnaqtun interpretation provided throughout — essential in a territory whose population is overwhelmingly Inuit. How often the circuit reaches your community, and the bail and interpreter arrangements in the meantime, can directly affect your timeline.

The single most consequential early decision is usually not yours but the prosecutor's. A great many Criminal Code offences are "hybrid" (also called dual-procedure) — the same conduct can be prosecuted either by summary conviction or by indictment, and the PPSC elects which. That choice drives the maximum penalty, your trial options and even the immigration stakes. Bill C-75, in force since 2019, reshaped this landscape: it converted many straight-indictable offences into hybrids and standardised the default maximum for most summary offences at two years less a day (Criminal Code s.787 still sets the general summary default at a $5,000 fine and/or up to two years less a day, but many offences now carry their own higher summary maximum). Bail follows the "ladder principle" the Supreme Court set out in R. v. Antic and the Code's release framework (s.515): the default is release on the least onerous conditions, and detention has to be justified by the prosecutor on the primary (attendance), secondary (public safety) or tertiary (public confidence) grounds — except for "reverse onus" charges where the accused must show why they should be released. Delay matters too: under R. v. Jordan (2016) a case is presumptively too slow if it takes more than 18 months in a provincial/territorial court, or 30 months in a superior court, from charge to the end of trial. Because the Nunavut Court of Justice is both at once, the applicable ceiling depends on how the matter is being tried — and unreasonable delay can mean the charges are stayed. Understanding which of these gears is turning in your case is exactly what a free call can clarify — this is legal information to help you act, not legal advice, and it creates no lawyer-client relationship.

Key Legislation

Criminal Code of Canada (RSC 1985, c. C-46) — FEDERAL: defines offences, penalties, bail and procedure uniformly across every province and territory
Charter s.10(b) — right on arrest to retain and instruct counsel without delay, and to be told of that right (with Inuktitut / Inuinnaqtun interpretation available)
Criminal Code s.503 — police must bring a detained person before a justice without unreasonable delay, within 24 hours if one is available
Criminal Code s.515 — judicial interim release (bail): the ladder principle, release on least onerous conditions, reverse-onus exceptions
Bill C-75 (in force 2019) — hybridised many offences and standardised most summary maximums at two years less a day

Courts & Agencies

Nunavut Court of Justice — Canada's ONLY unified, single-level trial court (since 1 April 1999): one judge hears everything from summary matters to jury trials; no separate territorial/superior split
Court of Appeal of Nunavut — the appellate court above the Court of Justice; appeals beyond it go to the Supreme Court of Canada
Public Prosecution Service of Canada (PPSC), Iqaluit regional office — the FEDERAL prosecutor that prosecutes ALL Criminal Code offences in Nunavut (there is no territorial Crown)
The fly-in circuit court — travels to ~25 communities reachable mainly by air, with Inuktitut / Inuinnaqtun interpretation throughout
Parole Board of Canada — decides record suspensions (pardons) under the Criminal Records Act

Penalties & Deadlines

Summary conviction default (s.787) — up to a $5,000 fine and/or two years less a day in jail, unless the offence sets a higher maximum
Indictable offences — maximums vary widely: some 2, 5, 10 or 14 years, some carry life imprisonment
Impaired driving / 'over 80' (s.320.14) — first offence: minimum $1,000 fine and a one-year driving prohibition; up to 10 years if prosecuted by indictment
R. v. Jordan ceilings — 18 or 30 months from charge to end of trial, depending on how the matter is tried in the unified Court of Justice
Record suspension waiting period (Criminal Records Act s.4) — 5 years after sentence completion for a summary offence, 10 years for an indictable one

An impaired-driving charge is now 'serious criminality' — and that can hit your immigration status

This is the trap most people never see coming. Since the December 2018 reforms, impaired driving and "over 80" carry a maximum of 10 years' imprisonment when the Crown proceeds by indictment (Criminal Code s.320.19). Under the Immigration and Refugee Protection Act (IRPA s.36), an offence with a maximum of 10 years or more is "serious criminality" — and inadmissibility turns on that maximum, not on the sentence you actually receive. So a permanent resident who pleads to a first-offence impaired charge and gets only the $1,000 minimum fine can still face the same immigration consequences as someone sent to jail, and "deemed rehabilitation" is not available. If you are not a citizen, the criminal and immigration sides of your case have to be handled together from the very first appearance — not after a plea. Get clear information before you decide anything.

Likely outcomes & penalties

Every case turns on the charge, the record and how the prosecutor elects — but here is the realistic range of where Nunavut criminal matters land, so the outcomes stop being a mystery.

Diversion or withdrawal

For lower-level, first-time matters the prosecutor may agree to diversion — often through a community justice committee — and then withdraw the charge, leaving you with no criminal record. Community justice and elders' input are a real part of the Nunavut system.

