RCMP made ‘missteps’ in manslaughter case, Crown says

The RCMP made “investigative missteps” in Jimmy Kownirk’s death in 2024, a Crown prosecutor argued Friday, as Peter Toonoo’s manslaughter trial came to an end.

“I have to admit, [the RCMP] didn’t scrutinize the other subjects as they did Mr. Toonoo,” Leo Lane told the court Friday.

Lane and defence lawyer Alan Regel made their final submissions on the last day of the five-day manslaughter trial.

Toonoo, 40, was one three initial RCMP suspects in the incident that allegedly led to Kownirk’s death.

On June 5, 2024, Kownirk suffered injuries in his downtown Iqaluit apartment during what Lane described as a “fight.”

Toonoo was arrested the next day, after Kownirk was found with what police called “severe injuries,” taken to Qikiqtani General Hospital and medevaced to Ottawa. Kownirk died in July.

Shortly after the alleged fight, police ruled out one initial suspect, Siuqjju Toonoo —  Kownirk’s girlfriend at the time — after a single interrogation.

That was “quite shocking,” Regel said on Friday, as Const. Peter Lodge, who conducted the interrogation, did not directly ask Siuqjju Toonoo if she was the one responsible for the incident.

Siuqjju’s mother, Iliya Toonoo, was also an initial suspect but hasn’t faced charges because Lodge couldn’t reach her.

That left Peter Toonoo as the only one who was charged with Kownirk’s death.

“The investigation was flawed,” Regel told the court, and Justice Mark Mossey, who presided over the trial, agreed.

“I don’t think it’s a question that the investigation could have been done better,” Mossey said.

Despite that, Lane argued Peter Toonoo was the only one capable of causing fatal injuries to Kownirk. He asked the court to “seriously doubt” Siuqjju and Iliya Toonoo’s ability to harm Kownirk as both were shorter and “grossly intoxicated.”

“I would ask Your Honour to eliminate the other people who had an opportunity to commit this crime, and find that Mr. Toonoo was the only one fighting with Mr. Kownirk,” Lane said.

Regel disagreed.

“Both Iliya and Siuqjju may be smaller than Jimmy, but it’s not the size of the dog in the fight, but the size of the fight in the dog that counts,” he told the court.

Regel said there were “holes” in the Crown’s case, with Lane unable to prove that it is Peter Toonoo — and not the other Toonoos — who caused Kownirk’s death.

He also argued the victim’s pre-existing conditions might have contributed to his death. Kownirk had aneurysms, which are bulges on the brain arteries. On the night of the incident, he was also under the influence of alcohol and valium, a type of anxiety medication.

“The onus on the Crown is much higher than simply seeing if you can make a series of inferences that would take you from innocent to guilty,” Regel said.

Mossey plans to issue his decision May 26.