R. v. Sateana, 2016 NUCJ 20

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Sateana, 2016 NUCJ 20 Date: 20160728 Docket: 08-15-241 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused Dwayne Sateana ________________________________________________________________________ Before: The Honourable Madam Justice Cooper Counsel (Crown): Christian Lyons Counsel (Accused): James Morton Location Heard: Rankin Inlet, Nunavut Date Heard: July 27-28, 2016 Matters: Criminal Code of Canada , RSC 1985, c C-46, s. 236; s. 270 ; Sentencing REASONS FOR JUDGMENT (Delivered Orally) (NOTE: This document may have been edited for publication)

I. INTRODUCTION [ 1 ] Dwayne Sateana has plead guilty to manslaughter for the death of Edith Angalik. [ 2 ] He is before the court to be sentenced. II. BACKGROUND A. Why a manslaughter plea [ 3 ] Manslaughter is the commission of an unlawful act which causes the death of another person without having intended to cause death. [ 4 ] In the context of this case, Dwayne has plead guilty to manslaughter and the Crown has accepted that plea because Dwayne was so grossly intoxicated that there is a question as to whether he could form the necessary intent for murder. B.

The victim [ 5 ] Edith was in her mid-twenties when she died. She was the youngest child in a loving, supportive family. She was a mother of three young boys. She should have been experiencing the joys of motherhood, caring for her children, and planning for the future. Unfortunately, when she separated from the father of two of her sons she had a difficult time, turned to alcohol, withdrew from her family, and was not able to turn things around. III. FACTS [ 6 ] Dwayne and Edith first came together as “drinking buddies” and quickly became a couple. The relationship was difficult from the beginning.

It was plagued with alcohol abuse and violence. [ 7 ] When they were first together they lived with Dwayne’s parents, but this was short lived as the family could not put up with the drinking. [ 8 ] The couple was taken in by Dwayne’s uncle, who also had issues with alcohol. [ 9 ] Edith’s parents did not approve of her relationship with Dwayne so the couple spent little time at their home. Edith’s three sons lived with her parents. As Edith became more and more estranged from her family she would sometimes go weeks without going to their home.

[ 10 ] Dwayne was violent and abusive when he was drunk. The escalation of the violence was evident to those around them. Edith’s family saw her with bruises and black eyes. Edith had always taken pride in her appearance, but she was now slovenly and unkempt. Family members were concerned for her. They told her that she should not be with Dwayne, that he was dangerous, and that she could come and make her home with them.

Edith either told them she was fine or she told them that she was afraid of Dwayne and too scared to leave him. [ 11 ] Her parents loved her, but it seemed they could not do anything to help her. [ 12 ] On November 3, 2014, just 19 days before Edith died, her mother wrote to the Royal Canadian Mounted Police [police] with a desperate plea for help. The police did what they could. They spoke with Edith to see if she would provide a statement, but she refused. Before this, Edith’s mother had contacted other agencies for help. The parents were desperate to get their child out of this very dangerous situation.

Unfortunately, Edith was not yet ready to accept help. [ 13 ] Just two days before she died, Edith was at her parent’s home, on the porch with her father and speaking about her relationship with Dwayne. Her father said to her “look daughter, this is going to have to stop before it is too late”.

That was the last time he saw his daughter alive. [ 14 ] One can only imagine the anguish of the parents and the family; watching their beloved youngest daughter and sibling suffer to such an extent, offering help at every opportunity, only to have to watch her return to the abuse. [ 15 ] If it is any consolation to the family, Edith may not have accepted the help that was offered, but she always knew that her family was there for her and that she was loved.

She knew that her own children were being loved and cared for during a period of her life when she was unable to care for them herself. [ 16 ] On November 22, 2014, Dwayne and Edith were drinking at a couple of different residences. Dwayne became drunk and angry. At one point he punched his uncle, leaving him with a black eye. A few hours later he asked his uncle how he got the black eye. Dwayne had no recollection of having punched him.

During the evening he also punched Edith a number of times because he thought she had kissed someone else. [ 17 ] At about 3:00 am, Dwayne and another male [SA] left the residence to find another party. Edith and two males, one of whom was passed out upstairs, were left in the house. Sometime later, Dwayne and SA returned and came upon Edith and one of the males, LT , getting dressed, having just had sex. Dwayne became enraged. He fought with LT. That fight ended when LT passed out. [ 18 ] Dwayne then turned his anger towards Edith. He started to beat her. She did not fight back.

