Tempering Canadian Justice

Laimiki's assault on Ovilu was unprovoked, and senseless. In a cowardly display, Laimiki and his brother Archie, two grown men under the influence of alcohol, attacked a sober Ovilu because she stood up for Archie's spouse after Archie became abusive towards her."

"The attack was lengthy and persistent and took place in the presence of Archie's spouse and their four young children."

"This is a significant criminal record [14 convictions between 2017-2921] for a man who was only 23 years old when he went into custody for the attack on Ovilu, and it spans his entire adult life up until that point."

"I further note that in 2023, a year-and-a-half after being incarcerated, he was released on bail, only to be arrested 12 days later on new, unrelated charges and remanded back into custody." 

Justice Christian Lyons, Iqaluit, Nunavut Court of Justice

The courthouse in Iqaluit, Nunavut. Photo by Emma Tranter/The Canadian Press/File

 

Laimiki Toonoo, an Inuit man, was convicted of the intention of choking a woman to death when she tried to protect his abused sister-in law. The judge, taking into account that conviction based on clear evidence decided to sentence the man to eight years and two months in prison for that attempted murder of Ovilu Saila. Citing Toonoo's Indigenous status, his mental state and that a shorter sentence would enable him to remain in Canada's northernmost territory to serve his time there, Justice Lyons took two years off the 10-12 year sentence he would otherwise have chosen commensurate with the crime. 

 

Sentencing by this judge took into account the man's 'chaotic childhood', of the trauma he experienced when his father died when he was eight years old, and Toonoo spoke of himself as an 'abandoned kid' reliant on times when his mother took him in or he stayed at the homes of friends. "Laimiki is an Indigenous man, and these life experiences are significant Gladue factors that are mitigating on sentence", the judge explained. 

 

The Gladue defense relates to Canada's Indigenous population where judges are expected to take into account criminal perpetrators' life experiences in sentencing. It is meant to address and ameliorate in law the over-representation in Canadian prisons of Indigenous people. Citing underprivileged backgrounds and social discrimination experienced by the Indigenous population, the Gladue defense minimizes sentencing for criminal acts ranging from theft to murder. 

 

Since the attempted murder, Laimiki has been in custody save for the 12 days he was released on bail in 2023, and therefore has credit for over four years in jail, explained Judge Lyons. While the man's defence asked for a 6-year sentence, effectively working out to time served with enhanced credit for pre-sentence custody, the Crown disagreed; "given the aggravating factors, and Laimiki's high risk of reoffending, a penitentiary term going forward is necessary". 

 

Kinngait, Cape Dorset   Photo: destinationnunavut.ca

 

The details of the crime committed by Laimiki and his brother Archie describe a vile and violent attack against a defenceless woman. Both brothers, one the husband of an abused wife who stood nearby with her children as the attack commenced, and his brother, initially attacked Ovilu Saila. Laimiki began choking the woman while Ovilu attempted to defend herself, until she fell unconscious and her assailant continued choking her, as Archie told his brother to desist. 

 

Because she was still breathing, Laimiki suggested to his brother they could hang the woman and say she had committed suicide, to which once again Archie expressed a need to stop the assault. Ignoring his brother, Laimiki tied a phone charger cord around the woman's neck, attaching a scarf to the cord to make it long enough to hang her from a bolt in a wooden beam. When the cord under pressure snapped, Ovilu regained consciousness while Laimiki continued the assault and Archie called police to report a woman hanging.

 

This event took place in 2021 in Kinngait, a hamlet on Dorset Island. Ovilu was left with significant swelling and bruising to her face, a cord indentation around her neck, and redness and scratches to her neck area, and leaving her with deep emotional trauma. When she escaped the home to report to the nearby RCMP detachment in the hamlet, the cord was still tied tightly around her neck. 

 

At the prison in Iqaluit where Laimiki was incarcerated, a month after his attack on Ovilu, he broke his hand when he punched another inmate. Since that inmate attack, noted the judge, "Laimiki has been stabilized in custody as he has been medicated and kept free from alcohol and illicit drug  use". Since the December 3 sentencing, two years less a day remain of his sentence, allowing him to serve that time out in Nunavut. His brother Archie was sentenced to two years of probation for his role in the attack. 

 

Sunset and Stars, Travel Nunavut

"The imposition of a territorial sentence allows me to put Mr. Toonoo on a lengthy probation order following his release, that requires him to meet with mental health workers, and psychiatrists, and to not drink alcohol or consume illicit drugs."

"This would not be an available option to me if I were to impose a further federal sentence of two years or more."

"He reported feeling more alive in custody [in an Iqaluit jail] and that he has learned to respect others. He is surrounded by other Inuit, and is much closer to home, and has access to programs."

Justice Christian Lyons, Nunavut Court of Justice