Man convicted of sexual assault wins appeal to reduce sentence
Paul Tuluqtuq will get a 120-day conditional sentence
A Nunavut Court of Appeal judge has reduced the sentence of a man convicted in 2024 in Baker Lake of sexual assault, concluding the original sentence of two years less a day is “illegal” for a summary offence. (File photo)
A Nunavut appeal court judge has ruled the sentence of a man convicted in Baker Lake for a sexual assault was “illegal” because it contravened the maximum applicable sentence under the Canada’s Criminal Code.
Now-retired judge Paul Bychok sentenced Paul Tuluqtuq on April 11, 2024, to two years less a day in jail for the sexual assault of a female acquaintance in September 2023. Tuluqtuq had pleaded guilty to the charge.
Bychok rejected a joint sentencing submission from Crown and defence lawyers that recommended Tuluqtuq be given a 120-day conditional sentence, calling the suggestion “far out of whack” of judicial norms.
A conditional sentence is a form of punishment served in the community, under conditions such as house arrest or curfew.
The sentence Bychok imposed exceeds the maximum for a summary conviction, which is 18 months, Nunavut Court of Appeal judge Justice Shannon Smallwood decided after hearing Tuluqtuq’s appeal on Feb. 10.
She noted in her decision that a sentencing judge should not reject a joint submission “lightly.” Part of deliberation should be a comparison to other relevant cases, she said.
“The sentencing of an individual offender does not occur in a vacuum,” she wrote, adding Bychok did not refer to any other cases to demonstrate what the appropriate sentencing range would be in a case like Tuluqtuq’s.
Smallwood ultimately ruled that the original joint submission should be accepted and reduced Tuluqtuq’s sentence to a 120-day conditional sentence, followed by 12 months probation.
Justice system is really a joke once again .
What would you prefer . ” lynch mob justice ” ?
Being a judge is such an awesome responsibility. Not only are you responsible for bringing justice to victims, but you also hold an offender’s freedom in your hands. Most importantly, you owe it to the community to follow the law. With that in mind let’s look at what happened here:
– Justice Bychok overruled a joint submission which the law says you can’t do unless it is grossly unfit. Justice Bychok provides no compelling reasons as to why the proposed sentence is grossly unfit. Shockingly he doesn’t even provide any case law to support any sentencing range for this case.
– After basically criticizing the lawyers for an ill conceived submission, Justice Bychok in his zeal to impose the longest and most punitive sentence he can think of, doesn’t even bother to check to see if it’s lawful!!
-So, right after the judge tells the lawyers that their position is out of whack, he proceeds himself to impose a sentence that’s illegal. The offender leaves the court that day expecting to serve a sentence that’s longer than our law would allow!
With respect, what an embarrassment. Nunavumiutt deserve better
Make Iqaluit Great Again, lucky for you that this judge has now retired. You will have to bash another judge now. Longest and most punitive sentence – two years less than a day? Hardly. In your own zeal to bash this judge, yet again, you undermine your own credibility. Good luck in the future, bashing and criticizing yet another judge who you consider unworthy. Your comment says – with respect. Again, hardly. You show no respect. Yes, agreed, Nunavumiutt deserve better – they also deserve better than the slap on the wrists that other judges regularly impose. Including Justice Smallwood.
I should add that earlier in the week, the CBC reported that the Nunavut Court of Appeal overturned another grossly excessive sentence imposed by this judge in an Iqaluit case. In that case, this judge imposed a nine year prison sentence to an Inuk first time offender with a good employment history for sexual assault convictions. Almost a decade in jail for a first offender!! The Court of Appeal in that case speaks to the same pattern of behaviour with this judge that we see in this Baker Lake case:
-The judge ignores joint recommendations without legitimate reasons for doing so.
-He doesn’t properly consider factors that would entitle an offender to some leniency.
-He over emphasizes other factors that in the end lead him to imposing sentences that are grossly excessive and crushing.
In that case, the Court of Appeal reduced the sentence by more than half, from 9 years to 4 years. Think about that! This is disturbing to say the least. Let’s hope that Nunavut will now be turning the page.
So, ipso facto, a first offense always deserves a light sentence?
It was interesting you qualified the offender as an “Inuk first time offender” … do these things also warrant a light sentence?
You lost me on this
Yes, just in case others missed it – you “should add’ that another decision was overturned. And just in case you missed it, decisions are regularly overturned by the Court of Appeal – it is not just this judge but those cases are not reported on. Almost a decade in jail for the first offender!! Yes, he might have been a first offender but he was a police officer – who, I would suggest, should be held to a higher standard. Think about that! Yes, let’s hope that Nunavut will, indeed, now be turning the page, I, for one, look forward to not seeing your comments on every legal situation where you clearly know better and must educate others about these ‘grossly excessive and crushing’ sentences.
Soon, there will be a civil court on behalf of Inuit who are struggling with the health workers and the RCMP. It’s been three years now that I tried to let investigate how they have been working. And they want Inuit to follow the laws they give and I will show them that they have code of conduct and regulations they have that they are not follow. And they make the documents too that can be investigated. Once they were hard to get even though lots of Inuit are trying to speak about their struggles. And I will tell them that who ever resign for their position to be more punished for their lack of work.