She could not defend herself as she was highly intoxicated. She begged him to stop. [ 19 ] SA witnessed part of the beating and was extremely afraid of Dwayne. SA went upstairs and passed out. [ 20 ] Dwayne beat Edith in the living room and he beat her in the laundry room. It is not clear how long the beating went on for. [ 21 ] Edith had numerous injuries to her head and body. There were copious amounts of blood in the laundry room where she had been beaten. The cause of death was a laceration to her liver which led to internal bleeding.

It is likely that she died in the house where the beating had occurred. [ 22 ] At some point, Dwayne put Edith outside on the porch. She was half naked and temperatures were hovering at about -30. [ 23 ] Dwayne went upstairs to try and get one of the other males to continue drinking with him. However, they refused and he was told to leave the residence, which he did.

[ 24 ] Dwayne dragged Edith’s body back towards the residence they shared. As he approached his residence, a neighbour saw what was happening, went outside, and approached him. The neighbour assisted in moving Edith a few feet, but it was apparent to him that she was dead. He told this to Dwayne, but Dwayne said that she was simply cold and that she was not dead as she was snoring. [ 25 ] The neighbour returned to his residence where his wife was already on the phone to the police. [ 26 ] When the police arrived, Edith had been dragged into the house and laid on the couch.

She was badly beaten and it was obvious that she was dead. [ 27 ] Dwayne was arrested and taken into custody. He was still intoxicated. He denied that Edith was dead, he denied having killed her, saying that LT had raped and killed her. He became agitated and aggressive. He spit blood and saliva at one of the police officers and kicked at the inside of the police truck. His mood swung from angry and violent to depressed and crying. [ 28 ] However, it was not long before Dwayne was able to admit to what he had done. IV. SUBMISSIONS A.

Victim impact statements [ 29 ] The Court has been provided with four Victim Impact Statements . [ 30 ] Her mother speaks of the anger and the hatred she still feels. She had difficulty sleeping for several months after Edith’s death. She was haunted by the suffering her daughter went through at the end of her life. [ 31 ] Edith’s aunts speak of the empty place that now exists at family gatherings. They speak of the pain of having lost their niece and of suffering from depression.

They speak of the difficulties that this has caused between the extended families, some of whom used to be very close and now have a hard time exchanging simple pleasantries. [ 32 ] A friend speaks of the emotional toll this has had on her and feelings of both sadness and anger. [ 33 ] The anguish and pain of the family and friends of Edith will continue once these court proceedings are concluded. No decision of this court can bring her back. It is hoped that with the passage of time the good memories of Edith will bring comfort and ease the pain. B.

Positions of the parties [ 34 ] The Crown and Defence agree that an appropriate sentence is one of 13 years in jail, less credit for time served in custody since his arrest. [ 35 ] The law recognizes that the time spent in custody while awaiting sentencing is inherently different than the time spent in custody serving a sentence. Generally, an inmate awaiting sentencing does not have the same opportunities to take programs or to work. The time spent in custody awaiting sentence is not considered in determining when an offender may be eligible for early release.

[ 36 ] It is for these reasons that the law allows the Court to credit the time spent in pre-sentence custody towards the final sentence at a rate which is greater than the actual time spent in custody before sentencing. [ 37 ] The law provides that pre-trial custody may be credited towards the final sentence at a rate of up to 1:1.5. The lawyers agree that credit for the pre-sentence custody should be at the rate of 1:1.5 . C.

Circumstances of the offender [ 38 ] The court was provided with a Psychosocial Assessment [ Assessment] prepared by Abe Kass, a qualified social worker. [ 39 ] It is important to note that the Assessment is not a psychological assessment of Mr. Sateana. It does not diagnose or rule out any mental health concerns. It does provide the Court with information regarding his personal circumstances, his family situation, the experiences and people who have influenced him, and it makes recommendations for further assessments and treatments. [ 40 ] Dwayne is 31 years old and is from Rankin Inlet.

