R v. Alariaq, sentencing

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nunavuumi iqkaqtuijikkut

NUNAVUT COURT OF JUSTICELa 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 ofsecond degree murder, for the vicious and senseless killing ofKarl Qinnuayuaq, a 16 year old boy.

[2] During the night of April the 15th and into the morning of April the16th, 2012, 28 year old Mathewsie Alariaq was drinking. He hadrecently separated from his partner and was on conditions tostay 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 girlfriendat her residence but did not end up spending the night with her.

[4] He, along with two teenage cohorts, broke into the residence ofhis cousin Jamesie Alariaq, who was away in Iqaluit. They stolealcohol, which they consumed, along with numerous carvingsand cash.

[5] Alariaq and one of the teenagers ended up at the residence ofLucassie Mikkigak. A fight broke out when Mr. Mikkigakattempted to remove Alariaq from his residence. Alariaqattacked Lucassie Mikkigak with a box-cutter, causing injuries tohis face and neck.

[6] Alariaq returned to the Qinnuayuaq residence. The door waslocked. He knocked, no one answered, so he kicked the door in.

[7] Shortly after 6:00 am on April 16th, Adla Qinnuayuaq camedownstairs to find the door broken and Alariaq in the kitchen.

She understandably became upset with him, telling Alariaq sheregretted allowing him to live at her house.

[8] Alariaq became even more upset. He decided he would killhimself, but before doing so he would kill Karl too, to showeveryone how angry he was.



[9] Armed with a red handled hunting knife that he had stolen fromthe residence of Jamesie Alariaq, Mathewsie Alariaq entered thebedroom of Karl Qinnuayuaq, who was lying on his bed, halfasleep. He attacked Karl with the knife, inflicting 51 injuries toKarl’s head, neck, trunk and arms. Karl fought desperately tosave his life. His brother Audlaluk, who had been sleeping in aroom down the hall, heard him screaming and the sounds of astruggle. Five of the wounds penetrated the chest and abdominalcavities.

[10] Adla Qinnuayuaq and her son Audlaluk ran out of their home toget help. Neighbours called the police and Karl was rushed tothe nursing station by the RCMP. The injuries were far toosevere 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 hiscousin’s home, where he barricaded himself in, armed withnumerous weapons. After many hours of negotiations, hesurrendered 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 convictionsin 2010, including assault and assault causing bodily harm.

[13] He is Inuit and was raised in the Hamlet of Cape Dorset. Hisparents, I am told, both had significant alcohol problems. Hisfather was frequently abusive and violent towards him when hewas a child. I take the particular circumstances of this aboriginaloffender into due consideration, as I must.

III. THE SENTENCE

[14] The sentence for the offence of second degree murder is, bylaw, one of life imprisonment. For the rest of his life, Mathewsie

Alariaq will be under the control of the Correctional Service ofCanada; either in prison or out on parole. The law also providesthat he must serve a minimum of 10 years in prison before



becoming eligible for parole. The court has the discretion to raisethis minimum but cannot go below it.

[15] Both Crown and Defence have recognized that this case calls forsomething more than the minimum 10 years and have jointlyrecommended that I impose a parole ineligibility period of 12years.

IV. PAROLE INELIGIBILITY – ANALYSIS

[16] In determining the appropriate period of parole ineligibility, the

Criminal Code1 tells me to consider the character of the offender,

the nature of the offence, and the circumstances surrounding itscommission, which in this case are horrendous.

[17] It is hard to imagine a more pointless death than that of KarlQinnuayuaq, whose only fault apparently was being part of thefamily that offered assistance to Mathewsie Alariaq when he hadnowhere else to live. Murdered while he lay, defenceless, in hisbed; desperately trying to escape while he was stabbed againand again, while his mother and brother came to the shockedrealization of what was happening to their loved one – Karl’smurder falls into the category of killings which can be describedas starkly horrible.

[18] I have to take into account the plea of guilt, and I have done soto a significant extent in following the joint recommendationbefore me. Were it not for the guilty plea, a parole ineligibilityperiod of greater than 15 years would likely have been imposed.

[19] As is so often tragically the case in Nunavut, excessiveconsumption of alcohol played a role in this murder. While it wasa contributing factor, his actions were obviously highly intentional

and it does not impact on his level of criminal responsibility. Ialso do not find that it was completely out of character for him.He appears to have a pathological capacity for selfishness.

1 Criminal Code, RSC 1985, c. C-46



[20] Since his incarceration at the Baffin Correctional Centre, he hasbeen a bully and a trouble maker. On one occasion he evendelivered a beating to an older brother of the victim. He was notintoxicated during any of the many incidents at the institution. Hisbehaviour shows a pattern of disregard for others and is at oddswith his claims of an ongoing state of remorse.

[21] Adla and Audlaluk Qinnuayuaq testified at the preliminary inquiryin 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 orother pathology in this case. I expect, however, that CorrectionsCanada will look long and hard at Mathewsie Alariaq beforeconsidering his release on parole. Unless he takes significantsteps to address whatever his issues may be, I doubt that heshould be released after serving the minimum 12 years which Iam about to impose.

V. SENTENCING AND FINAL WORDS

[23] The sentence of the court is imprisonment for life. Paroleineligibility is set at 12 years. I make a firearm prohibition unders. 1092

for life. I am not going to entertain an exception under s.1133. There will be a DNA order. The victim of crime surcharge iswaived for reasons of hardship.

[24] To Adla and Audlaluk and other members of the family of KarlQinnuayuaq: there is nothing I can say that comes close toaddressing the degree of hurt you have suffered. You have my

deepest sympathies for your loss.

2 Ibid , s.109

3 Ibid, s.113



[25] Court is closed.

Dated at the City of Iqaluit this 6th day of November, 2013.

___________________

Justice A. Mahar

Nunavut Court of Justice

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R v. Alariaq, sentencing