No banishment order for Cambridge Bay man

David Nakashook, 46, is a free man after a judge waived a jail sentence in lieu of the 14 months Nakashook has served in remand at Baffin Correctional Centre.

Nakashook pleaded guilty to sexually assaulting a heavily intoxicated 17-year-old Cambridge Bay girl at a house party on Aug. 29, 2001. He was arrested and subsequently detained at BCC. Last month, he was released subject to a strict set of conditions.

While awaiting his sentence, the hamlet of Cambridge Bay issued a letter requesting Nakashook be prevented from returning to the community. He has a prior criminal record, including numerous alcohol-related offences and assaults.

Neither the Crown nor defence recommended Nakashook be prohibited from entering his home community.

Justice Beverley Browne considered the community’s concerns when delivering Nakashook’s three-year probation order.

“It’s clear the hamlet has spent time considering this matter. I don’t mean to mitigate those concerns or take them lightly. [However] with banishment we’re just transferring problems from one community to another,” she said.

Nakashook has no plans to return to Cambridge Bay, other than to visit his mother, said Nakashook’s lawyer Brad MacIsaac. Instead, MacIsaac said, he hopes to live in Iqaluit or Gjoa Haven.

Browne gave Nakashook a copy of the hamlet’s letter and instructed him to carry it at all times as a reminder of the seriousness of his crime.

If convicted of another serious crime, Nakashook risks being deemed a dangerous offender, Browne said. “Which means basically you get locked up for the rest of your life,” she warned.

Nakashook’s three-year probation order includes counselling for substance abuse and a 10-year firearm prohibition.