Discharge — no record of conviction

Under Criminal Code s.730 a court can grant an absolute or conditional discharge: you are found guilty but no conviction is registered, so there is no criminal record once the conditions are met (not available where a minimum penalty applies).

Conditional sentence or probation

Many cases resolve with a suspended sentence and probation, a fine, or a conditional sentence of imprisonment served in the community rather than in jail, often with conditions like counselling or no-contact orders.

Custody for serious indictable offences

Serious or repeat indictable matters can mean a jail or penitentiary term (a sentence of two years or more is served federally, outside the territory), with the maximum set by the specific offence — up to and including life imprisonment for the gravest crimes.

Mistakes to avoid

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Talking to the police "to clear things up" before getting legal advice — under Charter s.10(b) you can ask for a lawyer the moment you are detained, and anything you say in those first hours is exactly what gets used against you. Ask for an interpreter if you are more comfortable in Inuktitut or Inuinnaqtun.

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Treating the bail hearing as a formality — release is decided there under the s.515 ladder, and walking in without understanding the grounds (or, on a reverse-onus charge, that the burden is on you) can mean unnecessary detention until the next circuit sitting.

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Not realising your charge is "hybrid" — when the PPSC can elect summary or indictable, that single choice changes your maximum penalty, your trial options and your immigration exposure, so it has to be understood early.

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Pleading guilty to "just get it over with" before the circuit court leaves town — a s.730 absolute or conditional discharge can leave you with no conviction, but only if it is raised and argued before you plead.

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Ignoring the immigration angle as a non-citizen — under IRPA s.36 inadmissibility depends on the offence's maximum sentence, not the one you receive, so an impaired-driving or other 10-year-maximum charge can threaten your status even with a small fine.

How it works

Call the hotline — free, and live now for Nunavut. No web form, no income test, no waiting for business hours. Call the moment you can, whether the arrest was an hour ago or you are trying to understand a charge before the circuit court returns to your community.

Talk it through with an AI assistant trained on Canadian criminal law. Explain what happened. The assistant walks you through your s.503 bail clock, whether your charge looks summary, indictable or hybrid, how the s.515 bail ladder applies, how the unified Court of Justice and the circuit court work, and any immigration exposure — clear legal information, not legal advice, creating no lawyer-client relationship.

Connect with a Nunavut criminal lawyer — coming soon. A paid consultation with a Nunavut-licensed criminal defence lawyer isn't available yet, but it's coming soon — we're building our network of Nunavut counsel. In the meantime the legal-aid clinics below are free to approach directly.

Free & low-cost Criminal Law help in Nunavut

If you cannot afford a private lawyer, Nunavut has a real safety net — territory-wide legal aid delivered through regional clinics, duty counsel and free public legal information. These are independent organisations, not Legal Hotline, but they are the right doors to know.

Legal Services Board of Nunavut (Nunavut Legal Aid)

Nunavut's publicly funded legal aid agency — also known by its Inuktitut name, Maligarnit Qimirrujiit. If you are financially eligible it provides lawyers for criminal, family and civil matters across the territory, and funds duty counsel and Inuit court workers who help people at the circuit court. Its three regional clinics (below) deliver the front-line service.

Maliiganik Tukisiinakvik Legal Services (Iqaluit — Qikiqtani / Baffin region)

The Iqaluit legal aid clinic, serving the Qikiqtani (Baffin) region, with criminal, family and poverty-law lawyers and Inuit court workers across the Baffin communities. It also does public legal education and law-reform work.

Kivalliq Legal Services (Rankin Inlet — Kivalliq region)

The legal aid clinic for the Kivalliq region (formerly Keewatin Legal Services), based in Rankin Inlet, providing criminal and family legal aid to residents of the Kivalliq communities.

Kitikmeot Law Centre (Cambridge Bay — Kitikmeot region)

The legal aid clinic for the Kitikmeot region, in Cambridge Bay — Canada's northernmost legal aid clinic — serving the western Nunavut communities with criminal and family lawyers.

Law Society of Nunavut

The body that licenses and regulates lawyers in Nunavut. It is not a referral or advice service, but it maintains the roll of lawyers entitled to practise in the territory and is the right place to check that a lawyer is properly licensed in Nunavut.

Parole Board of Canada — Record Suspensions

The federal body that decides record suspensions (formerly "pardons") under the Criminal Records Act. You can apply directly without a lawyer or paid service once your waiting period (5 years summary / 10 years indictable) has passed.

FAQ — Criminal Law in Nunavut

How long can the police hold me before I get a bail hearing in Nunavut?

If you are held in custody, the police must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available (Criminal Code s.503). In Nunavut's smaller communities a justice of the peace or a judge often appears by phone or video, or the matter waits for the next sitting of the fly-in circuit court. Wherever possible the bail hearing is completed on your first appearance. To understand your specific timeline, get clear legal information before bail court.

