R. v. Alariaq, 2013 NUCJ 27

nunavuumi iqkaqtuijikkut NUNAVUT COURT OF JUSTICE La Cour de justice du Nunavut Citation: R. v. Alariaq, 2013 NUCJ 27 Date: 20131106 Docket: 03-12-51-1 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Mathewsie Alariaq ________________________________________________________________________ Before: The Honourable Mr. Justice Mahar Counsel (Crown): C. Lirette M. Pistyner Counsel (Accused): J. Morton Location Heard: Iqaluit, Nunavut Date Heard: November 5, 2013 Matters: Criminal Code, s. 231(7) ; s. 235(1) REASONS FOR JUDGMENT (NOTE: This document may have been edited for publication)

I.

SUMMARY OF FACTS [ 1 ] Mathewsie Alariaq has entered a guilty plea to a charge of second degree murder, for the vicious and senseless killing of Karl Qinnuayuaq, a 16 year old boy. [ 2 ] During the night of April the 15th and into the morning of April the 16th, 2012, 28 year old Mathewsie Alariaq was drinking. He had recently separated from his partner and was on conditions to stay away from her.

He had been taken in by Adla Qinnuayuaq, and was residing with her and her two sons, Audlaluk and Karl, the victim. [ 3 ] On the night of April 15th, he informed Adla Qinnuayuaq that he would be staying with his girlfriend. He confronted his girlfriend at her residence but did not end up spending the night with her. [ 4 ] He, along with two teenage cohorts, broke into the residence of his cousin Jamesie Alariaq, who was away in Iqaluit. They stole alcohol, which they consumed, along with numerous carvings and cash. [ 5 ] Alariaq and one of the teenagers ended up at the residence of Lucassie Mikkigak.

A fight broke out when Mr. Mikkigak attempted to remove Alariaq from his residence. Alariaq attacked Lucassie Mikkigak with a box-cutter, causing injuries to his face and neck. [ 6 ] Alariaq returned to the Qinnuayuaq residence. The door was locked. He knocked, no one answered, so he kicked the door in. [ 7 ] Shortly after 6:00 am on April 16th, Adla Qinnuayuaq came downstairs to find the door broken and Alariaq in the kitchen. She understandably became upset with him, telling Alariaq she regretted allowing him to live at her house. [ 8 ] Alariaq became even more upset.

He decided he would kill himself, but before doing so he would kill Karl too, to show everyone how angry he was. [ 9 ] Armed with a red handled hunting knife that he had stolen from the residence of Jamesie Alariaq, Mathewsie Alariaq entered the bedroom of Karl Qinnuayuaq, who was lying on his bed, half asleep. He attacked Karl with the knife, inflicting 51 injuries to Karl’s head, neck, trunk and arms. Karl fought desperately to save his life. His brother Audlaluk, who had been sleeping in a room down the hall, heard him screaming and the sounds of a struggle.

Five of the wounds penetrated the chest and abdominal cavities. [ 10 ] Adla Qinnuayuaq and her son Audlaluk ran out of their home to get help. Neighbours called the police and Karl was rushed to the nursing station by the RCMP. The injuries were far too severe and he was beyond saving. He bled to death, likely before he was even removed from his bedroom. [ 11 ] Alariaq, meanwhile, had fled the scene and returned to his cousin’s home, where he barricaded himself in, armed with numerous weapons. After many hours of negotiations, he surrendered to the RCMP. II.

THE CIRCUMSTANCES OF THE ACCUSED [ 12 ] Mathewsie Alariaq comes before the court with a criminal record, although not a particularly long one. He has previous convictions in 2010, including assault and assault causing bodily harm.

[ 13 ] He is Inuit and was raised in the Hamlet of Cape Dorset. His parents, I am told, both had significant alcohol problems. His father was frequently abusive and violent towards him when he was a child. I take the particular circumstances of this aboriginal offender into due consideration, as I must. III. THE SENTENCE [ 14 ] The sentence for the offence of second degree murder is, by law, one of life imprisonment. For the rest of his life, Mathewsie Alariaq will be under the control of the Correctional Service of Canada; either in prison or out on parole.

The law also provides that he must serve a minimum of 10 years in prison before becoming eligible for parole. The court has the discretion to raise this minimum but cannot go below it. [ 15 ] Both Crown and Defence have recognized that this case calls for something more than the minimum 10 years and have jointly recommended that I impose a parole ineligibility period of 12 years. IV.

PAROLE INELIGIBILITY – ANALYSIS [ 16 ] In determining the appropriate period of parole ineligibility, the Criminal Code tells me to consider the character of the offender, the nature of the offence, and the circumstances surrounding its commission, which in this case are horrendous. [ 17 ] It is hard to imagine a more pointless death than that of Karl Qinnuayuaq, whose only fault apparently was being part of the family that offered assistance to Mathewsie Alariaq when he had nowhere else to live.

Murdered while he lay, defenceless, in his bed; desperately trying to escape while he was stabbed again and again, while his mother and brother came to the shocked realization of what was happening to their loved one – Karl’s murder falls into the category of killings which can be described as starkly horrible. [ 18 ] I have to take into account the plea of guilt, and I have done so to a significant extent in following the joint recommendation before me.

Were it not for the guilty plea, a parole ineligibility period of greater than 15 years would likely have been imposed. [ 19 ] As is so often tragically the case in Nunavut, excessive consumption of alcohol played a role in this murder. While it was a contributing factor, his actions were obviously highly intentional and it does not impact on his level of criminal responsibility. I also do not find that it was completely out of character for him. He appears to have a pathological capacity for selfishness. [ 20 ] Since his incarceration at the Baffin Correctional Centre, he has been a bully and a trouble maker.

On one occasion he even delivered a beating to an older brother of the victim. He was not intoxicated during any of the many incidents at the institution. His behaviour shows a pattern of disregard for others and is at odds with his claims of an ongoing state of remorse. [ 21 ] Adla and Audlaluk Qinnuayuaq testified at the preliminary inquiry in this case, at which I presided. Their testimony was wrenching, yet I never saw any indication of emotion from Mathewsie Alariaq.

The only emotion he displayed was when his ex- girlfriend testified. [ 22 ] I do not pretend to be a psychiatrist or a psychologist and I make no attempt to diagnose any particular personality disorder or other pathology in this case. I expect, however, that Corrections Canada will look long and hard at Mathewsie Alariaq before considering his release on parole. Unless he takes significant steps to address whatever his issues may be, I doubt that he should be released after serving the minimum 12 years which I am about to impose. V.

SENTENCING AND FINAL WORDS [ 23 ] The sentence of the court is imprisonment for life. Parole ineligibility is set at 12 years. I make a firearm prohibition under s. 109 for life. I am not going to entertain an exception under s. 113 . There will be a DNA order. The victim of crime surcharge is waived for reasons of hardship.

[ 24 ] To Adla and Audlaluk and other members of the family of Karl Qinnuayuaq: there is nothing I can say that comes close to addressing the degree of hurt you have suffered. You have my deepest sympathies for your loss. [ 25 ] Court is closed. Dated at the City of Iqaluit this 6th day of November, 2013. ___________________ Justice A. Mahar Nunavut Court of Justice