Nunavut man gets time served for sex offence against minor

The Arviat man who faced two trials last week in relation to multiple alleged sex crimes against children is now free, after having served two-and-a-half years of pre-trial detention.

Justice Bonnie Tulloch found Billy Iblauk not guilty on one charge of sexual assault, but guilty on a second count of sexual interference involving an eight-year-old girl in his first trial before the Nunavut Court of Justice in Iqaluit.

But because he has been held in pre-trial custody for two-and-a-half years since his arrest in November 2011, Tulloch saw no reason to keep him in there and handed down a sentence of time served.

All nine charges in Iblauk’s second trial, which involved two other child victims, were dismissed .

The two charges in the first trial stem from an Oct. 2011 incident when Iblauk sneaked into a young girl’s room while she slept, undressed himself and the girl, and simulated having sex with her.

Tulloch deemed there was enough reasonable doubt to acquit him of sexually assaulting the girl, but she did find him guilty of sexual interference.

Iblauk’s freedom is a belated birthday present — he celebrated his 29th birthday a day prior to his release.

After Tulloch gave her decision at the Nunavut Court of Justice, Iblauk stood up, turned to defence lawyer Tamara Fairchild and asked, “I’m going home?”

Fairchild said yes, and Iblauk grinned, shook his lawyer’s hand and said, “thanks.”

During the April 24 court session, Iblauk also pleaded guilty to uttering a threat while he was inside the Baffin Correctional Centre.

Iblauk twice threatened to shoot or kill three RCMP officers at BCC on June 28, 2013.

While in prison, Iblauk wanted to inquire about making a complaint against RCMP members in Arviat in relation to his arrest.

But he became frustrated and angry, the court heard, and said that once he got out of jail he would shoot or kill the three cops when he got out.

Fairchild assured the court that Iblauk has no intention of doing so after he leaves BCC.

In her sentencing submission to the judge, Crown prosecutor Priscilla Ferrazzi had sought three-and-a-half years imprisonment for Iblauk —a term that would have kept him in prison for another year.

Ferrazzi said Iblauk was a person of trust in the girl’s life, and that he preyed on a “significantly vulnerable person.”

But Fairchild disagreed, saying Iblauk didn’t have a criminal record and that his crime was a “one time incident” that lacked a predatory aspect.

Iblauk also dealt with a “tremendous” number of delays in this case — including a scheduled trial in Arviat that fell through because of a “miscommunication” between previous lawyers, Fairchild said.

Iblauk, who Fairchild said is schizophrenic, also needed a mental fitness assessment, which further stalled proceedings.

Before giving Iblauk his sentence, Tulloch said there’s “no doubt that this is a serious matter that requires serious consequences.”

Tulloch also handed Iblauk two years of probation.

Under the probation order, Iblauk must avoid contact with the victim or her direct family members, and must always have a responsible adult around if a minor is in the room.

“Billy, what you did was very bad,” Tulloch said to Iblauk.

Tulloch said he can never touch anybody, especially children, like that ever again.

Iblauk grinned, nodded, and said “yeah.”