Sentence cannot do justice to Nunavut family’s pain: judge
Taloyoak man sentenced to two years less a day for manslaughter in death of man he kicked in the head
A Taloyoak man is going to spend two years less a day in jail after a judge in the Northwest Territories sentenced him in the 2023 death of another Nunavut man that occurred in Yellowknife. Darren Nulliayuk has already spent close to a year and a half in jail while his charge worked its way through court. (Photo courtesy of Wikimedia Commons)
This story was updated on Monday, Jan. 13, 2025, at 12:15 p.m. ET.
Citing an “explosion of uncontrolled rage” that led to a man’s death, a Northwest Territories judge sentenced Darren Nulliayuk of Nunavut to two years less a day in jail Thursday.
Nulliayuk, 20, of Taloyoak, had earlier pleaded guilty to manslaughter in the death of 34-year-old Adam Kakolak from Kuglukguk.
“I want to start today by saying how truly sorry I am for [the family’s] loss. I know nothing I say today and no sentence I impose can truly do justice to their pain,” Justice Louise Charbonneau said in a Yellowknife courtroom while sentencing Nulliayuk, who was 19 at the time of the incident.
According to an agreed statement of facts read in court, on July 22, 2023, Nulliayuk and Kakolak, who were strangers and who were both heavily intoxicated, got into an altercation outside the Capital Suites Hotel in Yellowknife.
A video shot by a bystander, shown at the sentencing hearing Tuesday, shows Nulliayuk hovering over Kakolak, who was lying on the ground.
As Kakolak struggled to get up, Nulliayuk took a few steps forward and kicked Kakolak in the head.
That kick, Crown prosecutor Alex Godfrey and defence lawyer Ryan Clements agreed, was the fatal blow.
Kakolak was medevaced to an Edmonton hospital, but never regained consciousness and died six days later.
Nulliayuk was in Yellowknife as a chaperone for his 10-year-old brother who received medical care after breaking a finger. The boy was present when the assault happened.
Nulliayuk was charged with second-degree murder on July 31, 2023, but subsequently pleaded guilty to manslaughter which the Crown accepted.
Crown and defence lawyers presented their final submissions for sentencing Tuesday.
For the Crown, Godfrey sought a sentence of six to seven years.
Because Kakolak was “lying on the ground, hopelessly vulnerable,” Godfrey argued the prison term was appropriate.
“This did not have to happen,” he said, adding circumstances “demand that this brutality be denounced and deterred.”
Defence lawyer Clements asked for a sentence of 30 months’ incarceration, citing mitigating circumstances.
He referred to the pre-sentence report that described years of physical and sexual abuse Nulliayuk had suffered.
At age 11, he witnessed the death of his grandfather while on a hunting trip with him. Nulliayuk was unable to save the man and blamed himself for the death.
All his life, Nulliayuk witnessed a never-ending cycle of physical and alcohol abuse among the adults in his life, the report said.
The judge disagreed with both lawyers.
At 20 years of age, Charbonneau said, “[Nulliayuk] has been exposed to more tragedy and hardships than many people will face in a lifetime.”
“The circumstances set out in the pre-sentence report are among some of the saddest I have read over the years.”
But that doesn’t excuse what happened, she said.
“A sentence must be proportionate to the gravity of the offence,” she said.
“Mr. Nulliayuk had an explosion of uncontrolled rage directed at the victim, and he behaved in this abominable way in presence of his own 10-year-old brother.”
The judge said she was wary of giving a prolonged sentence in a southern prison that would derail progress Nulliayuk has made through counselling and schooling while in custody in Yellowknife.
If he hadn’t already spent 538 days in custody on this charge, Charbonneau said she would have sentenced him to more than four years in prison.
Instead, she sentenced him to two years less a day in jail to be followed by three years’ probation.
The positive steps Nulliyauk has made in jail “make it clear that this is a work in progress,” Charbonneau said. “This is going to be a lifelong journey.”
Correction: This story was updated to correct the home communities of Darren Nulliyauk and Adam Kokalok.
The justice system makes me sick
Justice Louise Charbonneau, you should be ashamed of yourself for handing out a sentence of 2 years less a day to a known murderer. Why couldn’t the Crown stay with the 2nd degree murder charge if they have video evidence of this murderer kicking a helpless man who was viciously kicked in the head causing his death. This is a premediated murder. The murderer knew if he kicked someone hard enough in the head that he could potentially kill someone. Oh he had a rough childhood. Don’t we all!!!!!! The canadian justice system is a complete failure.
This story is heartbreaking on so many levels—for the victim, his family, and even for the young man whose actions caused this tragedy. While it’s clear that Darren Nulliayuk’s life has been shaped by unimaginable hardship and trauma, it’s also true that accountability is necessary when such a senseless loss of life occurs. The judge’s recognition of the need for proportionate sentencing and her awareness of the systemic and personal struggles Nulliayuk has faced is commendable.
That said, I wonder if the sentence truly reflects both the need for justice and the opportunity to prevent future harm. A longer-term commitment to counseling and rehabilitation—both during and after incarceration—seems vital. Without addressing the root causes of such violence, the cycle risks repeating itself. This isn’t just about punishment; it’s about ensuring that lives are truly changed and that communities can begin to heal.
I hope this case sparks broader discussions about the resources and support needed for those in crisis, so tragedies like this can be prevented in the future.
“The judge’s recognition of the need for proportionate sentencing… is commendable.”
The sentence: 2 years less a day (plus time served??) for murder
What planet did you write this comment on?
This situation is heartbreaking and understandably upsetting. A man lost his life, and it’s hard to see how a two-year sentence with probation feels like justice for that. For the victim’s loved ones, no sentence could ever make up for their loss.
At the same time, the justice system is designed to weigh all the circumstances, which can make things complicated. This case might have considered factors like the lack of premeditation, the intoxication of both people, or even the personal or systemic struggles the offender has faced. In Canada, when an offender is Indigenous, the courts apply Gladue principles, which take into account the systemic disadvantages Indigenous people often face, like intergenerational trauma or marginalization. That’s not an excuse for what happened, but it could help explain why the sentence feels so light.
Still, I can completely understand why this feels wrong to many people. A man lost his life, and the sentence may feel like it doesn’t match the harm done. The courts aim to balance punishment, rehabilitation, and fairness, but in cases like this, it often leaves people asking hard questions about what justice really means.
The sentence is too lenient. It should be overturned as it erodes public trust in the judicial system.
This is disgusting and sickening. My condolences to the family of or the life sentence they have to endure.
I am more concerned about the effects this will have on the 10-year-old boy who witnessed his drunken brother killing the victim.
Without any sustained counseling this young child may follow this route himself.
Nevermind the fact that the Department of Family Services in NU placed this child in the care and custody of the adults, to attend a medical appointment in Yellowknife, and this was the result.
This will have life long impacts for this young boy.
Condolences to the families impacted by this tragedy.
Sentence too short? Bad judge
Sentence too long? Racist judge
Medical Travel (escorts and also patients) are the root of so many problems for the North. Whether they do something like this, bring back bags full of “juice” that fuel crime waves in their hometowns, or end up missing flights and living on the streets in cities. All of which is a drain on the system…