R. v. Qirqqut, 2021 NUCJ 4

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Qirqqut, 2021 NUCJ 4 Date: 20210129 Docket: 22-17I-104 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Clifton Qirqqut ________________________________________________________________________ Before: Madam Justice Tulloch Counsel (Crown): G. Wool Counsel (Accused): A. Crowe Location Heard: Iqaluit, Nunavut Date Heard: January 26, 2021 Matters: Sentencing for manslaughter 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 ] Mr. Qirqqut pled guilty to manslaughter on November 16, 2020. [ 2 ] On Tuesday, January 26, 2021, I heard facts and submissions on sentencing. [ 3 ] My decision was adjourned until today’s date so that I could carefully consider the following:

a) The Victim Impact Statements, both written and oral;

b) The pre-sentence report prepared on behalf of Mr. Qirqqut;

c) A number of cases outlining various sentences for the charge of manslaughter provided by counsel;

d) Two psychiatric assessment reports outlining the status of Mr. Qirqqut’s mental health;

e) The fact that Mr. Qirqqut has no criminal record; and,

f) Mr. Qirqqut’s plea of guilt and his expression of remorse and apology. [ 4 ] I begin by expressing my sincere sympathy to both families affected by this incredible tragedy. [ 5 ] Notwithstanding the dreadful and significant loss felt by everyone affected, it is important 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 Rex Sallerina’s life. [ 6 ] 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 easier to understand. II. FACTS [ 7 ] An agreed statement of facts was admitted as exhibit number one in this matter. I accept those facts as outlined in that document and as agreed to by the Defence. The facts are quite lengthy and detailed. For today’s purpose I will provide only a

summary of the key facts as follows. [ 8 ] On November 16, 2017 in Gjoa Haven, Nunavut, Clifton Qirqqut stabbed his stepfather, Rex Sallerina, causing his death. [ 9 ] Clifton lived in a two-bedroom house with his mother, stepfather, half-sister, and two half-brothers. Rex, Sarah, and Maria slept in one bedroom while John and Mason slept in the living room. Clifton had his own bedroom because he was unable to share a room with anyone else for reasons including hygiene and mental health issues. [ 10 ] The incident occurred shortly after 12:00 p.m. Rex was doing the dishes.

Clifton’s mother Sarah and his half-sister Maria were eating lunch. Clifton’s two half-brothers, Mason (16) and John (13), were sleeping in the living room.

[ 11 ] Clifton came out of his bedroom with a steak knife and motioned as though he was stabbing Rex in the back. Sarah saw this and asked Clifton why he did that. Clifton responded by saying Rex was trying to poison him in his ear. Clifton then returned to his room. [ 12 ] Sarah and Rex began loudly discussing what had just happened when Clifton came rushing out of his room and stabbed Rex once in the chest. Rex and Clifton fell to the floor in a struggle. Rex got on top of Clifton with the knife still in his chest.

Mason woke up and intervened by pulling Clifton away from Rex who then stood up causing the knife to fall out of his chest. [ 13 ] Sarah asked Clifton for the knife. He said no and left the house throwing the knife under the porch steps. [ 14 ] Mason went to a neighbour and called the police. Rex was taken to the Health Centre where he died later that day. The cause of death was the single stab wound caused by Clifton. [ 15 ] Shortly after the stabbing, Clifton was arrested. Three separate statements were taken from him the day after his arrest.

The agreed statement of facts set out the content of those statements in detail. [ 16 ] Throughout the statements, Clifton talks about hallucinations he has had and is having. He talks about hearing voices and exhibits extreme paranoia when he describes that for many years, he is sure that Rex, and to a lesser extent Sarah, have been trying to hurt him and kill him. [ 17 ] I pause to note that the record shows that Clifton went to the local health centre in Gjoa Haven himself on several occasions to report these paranoid beliefs in 2015.

Nothing was done at that time. [ 18 ] In the third and final statement given by Clifton he says that he did not mean to hurt Rex and he did not mean to kill him. [ 19 ] Clifton was sent to the Brockville Mental Health Centre and examined by Dr. Anthony Adiele to be assessed as to whether he was criminally responsible for his actions at the time of the offence. [ 20 ] Dr. Adiele concluded that at the time of the report, Clifton was unfit to stand trial. He offered the opinion that Clifton was suffering from an acute psychotic disorder at the time of the offence.

The doctor went on to say however that Clifton would have known that stabbing another human being with a knife would have caused significant injury. He would have appreciated the nature of what he was doing, but not the quality of what he was doing. [ 21 ] While in Dr. Adiele’s care, Clifton related several important things. He said that he had been hearing voices since about the age of 16, that the voices had instructed him to harm other people and to harm himself, and that he thought people could hear or read his thoughts. Because of this, he stayed in his room and hardly ever left his house.

