R. v. Manik, 2021 NUCJ 1

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Manik, 2021 NUCJ 1 Date: 20210107 Docket: 11-20-31 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Alicia Manik ________________________________________________________________________ Before: Madam Justice Tulloch Counsel (Crown): G. Lyndon Counsel (Accused): J. Lafleur Location Heard: Iqaluit, Nunavut Date Heard: December 8, 2020 Matters: Sentencing for offence under Criminal Code of Canada, RSC 1985, c C-46, s. 236 REASONS FOR JUDGMENT (NOTE: This document may have been edited for publication)

I. INTRODUCTION [ 1 ] Today I find Alicia Manik guilty of manslaughter for the death of Stephen Enoogoo. [ 2 ] Accordingly, I am now tasked with imposing a fit and fair sentence in all the circumstances of this case and of this offender. [ 3 ] I mean no disrespect, but I am going to refer to the parties mostly by their first names.

I do this because first names are the ones most used in the community, and I find that often it makes what is said less complicated and more human for those who are listening. [ 4 ] On November 8, 2018 in the community of Pond Inlet, Stephan Enoogoo lost his life at the hands of Alicia Manik. [ 5 ] I start by recognizing that the tragic death of someone you love at the hands of another often results in a life sentence of pain and suffering for those left behind. [ 6 ] My sincere sympathy goes out to Stephan’s family and friends. [ 7 ] Notwithstanding the dreadful and significant loss you have suffered because of this incredibly tragic event, I need you to understand that the criminal process is not an instrument of vengeance nor an instrument of appeasement.

The length of sentence is not and cannot be an attempt to place a value on Stephan’s life. [ 8 ] The sentence I am about to impose on Alicia today is in no way a reflection or a measurement of the value of Stephan’s life. That value is far too vast to measure and nothing I do today can make up for the tragedy that has taken place. [ 9 ] Crafting a fair and fit sentence in these most serious circumstances is not an easy task, and there are many things that must be carefully considered, including but not limited to the following: a. The submissions of both counsel, which I heard on December 8, 2020; b.

The four victim impact statements, which were read out in court by crown counsel on behalf of Stephan’s family; c. The presentence report outlining the background of the accused; d. The case law submitted by counsel; and e. The accused’s guilty plea and expressions of remorse. II. FACTS [ 10 ] I start by setting out the facts presented by the Crown and agreed to by the Defence, which are contained in exhibit number one to these proceedings entitled “Report to Crown Counsel”.

[ 11 ] When reading from the nine-page report, the Crown only set out the facts contained under the heading “Synopsis”. Given that this was only a small portion of what was contained in the document entered into evidence as an agreed statement of facts, the Court felt a need to confirm with both counsel that the full Report to Crown Counsel was to be admitted for the truth of its contents. They agreed that the entire report constitutes the facts in this case. [ 12 ] A

summary of those facts are as follows. [ 13 ] On November 8, 2018, at approximately 10:55 pm, the RCMP Communications Centre in Iqaluit received a call from Pond Inlet on their emergency line from George Kippomee. He advised that Alicia Manik had shown up at his home, House #522, intoxicated and covered in blood. Alicia was frantically requesting police be called after saying that she had stabbed someone. She told the operator that she needed police to attend House #554 in Pond Inlet. [ 14 ] Members from the local detachment responded immediately and were greeted by Alicia in the driveway.

She told the police “I stabbed Stephan and you guys need to check on him.” She was arrested for aggravated assault and placed in the back of the police vehicle. [ 15 ] The police knocked on the door of House #554 but there was no answer. The door was locked and because the police were concerned for the victim, they broke the door to get inside. They located Stephan slumped face down on the couch in the living room wearing only his underwear. There was a trail of blood from the front door to his location. Police recognized Stephan and called the local health centre to have a nurse attend.

