A horrendous act, lawyer says, during manslaughter sentencing of Nunavut man

Crown and defence lawyers have proposed significantly different sentences for a Nunavut man convicted of manslaughter.

Darren Nulliayuk was convicted of killing Adam Kakolak in a Yellowknife hotel parking lot in 2023. He was originally charged with second degree murder, but pleaded guilty to a lesser charge of manslaughter in October.

Nulliayuk's sentencing hearing took place Tuesday in N.W.T. Supreme Court in Yellowknife. Crown prosecutor Alex Godfrey asked for a sentence of six to seven years. Nulliayuk's defence lawyer, Ryan Clements, asked for a sentence of two and a half years.

Several of Kakolak's relatives shared written victim impact statements and pictures of Kakolak with Justice Louise Charbonneau. 

"He has been a kind man ... good to everyone," Kakolak's brother, Trent, wrote.

Kakolak's sister, Stephanie, wrote that Kakolak just had a baby after he died. "I miss hearing his voice and laugh."

"I hope the court puts the offender in jail for a long time," Stephanie Kakolak wrote, adding the family doesn't feel safe with Nulliayuk around.

Victim died from blunt trauma after assault

An agreed statement of facts said Nulliayuk, who was 19 at the time of the killing and originally from Taloyoak, Nunavut, was in Yellowknife on July 22, 2023, as a medical escort for his younger brother.

Kakolak, 35, was also visiting Yellowknife at the time. He asked Nulliayuk to buy alcohol and cigarettes in the Capital Suites parking lot. The men didn't know each other, and both were intoxicated.

Nulliayuk became angry, accusing Kakolak of trying to "use him." He punched Kakolak, who fell to the ground, then kicked him in the head repeatedly.

Later, RCMP found Kakolak on the ground, unconscious but breathing with visible injuries to his head. He was transported to Stanton Territorial Hospital and, later that day, to a Edmonton hospital. 

Nulliayuk was immediately arrested and told officers: "I did him really good, didn't I?" 

Kakolak died a week later from blunt head and neck trauma. 

A 'horrendous' act of violence

During sentencing recommendations, Crown prosecutor Godfrey called the assault a "horrendous" act of violence and asked for a sentence of six to seven years. He said a video of the assault captured the brutality of it.

Godfrey argued that while Kakolak was vulnerable lying on the ground, Nulliayuk walked away and didn't assist Kakolak or take him to the hospital, showing a degree of callousness.

Godfrey said Nulliayuk hasn't behaved well while in custody, either. He said reports suggested that, at the North Slave Correctional Centre, Nulliayuk has been involved in gambling, fighting and damaging government property.

Though Nulliayuk doesn't have a criminal record, Godfrey said the judge must take into account the risk he presents to the public when he is impaired, and that such types of violence must be denounced severely.

He said Nulliayuk had a difficult upbringing, but pointed to a report from a psychologist on Nulliayuk's counselling sessions, noting there is room for improvement for Nulliayuk's anger management.

A difficult upbringing

In his recommendation for a sentence of two and a half years, defence lawyer Ryan Clements pointed to Nulliayuk's difficult childhood, marked by generational trauma, abuse and violence.

Clements said the Crown's recommendation is excessive, and argued six to seven years jail time would be "crushing and unjustified."

Clements said other instances of lengthy sentences for manslaughter typically involve offenders with extensive criminal records of violence, or who are late into adulthood.

Clements said Nulliayuk saw "brutal and relentless exposure to chaos" while growing up, and had a "chaotic and frightful home". He said a pre-sentencing report for Nulliayuk showed both his grandparents had gone through residential school.

Clements said though it doesn't justify the killing itself, Nulliayuk's circumstances and the fact he pleaded guilty need to be taken into consideration.

Clements added nothing can alter the fact that Kakolak is dead, and he didn't deserve to die, but asked the court for a balanced and appropriate sentence for Nulliayuk. 

At the end of the hearing, Nulliayuk told the court that he feels remorseful toward the victim's family, and said he is "very, very sorry" for his actions.

Charbonneau is expected to issue a sentencing decision on Thursday.