This behaviour and the beliefs underlying it were confirmed by Clifton’s mother, Sarah. [ 22 ] The accused explained that he was using marijuana on a regular basis. He stopped using it for a year when he was 24 but the voices strongly came back after he stopped. He started using again because it would in his words, “take away the voice just a little. But it will come back very strongly when the cannabis dies over”. [ 23 ] On the day of the incident Clifton had not smoked any marijuana as the family had no money.

He said the voices were very strong and very loud that day. [ 24 ] A second psychiatric opinion was provided by Dr. Hy Bloom on April 16 of 2019. Again, the long-standing mental health issues were evident in the discussions between doctor and patient.

[ 25 ] Clifton told Dr. Bloom that when he waved the knife around the first time, he had no intent to hurt Rex. He was trying to fake out the voice that he had heard in his head. He went on to say that at no point did he feel that he was going to use the knife. He said that he had stabbed Rex by accident. [ 26 ] Dr. Bloom found that Clifton would have known killing was both legally and morally wrong. He knew he was holding a knife and that a knife penetrates flesh and can hurt or kill. He was, therefore, criminally responsible for his actions. [ 27 ] Dr. Bloom went on to find Clifton fit to stand trial.

He conceded that the difference between his finding and the finding of Dr. Adiele may well have been the result of the time Clifton spent at Brockville Mental Health Centre between September of 2018 and April of 2019. [ 28 ] In a follow up email with Dr. Bloom, the question was put to him about whether Clifton’s mental state would have affected his ability to form the intent to commit murder.

The doctor said that Clifton had been experiencing psychotic symptoms and marked fear just prior to the offence and his capacity to form the intent necessary for murder was probably impacted by his mental health symptoms. [ 29 ] It is because of that lack of intent that Mr. Qirqqut is being sentenced today for manslaughter and not for murder. III. ANALYSIS OF JOINT POSITION [ 30 ] As the cases provided by counsel set out, there is a very wide range of sentencing options for someone convicted of manslaughter. It goes from no jail to life in prison.

The cases provided were helpful but not determinative. [ 31 ] Every sentencing is unique. No cases are exactly alike. [ 32 ] Crafting a fair and fit sentence in all the circumstances of the offence and the offender is the most difficult job of any judge.

It requires the careful balancing of specific facts related to both the offence and the offender. [ 33 ] This is a case where both counsel have put before me what is called a joint submission on sentencing. [ 34 ] Both Crown Counsel and Defence Counsel submit that the appropriate sentence is time served followed by three years’ probation. [ 35 ] Further to the SCC decision of R v Anthony Cook , I am required by law to follow the joint submission unless it is contrary to the public interest or would otherwise bring the administration of justice into disrepute. [ 36 ] This is a case where I have very capable and experienced counsel.

The joint submission put forward is, in this court’s view, appropriate in all the circumstances of this unique case and this specific offender. [ 37 ] The objectives and principles of sentencing contained in

section 718 of the Criminal Code have been met in the sentence proposed. Since Crown Counsel set them out in his submissions, I don’t feel a need to repeat them here. Suffice it to say that I am convinced that a great deal of hard work by both counsel has resulted in a fair and fit sentence which I intend to follow. [ 38 ] Proportionality is the cornerstone to crafting an appropriate sentence in every case. It is contained in

section 718.1 of the Criminal Code . That

section is very important, and it requires that any sentence I impose today must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 39 ] This is a case where the gravity of the offence is surpassed only by murder. Clifton took his stepfather’s life.

[ 40 ] However, this is a case where the state of Clifton’s mental health diminishes his moral blameworthiness and his degree of responsibility. [ 41 ] It is clear from the evidence provided that Clifton suffers from a condition beyond his control that goes to his culpability and to a degree provides an explanation for what occurred. [ 42 ] As of today, Clifton is being credited for almost five years in jail awaiting resolution.

That is the amount of time the Crown and Defence are seeking. [ 43 ] It is important to note that Clifton has never sought bail and he has never denied his responsibility. [ 44 ] I want to recognize in this case some comments made by Rex’s sister who gave a heartfelt victim impact statement orally to the court. [ 45 ] I agree with her position that this tragic event may have been prevented if Nunavummiut were able to access more appropriate and substantial mental health assistance. [ 46 ] Limited resources devoted to mental health by the government of Nunavut played the largest role in Clifton’s actions and Rex’s death.

IV. BACKGROUND OF THE ACCUSED [ 47 ] Clifton’s pre-sentence report tells the story of a very disturbed and mentally ill young man who tried hard over several years to get help but received very little. [ 48 ] At one point Sarah says that she noticed that Clifton was in her words “getting crazy from smoking marijuana”.

At that time, she tried to get help because she knew that something bad was eventually going to happen. [ 49 ] Subsequently Sarah and Clifton both participated in counselling sessions but according to Sarah it did not help very much. [ 50 ] The mental health workers in the small communities of Nunavut have a very difficult job to do and often the resources needed to make a difference in people’s lives are very costly and only available in the south. [ 51 ] The accused started smoking drugs at age 12 and would smoke at least twice a day and every day. He also drank alcohol on occasion.

