R. v. Metuq, 2018 NUCJ 25

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Metuq, 2018 NUCJ 25 Date: 20180918 Docket: 02-18-05; 02-18-15 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Brian Metuq ________________________________________________________________________ Before: The Honourable Mr. Justice Gregory Mulligan Counsel (Crown): Roman Dzioba Counsel (Accused): Julie Bedford Location Heard: Iqaluit, Nunavut Date Heard: September 17 & 18, 2018 Matters: Sentencing pursuant to Criminal Code , RSC 1985, c C-46, sections 87, 145(5.1) , 264.1(1) (b), and 266 . REASONS FOR SENTENCE (Delivered Orally) (NOTE: This document may have been edited for publication)

I. INTRODUCTION [ 1 ] By way of overview, Brian Metuq pleaded guilty to five counts before the court, with the assistance of Counsel, Ms. Bedford, who made submissions as to sentence on his behalf. [ 2 ] Those offences: two counts of assault, one count of uttering threats, one count of pointing a firearm and one count of breach. [ 3 ] The Crown submits that a global sentence of 160 days incarceration, followed by 12 months’ probation would be an appropriate sentence. [ 4 ] The Defence submits that a conditional sentence of six months’ house arrest, followed by probation would be a fit sentence for Mr. Metuq. II.

CIRCUMSTANCES OF THE OFFENCES [ 5 ] The first offences occurred on February 4, 2018. The offender admits that an assault occurred on his domestic partner, Laila Alookie, and that he pushed his daughter. He used some force to hold his partner down and made threats. [ 6 ] The second offence occurred on May 4, 2018, and she reported this matter to the Royal Canadian Mounted Police [RCMP] around May 18, 2018. On this occasion, he attended the residence of his domestic partner, looking for weed. He pointed a firearm at her and expressed suicidal thoughts.

This matter ended without further incident and without the tragic ending that could have resulted. [ 7 ] By attending her residence, he breached the terms of his recognizance. [ 8 ] Mr. Metuq admits the circumstances of these offences. III. CIRCUMSTANCES OF THE OFFENDER [ 9 ] Mr. Metuq has a criminal record dating from February 2016. He received a suspended sentence and one year probation for a series of assaults on his same domestic partner, together with mischief and failure to comply with an undertaking.

He has had no further involvement with the criminal justice system until these offences before the court today. [ 10 ] He is 25 years of age.

[ 11 ] The court received a Pre-Sentence Report, which I view as positive in terms of the prospects for rehabilitation and successful return to his home community of Qikiqtarjuaq, where he resided for most of his life. [ 12 ] He went to school until grade 10, but spent most of life on the land with his grandfather hunting, fishing, and camping. His mother also resides in the community. The passing of his grandfather appears to have been a life altering event in his life. He became addicted to marijuana, and for a time he had suicidal thoughts. [ 13 ] Mr. Metuq has had a domestic relationship with Ms.

Alookie for about six years. They have a daughter, aged three, and he has a step-daughter. He rarely has had employment, but has provided for his family by hunting and fishing. [ 14 ] The author of the Pre-Sentence Report notes about his relationship with Laila as follows: Laila would like to begin couples counselling once the accused in back. She stated that she still has a relationship with the accused, and since they are in different communities, she believes that their relationship has gotten better.

She said that she has heard from the accused’s family members that he has stopped using drugs and is dealing with what caused the incident. Laila sees the relationship going in the right direction and would like to continue the relationship. Laila says that she is not afraid of him. [ 15 ] Laila Alookie filed a victim impact statement, stating in part, “we need him. His family needs him. I believe he can change and learn to manage his anger.” [ 16 ] Because of these offences, Mr. Metuq was removed from his home community and incarcerated in Iqaluit for five days.

He was then released to the care of his Aunt and Uncle, Lizzie and Jason Aliqatuqtuq, who filed a letter in support. [ 17 ] Jason also spoke in court about his care for his nephew, Brian, and the positive changes that he has seen in Brian over the last several months. Brian has followed house rules, and gone hunting and fishing with his Uncle who has obviously been a positive influence these last few months. A. Aggravating Factors [ 18 ] Mr. Metuq has a criminal record for domestic assault and has had the benefit of a suspended sentence and probation.

He now faces the court with further charges, once again involving his domestic partner. B. Mitigating Factors [ 19 ] Mr. Metuq has pleaded guilty to the charges before the court. His domestic partner is therefore not required to give evidence reliving these events, in circumstances where she would like him back in the life of her family and their children and the community. [ 20 ] Mr. Metuq has expressed remorse to the author of the Pre-Sentence Report and in addressing the court yesterday. [ 21 ] Mr. Metuq is a youthful offender. Mr.

