Spence Bay (July 26/04) - A Nunavut judge has thrown out key evidence in a narwhal harvesting case after determining government officials violated the defendants' Charter rights during the investigation.

Under the Fisheries Act, Saul Kooktook, Kokiak Peetooloot and David Tucktoo are all charged with one count each of hunting without a licence, killing a Narwhal without a tag and possession of a Narwhal tusk without a tag. The charges were laid in connection with a September 2001 Narwhal harvesting incident.

Even without the crucial evidence, the Crown intends to proceed with the case in October, said defense attorney John Wannacott, who filed the application under the Charter of Rights and Freedoms.

At a hearing in March of last year, Justice Richard Kilpatrick called the case "very important for the entire territory and Inuit in every community."

But the Crown has little to go on. "I don't know what's left," Wannacott said.

Only a record showing when Narwhal hunting tags came in and went out remains as significant evidence, Wannacott said.

On the record "you can't tell who got the tags," Wannacott said.

Keith Pelley, chief of conservation and protection with the department, supports the actions of his officers.

"I don't think they did anything wrong," said Pelley, who was the field supervisor in Rankin Inlet and responsible for the area at the time of offenses in September of 2001. "What works in some places, with some judges, some other judges may look at it differently."

Wannacott thinks the investigation should have been handled differently.

"They had other ways of doing this, but they chose to do it in an inappropriate manner," said Wannacott.

Crown attorney Christine Gagnon could not be reached for comment.