Why is the Nunavut Court of Justice different from courts in the provinces?

Because it is the only unified, single-level trial court in Canada. Created on 1 April 1999 with the territory itself, it combines the powers that elsewhere are split between a lower provincial/territorial court and a superior court — so the same judge can hear everything from a minor summary matter to a serious jury trial. There is no separate "Territorial Court" or "Supreme Court" to move between. The only court above it is the Court of Appeal of Nunavut, and then the Supreme Court of Canada.

Who prosecutes criminal charges in Nunavut — and is it different from the provinces?

Yes. In the provinces a provincial Crown prosecutes most Criminal Code offences. In all three territories — Nunavut, the Northwest Territories and Yukon — there is no territorial Crown. The federal Public Prosecution Service of Canada (PPSC), through its regional office in Iqaluit, prosecutes all Criminal Code offences in Nunavut as well as drug, cannabis and youth matters. So the prosecutor in your case is a federal one.

What happens if my community only sees the court every few months?

Most of Nunavut's communities are reachable only by air, so the court comes to you: the fly-in circuit court travels with a judge, clerk, court reporter, a federal prosecutor and at least one defence lawyer, with Inuktitut and Inuinnaqtun interpretation throughout. How often the circuit reaches your community varies. Urgent steps like a bail hearing can usually be dealt with by phone or video in the meantime, which is exactly why understanding your options early matters.

Is my charge a summary or an indictable offence — and what is a hybrid offence?

Summary conviction offences are the less serious ones (default maximum under s.787: a $5,000 fine and/or up to two years less a day). Indictable offences are more serious, with higher maximums. Many Criminal Code offences are "hybrid," meaning the prosecutor (the PPSC) chooses whether to proceed summarily or by indictment — and that choice changes your penalty and trial options. We can explain which category your charge falls into.

What does 'reverse onus' mean at a bail hearing?

Under Criminal Code s.515 the starting point is release on the least onerous conditions (the "ladder principle" from R. v. Antic), and the prosecutor normally has to justify keeping you in custody on the primary, secondary or tertiary grounds. For certain "reverse onus" charges the burden flips and you must show why you should be released. Understanding which applies to you before the hearing matters.

I was charged with impaired driving or 'over 80' — what are the penalties?

Under Criminal Code s.320.14 a first offence carries a minimum $1,000 fine (more if your blood-alcohol level is higher) and a mandatory minimum one-year driving prohibition. If the Crown proceeds by indictment the maximum is up to 10 years. There is no "DUI" charge in Canada — these are impaired driving and "over 80" offences under the federal Criminal Code, and they apply the same way in Nunavut as in the rest of the country.

I'm not a Canadian citizen — can a criminal charge affect my immigration status?

It can, and it is a federal immigration question decided under the Immigration and Refugee Protection Act, not by the criminal court. Under IRPA s.36, an offence with a maximum of 10 years or more is "serious criminality," and inadmissibility turns on that maximum — not the sentence you actually get. So even a first-offence impaired charge with only a fine can threaten a permanent resident's status. The criminal and immigration sides need to be handled together.

How long does a criminal case take, and what is the Jordan rule?

Under R. v. Jordan (2016) a case is presumptively too slow if it takes more than 18 months in a provincial/territorial court, or 30 months in a superior court, from the charge to the end of trial. Because the Nunavut Court of Justice is unified — it is both at once — the ceiling that applies depends on how your matter is being tried. Delay beyond the ceiling can lead to the charges being stayed, though defence-caused delay and exceptional circumstances are taken out of the count.

Can I get my criminal record cleared in Canada?

Often, yes, through a record suspension (formerly a "pardon") from the Parole Board of Canada under the Criminal Records Act. You become eligible 5 years after completing your sentence for a summary offence, or 10 years for an indictable one, provided you have no new convictions. The application fee is modest and you can apply directly, without a lawyer or paid service.

Does this hotline give legal advice or get me a lawyer?

We give clear legal information — not legal advice — and any contact creates no lawyer-client relationship. Legal Hotline is not a law firm and not the Legal Services Board of Nunavut. The AI assistant is trained on Canadian criminal law and answers live when you call, with as many questions as you like. A paid consultation with a Nunavut-licensed criminal defence lawyer isn't available yet, but it's coming soon. The free information line is live now for Nunavut.

Nunavut criminal defence lawyers: join our network

Are you a Nunavut-licensed criminal defence lawyer? We're building our network of Nunavut counsel ahead of launching paid consultations, to connect worried, urgent callers across Iqaluit, Rankin Inlet, Cambridge Bay and the territory's fly-in communities with vetted local counsel — at the moment they are ready to retain. If you would like to receive matched client referrals for bail, summary and indictable matters, impaired driving, youth justice and record-relief questions, join our network and we will route consultations your way once the service goes live.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

Charged in Nunavut? Understand Your 24 Hours Before Bail Court.