Judge denies bail for former RCMP officer in sexual assault appeal
A former Iqaluit RCMP special constable convicted of sexual assault has been denied bail while he waits for the outcome of his appeal.
Justice Jack Watson, who presided over the bail hearing for Mosesie Ikkidluak on Monday, added he isn't convinced yet whether there are grounds for an appeal of his conviction.
Ikkidluak was sentenced to nine years in federal prison last month for three counts of sexual assault over a 13-year span — each time while the victim was asleep.
He's also appealing his sentence, which went beyond a joint submission from the Crown and defence of four years.
His lawyer, Alison Crowe, wanted the sentencing judge to hear from witnesses who could speak to the "obsession" the victim had with Ikkidluak.
"It would be tantamount to stalking if she wasn't welcome," Crowe said.
"[The victim] categorically denied any romantic relationship with Mr. Ikkidluak … and made false complaints, which puts her credibility in question."
The Nunavut Court of Justice in Iqaluit. (David Gunn/CBC)
But Watson shot that argument down, and said he found no error in excluding that testimony from Ikkidluak's family and friends as evidence in earlier hearings.
"We don't try people on impressions, we try people on evidence," he said.
"The question is whether she gave consent … and only yes means yes."
Serving sentence in Iqaluit or down south
Ikkidluak had spent some time in jail when he was first arrested, then released, then back into custody after his sentencing.
The Crown prosecutor, Moray Welch, conceded Ikkidluak wouldn't be a risk to public safety if released on bail.
But Welch said it would be "puzzling" for Ikkidluak to be released back onto the streets in a small community like Iqaluit.
"The accused has support [in the community], but the victim has support, too," Welch said.
Crowe said if they were to be successful in appealing the sentence, and Ikkidluak ends up serving four years instead, there would be a possibility he'd serve time in Iqaluit rather than at the Beaver Creek Institution in Ontario, where he would be away from his children. That, Crowe told CBC, is up to Corrections Canada.
The date of the appeal hearing is not yet known, but Crowe told CBC it will likely be heard in 2025.