Stephan was declared deceased at 11:50 pm. At this time, Alicia was re-arrested for murder prior to being transported to the cells. [ 16 ] While being searched incident to arrest, a small blood-stained pocketknife was found in her right coat pocket. Police also noticed that Alicia was covered in blood. [ 17 ] Witness statements confirmed that both Stephan and Alicia had been drinking alcohol inside House #554 that night. [ 18 ] Stephan’s father, Jonah Koonark, was the last person, other than the accused, to see Stephan alive.

Jonah told the police that he had gone to the house around 7 p.m. and was only there for about an hour. He left because Stephan and Alicia were both drinking alcohol and he was getting scared that something was going to happen between them. [ 19 ] Jonah explained that Alicia and Stephan had been dating for about a month and that Alicia was living with him because she was homeless. [ 20 ] Jonah went on to say that Stephan gets angry when he drinks but Stephan is good when he is sober.

After his departure, Stephan and Alicia were alone in the house. [ 21 ] George Kippomee’s spouse Koopa told the police that Alicia arrived at their home sometime between 11:00 pm and midnight asking for help. She was drunk and without shoes or socks. She was also covered in blood and according to Koopa, Alicia had some large bumps on her head. [ 22 ] She told Koopa that she had stabbed Stephan because he was beating her up. Koopa said that Alicia had fallen on her floor when she first came inside and was yelling “call the cops”.

Alicia told her that Stephan was beating her and punching her head a lot of times, so she grabbed her knife from her pocket and stabbed him. [ 23 ] Upon her arrest, Alicia told the police that she had been drinking Smirnoff vodka with Stephan alone in the house. She explained that they were having a good time when suddenly Stephan just snapped and started punching her head.

[ 24 ] At one point Stephan grabbed a knife and said “You want me to kill you now”? She tried to calm him down by offering him sex, but it did not work. [ 25 ] She explained that it started in the bedroom and when she tried to get away, he blocked her by the front door and started punching her. He would not let her go. He had her pinned down in the closet by the door. [ 26 ] She went on to clarify that Stephan was not on top of her when he had her pinned down by the door, but he was blocking her from leaving.

She just remembered his blood on her and she unlocked the door and took off as Stephan went back into the house towards the living room. [ 27 ] She talked about a previous incident near the end of October when Stephan had a pickaxe and was going to fight the police. [ 28 ] Alicia explained that she was scared when Stephan grabbed a knife from the bedroom, and she panicked because she knew he was capable and she was in fear for her life.

Alicia said that she now wishes he had killed her instead. [ 29 ] An autopsy was conducted, and the preliminary cause of death was determined to be a stab wound to the chest. [ 30 ] The medical examiner also noted bruises and blood on the hands of Stephan. [ 31 ] Upon further investigation, the doctor found that the victim had multiple stab wounds to the body. Two of those stab wounds penetrated the heart and there were approximately six other stab wounds of which three penetrated the skin. There was blood under the knuckles of both of Stephan’s fists and scratch marks on his face and body. III.

SENTENCING PRINCIPLES [ 32 ] I am required when sentencing individuals to carefully consider the provisions contained in

section 718 of the Criminal Code . [ 33 ] The

section instructs me that the fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

a) to denounce unlawful conduct;

b) to deter the offender and other persons from committing offences;

c) to separate offenders from society, where necessary,

d) to assist in rehabilitating offenders;

e) to provide reparation for harm done to victims or to the community; and

f) to promote a sense of responsibility to victims and to the community. [ 34 ]

Section 718.1 requires that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 35 ] This is a case where the gravity of the offence resulted in the loss of Stephan’s life. The only charge more serious than manslaughter is murder. Alicia’s degree of responsibility is extremely high given the catastrophic consequences of what occurred that

night. [ 36 ]

Section 718.2(

a) indicates that a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstance related to both the offence and/or to the offender. IV. AGGRAVATING CIRCUMSTANCES [ 37 ] The following aggravating circumstances must be taken into consideration. [ 38 ] First, it is statutorily aggravating that the evidence shows that in committing the offence, Alicia abused her intimate partner. [ 39 ] No matter where you live in Canada spousal violence or intimate partner violence is to be condemned.