He is the oldest child in the family. He has a brother and two sisters. [ 41 ] Dwayne was raised by his parents, who had support from his grandmother in his early years, until she moved to Yellowknife when he was 13. He missed his grandmother very much when she left. The parents were loving, caring, and hardworking, but they both had serious issues with alcohol. There were periods of binge drinking intermingled with periods of sobriety, but unfortunately, as is usually the case, the drinking overshadowed everything in the home.

The children did not have a Christmas that was not ruined by alcohol. [ 42 ] Dwayne’s father would become aggressive and violent when he was drunk. [ 43 ] When he was about 11 years old, Dwayne’s mother started to turn to him for protection from his father. Instead of being able to go to his parents for protection and guidance, as he should have been able to, Dwayne found himself in the role of protector for his mother and having to defy, confront, and even physically fight his father.

This unnatural state of relations had a deep and lasting impact on Dwayne. [ 44 ] From a very young age Dwayne started to stay out late, hanging out around town, so as to avoid going home. This led to petty crime and conflict with the law. He started using substances at a very young age, starting with snuff and going on to alcohol and drugs. There is no doubt that he is an alcoholic. [ 45 ] He spent one year in Aklavik, NWT with relatives. However, he continued to get into trouble there.

Indeed, he was convicted for break and enter and for breaching court orders while there. [ 46 ] At a young age, Dwayne showed promise in school. He received academic awards and was particularly good at math. He did not complete high school, however, he is clearly intelligent and has the potential to do well. At the time of his arrest he was enrolled in a boiler mechanics course at Arctic College, but his attendance was poor. [ 47 ] Dwayne has had three significant relationships with women. His first relationship was short term, however, his partner became pregnant and together they have a son, now 9 years old.

Dwayne has never parented this son, rarely sees him, and does not have a relationship with him.

[48] His next significant relationship was with Stephanie. They were together for 5 years and they too have a son together. Dwayne isclose to this child. His relationship with Stephanie was characterized by alcohol and violence. For a period of time they lived in Ottawa,as Stephanie’s parents had moved there and she wanted to be close to them. During this time in Ottawa, Dwayne was convicted ofassaulting Stephanie, of uttering threats, of harassment, and numerous breaches of court orders. He spent much of his time in custodywhen they were in Ottawa.

Stephanie’s parents were concerned for the safety of their daughter and their grandson and would not allowDwayne in their home. Stephanie ultimately ended the relationship and Dwayne moved back to Rankin Inlet. [49] It was in Rankin Inlet, in approximately 2012, that he met Edith and they commenced a relationship. [50] Dwayne has a lengthy and serious criminal record. His first conflicts with the law were as a youth when he was convicted of manyproperty offences. The criminal record includes many offences of violence.

Although it may not be reflected in the criminal record, it isnot in dispute that he was violent towards his intimate partners. V. ANALYSIS A. Range of sentence available [51] The Criminal Code of Canada, RSC 1985, c C-46 [Criminal Code], provides for a wide range of available sentences formanslaughter convictions, from probation to life imprisonment.

This wide range of sentencing options reflects the variety ofcircumstances, from near accident to near murder, that fall within the definition of manslaughter. [52] Indeed, the varied nature of spousal manslaughter cases are reflected in the various sentencing decisions of this court, ranging fromconditional sentences (when it was available) in R v Deschene 2001, court file #IQ00146CRF {unpublished decision}, to one year incustody (R v Ussak, 2013 NUCJ 9 , 2013 NUCJ 09, 2013 CarswellNun 15), and upwards to 15 years (R v Anablak, 2008NUCJ 9 , 2008 NUCJ 09, 2008 CarswellNun 8). B. Principles of sentencing [53]

Section 718 of the Criminal Code sets out the purposes and objectives of sentencing. It states: The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for thelaw 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 and the harm done to victims or to the community that is caused by unlawful conduct;

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

c) to separate the offender from society, where necessary;

d) to assist in rehabilitating offenders;

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

f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.[1] [54] The Criminal Code provides that it is aggravating that an offence involves the abuse of a spouse or common-law partner. Anintimate relationship is meant to be a safe haven for both partners, a place where each can find support, respect, and love. A relationshipwhere one partner dominates, controls, and abuses the other strikes at the core of what an intimate relationship should be. [55] The sentence that is imposed must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

[56] Pursuant to Criminal Code s. 718.2, I am also required to consider the particular circumstances of Aboriginal offenders. I wish toaddress the notion that this means that Aboriginal offenders are entitled to a reduction in what would otherwise be an appropriatesentence simply by virtue of their Aboriginal status. This is not so. [57] This particular provision in the Criminal Code was enacted in recognition of the over-representation of Aboriginal people in theCriminal Justice System and in our jails.

