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Tuktoyaktuk offender laughs, yawns and apologizes during court appearances for aggravated assault

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“This is your fault, and it is yours to fix,” Supreme Court judge Andrew Mahar told Tuktoyaktuk’s Kelly Ovayuak on April 18 while sentencing him to three years in prison for aggravated assault. The Canadian Press/Emily Blake

Editor’s note: This story contains details that some readers may find disturbing.

Following a brutal assault against a woman on a Northern highway, Kelly Ovayuak was sentenced to three years in prison in NWT Supreme Court on April 18.

He was also given credit for 21 months of time served while awaiting the conclusion of his court case.

He originally faced 10 charges, including kidnapping, break and enter, failing to stop for police and impaired driving, but the majority were dropped as part of a plea deal. He wound up pleading guilty to aggravated assault and breaching a no-contact order with his victim.

For the victim and her family, the punishment has been a long time coming.

“Finally two years after the incident, we are hoping that justice will be served,” said one of the family members who appeared in court to share their impact statements.

Ovayuak didn’t appear come to court in-person on April 18, instead opting to show up virtually from the North Slave Correctional Complex.

According to an agreed statement of facts, in April 2022, Ovayuak kidnapped and assaulted the victim. He attacked her while driving her truck to Tuktoyaktuk on the Inuvik-Tuktoyaktuk highway.

The woman initially tried to run away, but doing so barefoot in freezing temperatures wasn’t tolerable. She ended up with severe frostbite on her hands and feet and, with little choice, returned to the truck and her assailant.

“Every part of me has been torn apart,” the victim stated. “Every time I look in the mirror, I see my change in appearance.”

Multiple impact statements from the victim’s family put onus on the RCMP for not taking Ovayuak seriously enough earlier. He was released a number of times before he eventually kidnapped his victim.

Despite the grave circumstances, the victim made it clear she hasn’t given up on herself, nor has her family.

“I will thrive. I will shine,” she said. “But I will not put up with any negative behaviours towards me.”

While the victim’s family took turns reading their impact statements, Ovayuak quietly watched, occasionally yawning or tinkering with his glasses and fingernails. During his previous court appearance, he also stuck his tongue out and laughed as Justice Andrew Mahar left the courtroom. The victim’s family made sure to note his behaviour on Thursday.

“I fear for the day that he is released,” a family member said. “He literally laughed in the face of justice.”

Mahar thanked the victim and her family after making their statements. He said he hopes to never see Ovayuak in court again.

“This is your fault, and it is yours to fix,” he said, addressing the offender.

Mahar also did something he isn’t even sure can be enforced.

Ovayuak is valued in his community, said his lawyer John Hale, especially when it comes to hunting. This requires him to own a firearm, however. It’s something Mahar was somewhat reluctant to allow.

“I’m going to make what I hope is an enforceable order” the judge said, recommending that a regional firearms officer carefully considers Ovayuak’s application and whatever programming he completes while incarcerated.

Mahar also suggested that Ovayuak’s possession of firearms be limited to hunting and contingent on his sobriety.

“I’m not sure how enforceable that is,” he admitted.

Mahar also recommended that Ovayuak be sent to a federal penitentiary to help him with rehabilitating.

As for Ovayuak himself, he was a man of few words on Thursday. Initially, he did not wish to speak, but he did say he apologizes to the victim and her family.

“Just trying to look forward,” he added.