Deterrence and denunciation must play a prominent role in these types of sentences. [ 40 ] Both the accused and the victim chose to introduce a weapon into what was already a volatile situation. It is only Alicia who chose to use that weapon. [ 41 ] It is aggravating to note that Alicia did not stab Stephan only once to escape the home. Instead, she inflicted several stab wounds; two of which penetrated Stephan’s heart causing his death.

There are also scratches and bruises to the body which could have only been inflicted by Alicia. [ 42 ] Obviously, the loss of this young man’s life is the single most aggravating circumstance. [ 43 ] Stephan offered Alicia a place to stay when she was homeless. At least initially, he was trying to help her. [ 44 ] The stabbing occurred after Stephan punched Alicia in the head and after he attempted to prevent her from leaving the house. [ 45 ] During her time in custody at NWCC, Alicia was released on bail three times; in April 2019, July 2019, and December 2019.

She admits that she was unable to follow the conditions of those release documents. She was found drinking and breaking her curfew. [ 46 ] Alicia was returned for the last time to NWCC in February 2020. [ 47 ] I note that Alicia pled guilty on December 8 to one of the breaches and the others were stayed by the Crown. [ 48 ] Every sentence, including this one, has the goal of crafting a fair and fit sentence that will prevent the accused from committing further crimes. [ 49 ] The inability to follow important conditions in the past speaks to her ability to do so in the future.

More importantly, it speaks to the need for professional help, particularly given the fact that Alicia admits a very serious and long-standing abuse of intoxicating substances that she has been unable to successfully address. V. MITIGATING CIRCUMSTANCES

[ 50 ] First and foremost, Alicia Manik has chosen from the beginning to plead guilty to killing Stephan.

Accordingly, she has chosen to accept full responsibility for Stephan’s death. [ 51 ] She has saved the witnesses, the community, and Stephan’s family from the difficult and painful experience of having to testify in court. [ 52 ] The agreed facts touch upon a number of elements that could possibly have founded a defence to the charge before the court, but Alicia chose not to pursue those avenues. [ 53 ] Her guilty plea is to be given substantial credit. [ 54 ] Second, prior to this event, Alicia did not have a criminal record.

This is the first time she has been before the court. [ 55 ] The circumstances surrounding Stephan’s death tell a story of two people who were both drinking and both angry. [ 56 ] The use of the knife and the over-consumption of alcohol were the main players in the tragic events that led to Stephan’s death. [ 57 ] Third: There is no doubt in my mind that Alicia is very sorry and remorseful for what happened that fateful night. This was evident in the statement she read out loud in court on December 8.

She told Stephan’s family that they were nothing but kind to her and all she did in return was to cause them pain and grief. [ 58 ] In the presentence report, Alicia said that she thinks about what happened every day. She went on to say her actions have caused families to lose a brother, son, and friend. She expressed that if it were not for her drinking, the victim would be alive. [ 59 ] Fourth: Some work has been done while Alicia has been incarcerated to address her addictions.

She states in the presentence report that her goal is to stop drinking so that she can stay out of the court system. [ 60 ] On page nine of the report in the second to last paragraph Alicia admits that she will drink or smoke weed whenever she can access it. She considers herself an alcoholic and she says when she drinks she always blacks out. [ 61 ] For less than a year now she has been working with a clinician employed by the Young Offenders facility by the name of Mr. Girardin. He meets with her approximately once per week.

They are working on a relapse prevention system with a focus on the following skills: how to refuse alcohol; coping with cravings; what they are and how to deal with them; and how to deal with boredom. [ 62 ] They are looking at her social supports and mapping out who is in her life back home in Resolute Bay to help her succeed. [ 63 ] Mr. Girardin says that when Alicia is sentenced, he is hoping to work with mental health to get her into a treatment centre. Alicia agrees that she would find a treatment centre useful in her war against substance abuse. VI.

