R. v. Ulayuruluk, 2023 NUCJ 18

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Ulayuruluk, 2023 NUCJ 18 Date: 20230825 Docket: 07-18-53 Registry: Iqaluit Crown: His Majesty the King -and- Accused: Jerry Ulayuruluk ________________________________________________________________ Before: Mr. Justice Lyons Counsel (Crown): Counsel (Accused): J. MacFarlane C. D’Souza C.

Rogers Location Heard: Date Heard: Iqaluit, Nunavut August 25, 2023 Matters: Sentencing decision – Parole Ineligibility following conviction of second degree murder, Criminal Code of Canada, RSC 1985, c C-46, ss. 235 REASONS FOR DECISION (Delivered Orally) (NOTE: This document may have been edited for publication) I. INTRODUCTION [ 1 ] Jerry Ulayuruluk has been found guilty of second degree murder in the death of Maria Itturiligaq. He is before the court to be

sentenced. II. FACTS [ 2 ] For the purposes of this sentencing decision, I include the basic facts of the case. A more detailed recitation of the facts is found in my decision convicting Mr. Ulayuruluk of murder found at 2023 NUCJ 6 . [ 3 ] Jerry killed Maria in the early morning hours of October 26, 2018, in Igloolik. He was 43 years old, and Maria was a 17 year old high school student.

Despite the age gap, they had been in a relationship for a couple of months and Jerry referred to Maria as his girlfriend. [ 4 ] In the evening prior, Jerry and Maria attended homes in Igloolik where people were socializing and drinking alcohol. Jerry drank extensively throughout the evening, while Maria did not drink or socialize much at all. She barely spoke, and mostly stood behind Jerry, or alone in the porch areas of the homes. [ 5 ] Jerry started the evening in a good mood, but as the evening wore on, he became drunk, aggressive, and violent.

Between 11 p.m. and 1:30 a.m., he accused people of things, and pushed two people. He was aggressive with Maria, and she was visibly afraid of him. Sometime after midnight and before 1:30 a.m., he seriously assaulted his younger sister, and male cousin, leaving them with significant facial injuries. [ 6 ] Later on that early morning, Jerry and Maria ended up alone in Jerry’s one bedroom apartment. Shortly before 3:54 a.m., he assaulted her by repeatedly striking her in the face, head, and body.

The assault caused bruising to Maria’s head, nose, shoulders, forearm, hand, wrist, knee, and lower legs, as well as abrasions and lacerations to the inner surfaces of her lips causing her mouth to bleed. The injuries to her forearm, hand, and wrist, were consistent with her attempting to defend herself from being struck. Jerry’s only injuries were to his knuckles from punching. [ 7 ] The blood from Maria’s mouth was spattered onto three different walls in the living room, as well as in the kitchen and bedroom.

This showed that the assault took place throughout the apartment and was prolonged. [ 8 ] Jerry then stabbed Maria in the chest, one time, with a large kitchen knife with significant force. The knife went straight through her chest bone, heart, and part of her lung. It penetrated the rear of her chest wall, and she died moments later. [ 9 ] After the stabbing, Jerry left the apartment and went to his sister’s home to call the police. During the call he admitted that he killed Maria by stabbing her in the chest.

He was emotional and urged the police to come to his apartment. [ 10 ] Police arrived soon after and Jerry was arrested without incident. He demonstrated emotion and remorse for what he had done. III. MANDATORY MINIMUM SENTENCE [ 11 ] The mandatory sentence for second degree murder is imprisonment for life. [ 12 ] Offenders serving life sentences are sometimes released from prison on a form of supervised release called parole. When a person is granted parole, the release can be revoked at any time throughout their life, returning them to prison.

[ 13 ] Parole is not automatic. In order to be considered, an offender must apply to the National Parole Board. The Parole Board then holds hearings and receives information about the offender. In considering whether to grant parole, the Board determines if the offender has made sufficient progress in his rehabilitation, and whether he continues to pose a risk to society. [ 14 ] A person convicted of second degree murder can apply for parole after serving 10 years of the life sentence unless the court orders that he serve a longer period before being able to apply.

