A Yellowknife judge has ordered that a man who claimed to be Caucasian must receive a Gladue report—a pre-sentence report tailored for Indigenous offenders—before being sentenced for breaking into a hotel. The judge rejected the man's self-identification, stating that his Inuit surname and appearance clearly indicate Indigenous heritage.
Judge Rejects Self-Identification
Jeremy Kuneyuna, who has approximately 90 prior convictions, appeared in the Territorial Court of the Northwest Territories for sentencing after pleading guilty to a hotel break-in. During proceedings, Kuneyuna stated he was "Caucasian" and provided no information about his background as an Indigenous offender. Judge Robert David Gorin noted in an April 22 decision: "When I asked him about why he had an Inuit surname, he provided no meaningful response. Also, he is plainly not Caucasian. Rather, his background is indigenous."
The judge emphasized that he knows Kuneyuna's Indigenous background from previous court dealings. Kuneyuna, who represented himself, joined the Crown in recommending a six-month prison sentence. However, Gorin rejected this joint submission, citing the need for a proper Gladue inquiry.
Legal Framework: Gladue and Ipeelee
The judge referenced the landmark Supreme Court of Canada decisions in R. v. Gladue (1999) and R. v. Ipeelee (2012), which require sentencing judges to consider the unique circumstances of Indigenous offenders. These rulings aim to address the overrepresentation of Indigenous people in Canadian prisons by accounting for the impacts of colonialism, residential schools, and intergenerational trauma.
Gorin wrote: "In my view, regardless of the 'joint submission' provided by Mr. Kuneyuna and the Crown, his erroneous position as to his heritage does not amount to a waiver of the need for this court to make the inquiry as to his background factors." He added that while a complete pre-sentence report is not required, a report providing background factors as an Indigenous offender is necessary.
Kuneyuna's Criminal Record
Kuneyuna's criminal record includes approximately 90 convictions, more than half of which are property-related, with about a dozen for break and enter offences. Despite his long history, the judge insisted on the Gladue report before imposing sentence.
According to the Ipeelee decision, counsel have a duty to bring individualized information about an Indigenous offender's background before the court in every case, unless the offender expressly waives that right. Gorin noted that Kuneyuna did not provide a valid waiver. "I require more information than he is prepared to provide me," the judge concluded.