BACKGROUND OF THE OFFENDER [ 64 ] Pursuant to the SCC cases in R v Gladue and R v Ipeelee , one of the things I must carefully consider in crafting a fair and fit

sentence is Alicia’s background. These cases call upon judges to use a different method of analysis in determining a fit sentence for Aboriginal offenders. Judges must consider the unique systemic or background factors which may have played a

part in bringing Alicia before the court. [ 65 ] The court must consider viable sentencing alternatives to imprisonment that may play a stronger role in restoring a sense of balance to the offender, victim, and community, and in preventing future crime. As with all sentencing, this must be done with regard to the particular individual, the threat they pose, and their chances of rehabilitation and reintegration.

Evaluating these options lies within the discretion of the sentencing judge. [ 66 ] The presentence report talks about the following: [ 67 ] Alicia was born and raised in Resolute Bay. [ 68 ] She was adopted by her grandparents and raised in a traditional lifestyle. From an early age she was taught how to hunt and respect the land. [ 69 ] Alicia is a 25-year-old proud Inuk who is aware of her culture and knows the importance of maintaining it. [ 70 ] Although she says that she did not get along well with her teachers or her classmates, she still managed to graduate from grade 12 in 2013.

She says that she slacked off a lot towards the end of high school because she smoked marijuana a lot. [ 71 ] Alicia told the author of the report that she spends her spare time hunting camping, beading, crocheting, cooking, baking, drinking alcohol and smoking weed. To make money she sews and sells her products. [ 72 ] Alicia describes her childhood as good, and she says her parents treated her good.

This is somewhat contradicted later in the report where she talks about being sexually molested by a family member from the time she was six years old until she was 13 or 14. [ 73 ] Alicia also describes another incident of sexual abuse in her past. [ 74 ] Later, Alicia reported these incidents to the RCMP when she was intoxicated and speaking to them on unrelated matters. The police did not believe her, and nothing happened. Alicia also told her mother, who did not believe her. [ 75 ] Alicia has been involved in back to back abusive relationships.

There have been four serious ones involving abuse, violence, addictions, and trauma. [ 76 ] Throughout her young life, Alicia has had several mental health issues that have not been adequately addressed to date. [ 77 ] She is the mother of two children which are no longer in her care. [ 78 ] Alicia was accepted into the Culinary Arts program at Algonquin College in Ottawa. Unfortunately, she did not attend because she got pregnant. [ 79 ] In the report Alicia describes an incident in Winnipeg when her son was sent down on medical travel.

Alicia and her boyfriend were evicted from the Inuit Centre and sent home early because of their drinking and inappropriate behaviour.

[ 80 ] Alicia has had many jobs and has moved from community to community for various reasons. Her addiction to alcohol and drugs has resulted in a loss of her ability to retain a job and to maintain appropriate accommodation. [ 81 ] As indicated previously, she was homeless just prior to being taken in by Stephan and his family. [ 82 ] Alicia stated that she has attempted suicide too many times to count. [ 83 ] Further, the writer of the report noticed multiple scars on Alicia’s arms. When asked about the scars, the accused stated they were from self-harm and Alicia showed the author more scars on her legs. VII.

SENTENCE [ 84 ] Counsel presented five cases which confirm the finding that a very wide range of sentencing options are available for manslaughter. Each one is very dependent on the facts of the offence and the circumstances of the particular offender. [ 85 ] I have carefully reviewed the cases presented by counsel and although helpful in terms of the basics, each one can be distinguished from the case at hand. [ 86 ] If someone causes death purely by accident, they commit no offence at all. If they intentionally cause death, they commit murder.

Everything in between these two extremes is manslaughter. [ 87 ] Therefore, those facts that are closer to near accident are likely to attract a much lower sentence, while those closer to murder are likely to attract a much higher sentence. [ 88 ] In this case, Defence counsel submits that a suspended sentence and probation for one or two years is appropriate. With the greatest of respect, I disagree.

A sentence such as that suggested by Defence falls at the very lowest end of the spectrum. [ 89 ] In the alternative, Defence urges me to impose a sentence of one year with probation. [ 90 ] The Crown asks for a sentence of three years. [ 91 ] Given that, in committing this offence, Alicia used a knife to stab Stephan not once but numerous times, I find that a sentence at the low end of the scale is not appropriate in this case. [ 92 ] I therefore reject both a suspended sentence and a one-year sentence with probation. [ 93 ] I do agree that Alicia’s chances of rehabilitation depend almost entirely on her receiving professional help once she is released from custody.