The money was provided to him without any necessity for him to earn it himself, knowing that it was going to be used for that purpose. In essence Clifton was spoiled and most often left to his own devices throughout his young life. [ 52 ] Clifton rarely ever went to school. Sarah said in the pre-sentence report that he made it to grade six because the school felt a need to keep him with his age group. Sarah went on to say that right up to the time he was twelve he barely ever went to school. She told the author of the report that Clifton attended a half of a day of school in six years.

He learned, according to Sarah, so much by watching kids’ programs on TV while at home during those years. [ 53 ] Rex was Clifton’s stepfather, and he did not know his biological father hardly at all. In his early years he was raised partly by his grandparents. [ 54 ] Rex and Sarah were together for approximately ten years. Sarah says that all they did was fight and that Clifton saw most of it.

[ 55 ] He eventually became very isolated and anti-social. I am sure that the family violence within the home contributed to his mental health over time. V. SENTENCE [ 56 ] Clifton has no criminal record and no history of violence of any kind. [ 57 ] I consider this to be an early guilty plea. Although it has been a very long time since the offence, several things have occurred that are beyond Clifton’s control. [ 58 ] It was very necessary in this case for a considerable amount of time to be spent on assessing and confirming Clifton’s mental health status in preparation for a proper resolution.

The Covid-19 pandemic also played a role in delay. [ 59 ] Clifton has spent his time in jail wisely. Eight certificates of completion have been entered. These programs were taken while he was in jail and they speak to his chances for rehabilitation which is always an important consideration in every sentencing. [ 60 ] Clifton completed the Alternative to Violence Program three times; once in 2018, once in 2019 and once in 2020.

He also completed the Healthy Families Program. [ 61 ] In 2019 and 2020 Clifton completed the Inside Out Smart Recovery Program and finally, in 2019 and 2020 he completed the Substance Abuse Program. [ 62 ] This is something for you to be proud of Clifton. [ 63 ] For all of the reasons stated above the sentence of this court will be as follows. [ 64 ] As I said previously Clifton Qirqqut has spent a long time in jail waiting for this matter to be resolved. He has spent 1,171 real days.

By law he is entitled to what is called enhanced credit at the rate of one and one half day for every day spent in custody for a total pre-trial custody of 1,757 days which is the total jail sentence that I am imposing on today’s date. That amounts to close to five years. [ 65 ] That jail sentence is to be followed by three years of probation. [ 66 ] The conditions are unique to Clifton’s specific circumstances.

I am hoping that they will go a long way to addressing Clifton’s mental health issues and the concerns expressed by both families in relation to Clifton’s future. [ 67 ] They are meant to keep Clifton, his family. and his community safe. [ 68 ] You will report to the probation officer in Gjoa Haven within five days of your arrival back in the community and thereafter when directed. [ 69 ] You will reside at a residence approved by the probation officer. [ 70 ] I would ask that the probation officer spend some time with Clifton to put the following conditions in simple language that Clifton can understand and I am hoping that Sarah will attend that first meeting with her son.

[ 71 ] Those conditions are as follows: 1. You will take reasonable steps to maintain yourself in such condition that:

a) your mental health will not likely cause you to conduct yourself in a manner dangerous to yourself or anyone else; and

b) it is not likely you will commit further offences. 2. You will, as I have said, report to your probation officer within 5 days of your return to the community and thereafter as directed. 3. You will thereafter attend as directed from time to time at the Health Centre in Gjoa Haven for the purpose of receiving such medical counselling and treatment as may be recommended except that you shall not be required to submit to any treatment or medication to which you do not consent. 4.

If you do not consent to the form of medical treatment or medication which is prescribed or recommended, you shall forthwith report to your Probation Officer and thereafter report daily to your Probation Officer. If directed to do so by your Probation Officer, you shall report to the Health Centre in Gjoa Haven, Nunavut, for the purpose of being monitored with respect to a possible breach of condition one above. 5. You shall provide your treating physician with a copy of this order and the name, address and telephone number of your Probation Officer.

You shall instruct your treating physician that if you fail to take medication as prescribed by him or fail to keep any appointments made with him, he is to advise your Probation Officer immediately of any such failures. 6. Except when eating or preparing food, you will not have any knife in your possession. VI.

ANCILLARY ORDERS [ 72 ] I am also required by law to impose the following mandatory orders. [ 73 ] You shall provide a sample of your DNA for purposes of its inclusion in the national database. [ 74 ] You are prohibited from using or possessing any firearms, ammunition, or explosive substances for a period of ten years pursuant to

section 109 of the Criminal Code . [ 75 ] I am thinking the Crown may also seek an order of forfeiture if the knife was seized. If so I am prepared to make that order. [ 76 ] I will waive the victim of fine surcharge due to undue financial hardship. Dated at the City of Iqaluit this 29th day of January, 2021 ___________________

Justice B. Tulloch Nunavut Court of Justice