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IKALUKTUTIAK/CAMBRIDGE BAY
The Nunavut Court of Appeal has ruled a new trial should be held for Chris Bishop, who was convicted in 2010 for three shooting deaths in Cambridge Bay, but Crown prosecutors are still deciding whether to fight the decision.

Bishop was sentenced to life in prison with no eligibility of parole for 16 years after a jury found him guilty of three counts of murder and two counts of attempted murder in January 2007.

Alberta justices Jean Cote, Patricia Rowbotham and Brian O'Ferrall of the Nunavut Court of Appeal, in Iqaluit, heard arguments from the defence and Crown on Sept. 25 as to whether the case should be retried.

Two of the three judges hearing the case agreed with the defence position that the jury should not have heard testimony from a witness in Yellowknife who had said Bishop boasted about shooting other people, according to the 55-page ruling dated Jan. 28. At trial, it was determined the statement was untrue. Evidence related to the violent nature of some of the home invaders at Bishop's residence, who were killed, should be included, the ruling adds.

Bishop's defence lawyer, Toronto-based James Morton, said he has yet to fully read the 55-page decision.

"It seems the judges agreed with my arguments the evidence from the young woman who said Chris had shot people in Yellowknife, should not have gone to the jury and was unfair. That appears to be the reason," he said.

Morton said the Crown may appeal the decision to the Supreme Court of Canada, but if the Crown does not appeal the decision, a new trial date will be scheduled.

"Obviously, I'll be seeking to have Mr. Bishop released on bail pending any new trial date," he said. "The new trial date would probably be at least one year, maybe two years from now."

He added he has yet to speak to Bishop but mentioned via e-mail the family is "relieved and pleased" with the judgment and looks forward to a new trial as soon as possible.

John Solski, the assistant chief federal prosecutor, said the Crown is reviewing the decision.

"We are carefully reviewing the decision of the Nunavut Court of Appeal to determine whether we will launch an appeal to the Supreme Court of Canada. We expect to make that decision probably within a week or so."

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