BURST
A Quebec judge has sentenced an Inuk man to 33 months in prison for nearly beating his uncle to death last summer with a metal bar while he was under a court order to stay away from the man.
Timothy Assapa, 34, who “describes violence as ‘thrilling,'” pleaded guilty to assault with a weapon and aggravated assault for attacks on his uncle, Sajuilie Assapa, on Jan. 4, 2025, and June 28, 2025. The first one involved striking his uncle on the head with a pair of scissors after they argued about alcohol, causing a cut above the hairline.
In the June attack, Assapa beat his uncle to unconsciousness with a metal bar after an argument about money, leaving him with “moderate traumatic brain injury, along with multiple facial and skull fractures.”
Just before 7 a.m. that day, police “found Sajuilie in a nearby bush. He was breathing but unresponsive and covered in blood. His face was swollen. He had sustained a significant laceration to the forehead,” Justice Matthew Ferguson wrote in a recent decision.
“The photographs and the medical summary document the extent of the injuries. They are consistent with repeated, forceful blows to the head. He is fortunate to be alive.”
The uncle’s “recovery required more than three months of institutional care” in Montreal, said the decision.
Assapa spat on two police officers who arrested him that day. He also pleaded guilty to assaulting a peace officer for that and breaching the conditions of his earlier release by contacting his uncle.
“This case involves two assaults with a weapon against the same victim six months apart,” said the judge.
“Both incidents took place while the accused was intoxicated. Together, they reveal a troubling pattern of extreme violence. The need for specific deterrence and public protection is clear. The sentence must make clear that any future resort to violence in such a state will attract a severe response.”
Assapa lived with his uncle for most of his life in Puvirnituq, Que.
The Crown argued for a prison sentence between 30 and 36 months.
“It stresses the extreme violence. It underlines a troubling pattern: in both assaults, Mr. Assapa targeted the victim’s head,” said the June 11 decision.
Assapa’s lawyer recommended an 18-month sentence. “Counsel pointed to Mr. Assapa’s genuine remorse,” said the decision. “He also points to a childhood marked by profound trauma as a significant mitigating factor.”
Assapa has previous convictions for assault, drug possession, uttering threats to cause death or bodily harm, breaking and entering, assaulting a peace officer, assault with a weapon, mischief, and multiple counts of failing to comply with court-ordered release conditions.
The judge pointed out multiple discrepancies between Assapa’s pre-sentence report (PSR) and a Gladue report that was prepared before his sentencing.
Gladue principles stem from a landmark Supreme Court of Canada decision that require sentencing judges to consider the unique circumstances of Indigenous offenders to address their overrepresentation in Canada’s prisons. They require judges to take the impact of colonialism, residential schools and intergenerational trauma into account when sentencing Indigenous offenders.
“The most striking divergence concerns how each report characterizes his willingness to change,” Ferguson said.
“The PSR states that he ‘refuses to undergo therapy’ and has taken ‘no steps toward social reintegration’ during his detention, instead spending his time gambling and watching television. The author further characterizes him as engaging in ‘magical thinking,’ in the sense that his situation will resolve itself without effort,” said the judge.
“The Gladue report presents a more proactive picture. It states that Mr. Assapa ‘would like to focus on bettering his future.’”
The reports “also diverge on Mr. Assapa’s attitude toward alcohol consumption, identified as a primary trigger for his violence,” Ferguson said.
“The PSR indicates that he ‘does not wish to put a definitive end to his consumption’ and plans to continue drinking beer and using marijuana upon release. The Gladue report, by contrast, suggests a shift. It states that he ‘would like to engage in pre‑care sessions’ to address his alcoholism and has expressed a desire to attend an eight‑week collective recovery program.”
The reports “further differ in their portrayal of his connection to traditional Inuit life,” said the judge.
“The PSR states that he does not engage in traditional activities such as hunting or fishing, citing a lack of financial means. The Gladue report, on the other hand, describes him as a ‘good hunter’ who takes pride in providing for his family and community. It highlights his connection to the land and his recollection of learning to hunt from his uncles.”
The “differences and contradictions were not resolved at the sentencing hearing,” Ferguson said.
“That said, while the reports diverge significantly in their assessment of his rehabilitative potential, they converge on several key points. Both describe a long‑standing and meaningful relationship with the victim, with whom he has lived for most of his adult life. Both also record his expression of shame and remorse, particularly in relation to the severity of the injuries he inflicted on his uncle during the June incident.”
Ferguson considered Assapa’s Gladue factors in making his sentencing decision.
“They are both relevant and significant, engaging systemic and intergenerational dynamics, as well as profound personal hardship,” said the judge.
“At the systemic level, these include forced sedentarization and relocation, the residential school system (which his mother attended), the slaughter of sled dogs, and broader processes of assimilation and cultural marginalization,” Ferguson said.
“At the personal level, they include witnessing his mother’s murder — an event that marked the beginning of his downward spiral — the successive loss of key figures in his life, including his maternal grandmother at a young age, early‑onset substance abuse, educational deficits, and chronic health issues, including epilepsy since 2019.”
Assapa’s pre‑sentence report “assesses his risk of recidivism as high, with an ongoing risk to both the victim and the public,” said the judge. “It rests on the severity of the victim’s injuries, Mr. Assapa’s stated plan to return to live with him, and his failure to address his problematic relationship with alcohol and violence. I share these concerns, notwithstanding a nascent willingness to address them. Absent meaningful change, the risk of further offending — and continued involvement with the justice system — remains high.”
Assapa had already spent 349 days in pre-trial custody before his sentencing, “for which he is entitled to a credit of 524 days, calculated at a ratio of 1.5 to 1,” Ferguson said.
“After credit for pre‑trial custody, the remaining custodial term is 481 days.”
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