The court can order that the offender serve anywhere from 10 to 25 years before being able to apply for parole. [ 15 ] It is important to remember that being able to apply for parole and being granted parole are different things. Many applications for parole are denied, and the offender is kept in custody. [ 16 ] The court must decide how many years of his life sentence Jerry must serve before he is able to apply for parole. The court is not deciding if Jerry will be granted parole. That will be the decision of the Parole Board. IV.

CROWN AND DEFENCE POSITIONS [ 17 ] The Crown and Defence jointly recommend a period of parole ineligibility of 14 years. V. DECISION [ 18 ] This recommendation is supported by Nunavut case precedent and is within an acceptable range of parole ineligibility. I therefore accept it. VI. REASONS FOR DECISION [ 19 ] This case requires a period of parole ineligibility higher than the minimum of 10 years for several reasons. [ 20 ] Primary among them is that Maria was a young and vulnerable Indigenous woman in an intimate relationship with a much older man.

This relationship involved a degree of trust which was violated in the most outrageous way. [ 21 ] Through various sections of the Criminal Code , ( ss. 718.01 , 718.04 . 718.2(a)(ii)) Parliament has specifically directed judges to focus on denunciation and deterrence when crafting sentences that involve crimes of violence against Indigenous females under the age of 18, especially when the perpetrator of the violence is an intimate partner. [ 22 ] Another factor requiring a higher period of parole ineligibility is that the stabbing was the culmination of an extended and violent assault against Maria, and that in the previous evening and night he had been aggressive and seriously assaultive towards numerous others. [ 23 ] Jerry also has a long history of violence.

He has a significant youth court and adult criminal record with 13 convictions spanning from 1991 until 2017. As an adult he has been convicted of numerous violent crimes including 7 simple assaults, an assault causing bodily harm, and an aggravated assault. Included in those assaults is a conviction for assaulting a previous spouse in 2017. [ 24 ] As has been repeatedly noted by this court, crimes of violence in Nunavut have been disturbingly common for decades. Nunavut leads the country by a large margin in per capita instances of all manner of assaults and homicides, and a large proportion of victims are

Inuit women, and girls. [ 25 ] The reasons for this violence are complex, and include past trauma, poverty, and alcohol and drug abuse. But whatever the cause, the continued prevalence of such violence requires the court to impose a higher period of parole ineligibility to appropriately condemn Maria’s murder, and hopefully deter others from committing similar crimes of violence. [ 26 ] I balance these considerations with some of the things that are to Jerry’s credit. [ 27 ] After he stabbed Maria, he immediately sought help from the police and volunteered to the dispatcher that he was responsible for the murder.

It was clear he immediately regretted the killing and was remorseful. At the sentencing hearing, he demonstrated his continued remorse by apologizing to Maria’s adoptive and biological mothers in a respectful and genuine manner. [ 28 ] While he has been in custody awaiting trial, he has made significant efforts to rehabilitate himself by completing several courses including a 3 month pre-trades training course, a safety course, an emergency first aid and CPR course, a 5 and a 6 week “Celebrate Recovery” program, an Inuit Cultural Skills program, a Town Crew program, and a Prison Facility Maintenance program. VII.

VICTIM IMPACT [ 29 ] At the sentencing hearing, Victim Impact Statements were provided by Maria’s adoptive mother and birth mother that demonstrate the heavy toll Maria’s murder has taken on them. I have no doubt that Maria’s other family and friends also struggle with the horror of her violent and senseless death, at a time when she had all her adult life ahead of her. [ 30 ] The Court extends its condolences to all those affected by Maria’s murder. There is no sentence that can be imposed on Mr. Ulayuruluk that can adequately measure the worth of Maria’s life, or the magnitude of your loss. VIII.

ORDERS [ 31 ] I impose on Mr. Ulayuruluk a sentence of life in prison with a period of parole ineligibility of 14 years. [ 32 ] I further impose a DNA order, and a s. 109 firearms prohibition order for a period of ten years. Dated at the City of Iqaluit this 25th day of August 2023 ___________________ Justice C. Lyons Nunavut Court of Justice