Because of her breach history, she has proven that she cannot beat her addictions on her own. [ 94 ] Although a three-year penitentiary term is not inappropriate in this case, I am encouraged by the insight shown by Alicia in the presentence report. [ 95 ] I am also mindful that Stephan was assaulting Alicia, at least initially, when she used the knife to cause his death.

[ 96 ] After the incident, Alicia immediately tried to help Stephan and she has from the very beginning admitted full responsibility for her actions. [ 97 ] For all of the reasons indicated, I am convinced that a fit and fair sentence with respect to the unique facts of this case and the particular circumstances of this offender is 900 days in jail which amounts to approximately two and one half years. [ 98 ] By my calculation, Alicia has spent 678 real days in jail as of today.

She is entitled to one and a half days for every day spent in custody for a total of 1017 days in total. [ 99 ] Given that I am entitled to subtract what is called her pretrial custody, she is now in a time served position. [ 100 ] Pursuant to the SCC decision in R v Mathieu , 2008 SCC 21 and the Criminal Code , the term “sentence” refers to a period of incarceration imposed after sentencing and does not include pre-trial custody.

Accordingly, it is the term of imprisonment imposed at the sentencing hearing that determines Alicia’s eligibility for a probation order. [ 101 ] I am convinced that the imposition of a lengthy period of probation is essential to Alicia’s chances of rehabilitation. [ 102 ] Accordingly, I impose three years of probation with the following conditions: a. You must report within five days and thereafter as required to the probation officer in Resolute Bay; b. You must reside in a residence approved by your probation officer.

You cannot change that residence without the prior written permission of your probation officer; c. For the first year of probation, you must report to the mental health worker in Resolute Bay at least once per month; d. During the last two years of your probation, you are report to the mental health worker as directed; e. If there is no mental health worker living in the community, you must report by telephone to the worker assigned to Resolute Bay; f.

Within the first three months of your return to Resolute Bay or as soon as possible, you must be assessed for entry into a residential treatment program focused on addictions. If accepted, you must attend and complete such a program; g. You must participate in any other counselling as directed by your probation officer; h. You must maintain weekly telephone contact with Yannick Girardin to finalize a viable relapse prevention plan. Once a plan is finalized you may choose whether to continue the relationship; i.

You must meet with the Community Justice Committee or other designated elder as and when directed by your probation officer for the purpose of receiving traditional counselling; and j. You must seek or maintain employment and provide a monthly report to your probation officer on your efforts to do so. ANCILLARY ORDERS [ 103 ] By law I am obligated to impose a firearm prohibition under

section 109 of the Criminal Code . That means that you are not allowed to own or possess any firearms, ammunition, or explosive substances for a period of ten years; Hearing no objections, I will recommend an exemption for purposes of sustenance hunting under

section 113 of the Criminal Code . [ 104 ] I must also order that you submit your DNA for inclusion on the national database. You must attend at the RCMP station in Resolute Bay for that purpose within five days of your release.

[ 105 ] I order that the knives which were seized be forfeited pursuant to

section 491 of the Criminal Code . [ 106 ] Finally, I have considered imposing a victim of crime surcharge but given Alicia’s current circumstances I will not do so due to financial hardship. CONCLUSION [ 107 ] Alicia: You now are the one that must work hard to make sure you deal with those unresolved issues that have played a

part in bringing you to court. It is you that must address your substance abuse problem. [ 108 ] You have several skills that will assist you in your journey but drinking alcohol and smoking weed are not two of them. [ 109 ] You can never make up for what happened to Stephan at your hand, but you can keep his memory alive to act as a very strong incentive to change. It will not be easy but if you work hard, anything is possible. GOOD LUCK! Dated at the City of Iqaluit this 7th day of January, 2021 ___________________ Justice B. Tulloch Nunavut Court of Justice