Metuq has strong family support from his Aunt and Uncle and has made much progress while residing with them in Iqaluit. Because he was removed from his home community, he has not been able to provide for his family in the traditional fashion by hunting and fishing. He has been away from the community for about four months. Mr. Metuq has seen counselling for mental health issues and seems to have broken his addiction to marijuana. IV.

SENTENCING PRINCIPLES [ 22 ] I need not recite all the sentencing principles set out in the Criminal Code at s. 718 , but two of them come to mind here as important in my view based on Mr. Metuq’s age.

[ 23 ] First of all, one of the principles of sentencing is to assist in rehabilitation of offenders. Another principle is to promote the sense of responsibility in offenders. Gladue principles also rise to importance in sentencing an offender like Mr. Metuq. Although I do not have a Gladue report, I have considerable information about Mr. Metuq’s family and their traditions in the community through the Pre-Sentence Report and submissions of Counsel. V. CONDITIONAL SENTENCE [ 24 ] Based on the offences before the court, I am satisfied that a conditional sentence under s. 742 can be considered here. [ 25 ] The Criminal Code at s. 718.2 (

e) provides “all available sanctions, other than imprisonment, that are reasonable in the circumstances and are consistent with the harm done to the victims or to the community should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders ” [emphasis added]. VI. DISPOSITION [ 26 ] I am satisfied that a conditional sentence of house arrest with his Aunt and Uncle, in Iqaluit, meets the objectives of sentencing here. Mr. Metuq has already had a short, sharp period in jail, five days.

Either because of that experience or more likely the guidance of his Aunt and Uncle, he has made real progress since his release. [ 27 ] This sentence is still punitive. He will not be able to return to his home community or to restore the relationship with his spouse and children until this sentence is complete. VII. TERMS OF THE CONDITIONAL SENTENCE [ 28 ] The terms of the six month conditional sentence are as follows: 1. You will remain in the residence or on the property of Jason and Lizzie Aliqatuqtuq at all times. 2.

Exceptions are to attend any counselling sessions or mental health evaluation, providing he is transported by his Aunt and Uncle. 3. To be allowed out of the house for two hours twice a week for personal errands and shopping, provided he is accompanied by his Aunt or Uncle, at times set by his Aunt and Uncle. 4. There will be a further exception to allow Mr. Metuq to attend work or any educational or training opportunities while in Iqaluit. Jason or Lizzie shall provide transportation and monitor attendance by keeping a diary to be later provided to his probation officer. 5.

With the consent of Laila Alookie, he can have telephone access to her and the children during this conditional sentence. [ 29 ] At the completion of his conditional sentence, he shall be subject to a probation order for 12 months and report to his probation officer within three days of the completion of his conditional sentence, subject to the usual terms. VIII. ANCILLARY ORDERS [ 30 ] I turn to the ancillary orders sought by the Crown.

1. Weapons Prohibition [ 31 ] The Crown seeks a weapons prohibition order, and I think I am right on this because the Crown proceeded summarily, the court has discretion as to whether or not to impose such an order under s. 110 of the Criminal Code . [ 32 ] The circumstances here are unique to Mr. Metuq. He has grown up in a tradition of living off the land. He has supported his family in this matter by hunting and fishing, and has had previously the guidance and support of his grandfather. [ 33 ] I am sure that this is a very common way of life in his home community.

Such an order would affect his ability to support his family. [ 34 ] I decline to make such an order. But I do make an order that during his period of probation he not have immediate possession of any firearms or ammunition. These items must be stored in a safe place in the premises of a third party who consents to provide safe storage. Such consent shall be in writing and provided to his probation officer to ensure compliance. Mr. Metuq is to be allowed a firearm when on the land hunting. 2. Contact [ 35 ] Contact with Laila during the period of probation is prohibited unless she consents in writing.

She may withdraw this consent at any time by notifying the RCMP and the parole officer. [ 36 ] There should be a cooling off period of 24 hours. 3. Victim Fine Surcharge [ 37 ] In these circumstances there will be a victim fine surcharge of $500. There will be a year to pay the victim fine surcharge. IX. CONCLUSION [ 38 ] Good luck, Mr. Metuq. [ 39 ] You are fortunate to have your Aunt and Uncle to assist you, and you have made progress since your release from jail. I hope that you will take advantage of any counselling opportunities here, in Iqaluit, given your conditional sentence.

I hope you will take further steps as to the responsible use and handling of firearms not only during your probation period, but for life. Your children deserve this. Dated at the City of Iqaluit this 18th day of September, 2018

___________________ Justice G. Mulligan Nunavut Court of Justice