Pangnirtung man convicted of sexual assault refuses to participate in hearing

A Pangnirtung man convicted of sexually assaulting a minor refused to appear at his hearing on Tuesday, Dec. 10, at the Nunavut Court of Justice in Iqaluit.

Jonah Keyuajuk, who is in his late forties, was arrested and charged on May 22, 2016, with sexual assault of a minor. Other charges he faced included sexual interference, forcible confinement and breach of a peace bond.

A March 2019 trial, which Keyuajuk did not attend, found him guilty of those charges.

Following Keyuajuk’s conviction, Crown prosecutor Barry McLaren told Justice Susan Charlesworth, the trial’s judge, the Crown would be seeking a dangerous offender designation.

Dangerous offender designations are “intended to protect all Canadians from the most dangerous violent and sexual predators in the country,” according to Public Safety Canada.

The designation is reserved for offenders who have been convicted of a “serious personal injury offence,” the criminal code states. A dangerous offender designation, which stays on a person’s record for life, may also come with an indeterminate sentence.

As in a criminal trial, the burden is on the Crown to prove, beyond a reasonable doubt, that the accused should be declared a dangerous offender. This is done in the form of a hearing before a judge.

But Keyuajuk, who is currently in Iqaluit’s Baffin Correctional Centre, refused to show up to what would have been a first step in his dangerous offender hearing.

Scott Cowan, who spoke to the court by telephone, was Keyuajuk’s lawyer at the March 2019 trial.

Cowan explained that he withdrew from that trial after he was dismissed by Keyuajuk, leaving him with no legal counsel.

“During the trial, I considered myself constructively dismissed because he was giving me no instructions…. He was also refusing to come to court. That combination of factors made me feel that I was no longer his counsel,” Cowan told the court.

Cowan, although he is no longer Keyuajuk’s lawyer, is now acting as his amicus.

An amicus is a lawyer appointed by the court to assist an unrepresented person. Although an amicus can present information to the court and keep the unrepresented person informed, they do not represent the accused or take instructions from them like a lawyer would.

Jonah Keyuajuk, shown here in a photo circulated in 2015 by the Yellowknife RCMP, has refused to appear in court in the past. (File photo)

“On October 10, your Honour, I met with Mr. Keyuajuk at BCC [Baffin Correctional Centre],” Cowan told the court. “I advised him the Crown was seeking a finding that he is a dangerous offender. He told me that he was unsure as to the extent he wishes to participate but understood my role as amicus and he understood his role as an unrepresented accused.”

“The court can have some comfort that he’s been put on notice,” he added.

Before a sentence can be imposed as part of a dangerous offender designation, the court must order an assessment of the accused’s mental condition.

McLaren said he hoped Keyuajuk would be there to hear his application for an assessment.

“I had advised the court that Mr. Cowan and I had had some discussions and I was hoping with the greatest optimism that Mr. Keyuajuk would be here to hear what had been discussed. As Mr. Cowan and the court knows, I am concerned about proceeding without him here,” McLaren told the court.

“I don’t know whether Jonah wants to be part of this. Or he has told us to take a hike, or he’s waiting for something to happen. To have an assessment ordered, which is an intrusive process, without him saying one way or the other, what he wants to do…,” McLaren said, trailing off.

This is not the first time Keyuajuk has refused to appear in court.

In addition to refusing to appear at his March 2019 trial, he did not appear at the Nunavut Court of Justice in person for what was his second scheduled trial in June 2018.

Instead, he appeared by videoconference from BCC.

That trial was adjourned when Keyuajuk requested a new lawyer. A previous trial date set for earlier in 2018 didn’t take place after Keyuajuk was at odds with his counsel, McLaren said at the time.

Keyuajuk has a long criminal record of violent offences and had served considerable jail time

In 1993 and 1995 he received short jail sentences for assault and assault with a weapon. In 1997, he received a prison term of seven years for an aggravated sexual assault.

Charlesworth, also the hearing’s judge, adjourned the hearing until the afternoon and told BCC to have Keyuajuk appear by video if he would not attend in person.

Back in the courtroom, about four hours later, the BCC video feed appeared on a large flat-screen television on the far right side of the courtroom.

A beige plastic chair sat in the middle of the room, empty.

“My apologies your honour, Jonah has refused to appear before the Nunavut court today,” a corrections officer said over the video feed.

The officer clarified that Keyuajuk had verbally refused to appear by video. Charlesworth asked Keyuajuk to be physically brought in by corrections staff.

“Is it possible for a couple of guards to bring him to the video room?” she said.

A few minutes after, Keyuajuk appeared on the screen, only the lower half of his body visible from the camera’s position.

Keyuajuk refused to sit in the chair in front of the camera. He was not restrained or held by officers and an open door could be seen to the side of the video feed.

“Have a seat in the chair,” an officer said off camera.

“No, I don’t want to sit down. I don’t want to be here,” Keyuajuk said.

“I refused already, he said, raising his voice. “I don’t want to talk to you.”

“You’ve spoken to Mr. Cowan…”, Charlesworth started to say, looking at the video feed.

“I don’t want to talk to you. I don’t want to be here,” Keyuajuk repeated, pacing back and forth.

Keyuajuk raised his voice and threatened to smash the camera if he was kept in the room.

“Get me out of here. Get me out of here,” Keyuajuk said in a raised voice.

Charlesworth told the officers to return Keyuajuk to his cell.

“He won’t come into the room and talk to us about what he wants to do. I’m not sure how we’re going to get that information,” Charlesworth said once the video feed had been turned off.

After some back and forth, Charlesworth ordered McLaren and Cowan to put together a statement for Keyuajuk to read and sign that would confirm he not only understands his legal options, but he also understands what has happened in court in his absence. The statement would be delivered to Keyuajuk by Cowan, Charlesworth said.

Keyuajuk’s hearing is scheduled to resume on Feb. 13, 2020.