It is intended to address those concerns by requiring the courts to approach the sentencing ofAboriginal offenders with regard to both systemic and individual factors that play a role in bringing Aboriginal people before the courtsin disproportionate numbers. [58] The systemic factors that influence criminality in Nunavut are well known and well documented.

Residential schools and theirinter-generational impact; over crowded, sub-standard housing; poverty; low levels of education and employment; high rates of alcoholand substance abuse; high rates of domestic violence and sexual abuse; high rates of suicide, all contribute to a crime rate andincarceration rate significantly higher than the national average. [59] As a general rule, the more serious and violent the crime, the less difference there will be in sentences imposed on Aboriginal andnon-Aboriginal offenders.

This is because the sentencing principles of denunciation and general deterrence take on greater significancethe more serious the crime. [60] I have discussed this sentencing principle at some length because, in my view, it is a sentencing principle which this court is calledupon to give effect to on a regular basis, but which it is unable to implement in any meaningful way. [61] Dwayne Sateana has felt the effect of many of the factors discussed by the Supreme Court of Canada in R v Gladue, (SCC), [1999] SCJ No 19, [1999] 1 SCR 688 (QL) [Gladue], and R v Ipeelee, 2012 SCC 13, [2012] 1 SCR 433 [Ipeelee].

He wasbefore the court many times before he killed Edith. His difficult background and his severe alcohol addiction would have been apparentto the court on those occasions. Yet, with the exception of the spousal abuse program, which is unique to Rankin Inlet and which he wasable to access, the court would have been unable to craft sentences which addressed his deep seated issues and alcohol addiction becausethe territory has no treatment or rehabilitation facilities and few counselling or mental health services.

It is not possible to say whether hewould have been responsive to treatment, there was no opportunity to find that out. [62] In determining a fit sentence I must consider those factors that are aggravating and those that are mitigating. [63] For reasons which have already been discussed, it is aggravating that the victim of this offence was an intimate partner. [64] Dwayne’s criminal record is an aggravating factor. He does not come before the court as a person of prior good character. [65] His pattern of abuse towards his intimate partners is seriously aggravating. This was not an isolated case of striking out.

This wasthe culmination of years of escalating abuse towards intimate partners. [66] It is to Dwayne’s credit and it is mitigating that he has entered a guilty plea. Hopefully this is some relief to family members as it isan acknowledgement of responsibility and an indication of remorse. [67] In addition to the guilty plea, Dwayne has provided a written statement to the Court in which he accepts full responsibility for whathe did and expresses remorse. I accept that he is truly remorseful for what he did.

[ 68 ] The sentencing principles of denunciation and general deterrence are the overriding sentencing principles in this matter. The Court must denounce in the clearest of terms that the abuse of one’s partner is a violation of social norms that will not be tolerated. Those who drink knowing that they are prone to violence when they drink, must receive the message that they will held fully accountable for their conduct. [ 69 ] A number of similar cases have been provided to the Court and discussed by the lawyers.

I will not review them except to say that they support the joint submission as being within the range of appropriate sentences for this offence. VI. CONCLUSION [ 70 ] I accept the joint submission put forward by counsel. [ 71 ] The sentence is: 13 years. A.

Credit for pre-trial custody [ 72 ] Dwayne has been in custody since his arrest on November 22, 2014, a total of 614 days. [ 73 ] I agree with the lawyers that he should receive credit for pre-sentence custody at a rate of 1:1.5. [ 74 ] There will be credit for 921 days. [ 75 ] The sentence remaining to be served is 3,824 days, approximately 10.5 years [ 76 ] Dwayne has also plead guilty to a charge of assaulting a police officer in relation to his conduct in the police vehicle at the time of his arrest. [ 77 ] On that matter there will be a sentence of 60 days, to be served concurrently. B.

Ancillary orders [ 78 ] There shall be a DNA order as this is a primary designated offense. [ 79 ] There will be a firearm prohibition for life under Criminal Code s ection 109. Dated at the City of Iqaluit this 28th day of July, 2016

___________________ Justice S. Cooper Nunavut Court of Justice