Hopedale man who pleaded guilty to manslaughter faces community in rare sentencing circle

In a rare sentencing circle in Labrador, a Hopedale man who has pleaded guilty to manslaughter said he's hoping to change.

Johannes Semigak, who pleaded guilty in the November 2020 death of his brother, Thomas Tuglavina, told a circle of family and community members — as well as lawyers and Justice Stacey Ryan — on Wednesday that he takes responsibility for what he did.

"Growing up in an alcoholic family, it was all I knew. My parents always drinking, it led me to drinking," Semigak said. "I know I can change my ways, for what happened now has really opened my eyes, really changed my life."

"I really am really sorry for what I done."

The Supreme Court of Newfoundland and Labrador does not track sentencing circles specifically but confirmed to CBC News that it hasn't held one since at least 2019.

The circle — held at the Nunatsiavut Assembly Building in Hopedale — began with introductions and a prayer from a local elder.

The agreed statement of facts said that on Nov. 19, 2020, Tuglavina called RCMP and told them his brother, Johannes Semigak, had beaten him up. At the time, Tuglavina declined medical attention.

RCMP officers spoke to a neighbour who told them the brothers had been fighting, with Semigak on top of Tuglavina. After he neighbour pulled Semigak off Tuglavina, the two separated. 

Later that morning, Tuglavina started having stomach pains and went to the local clinic. While being treated, his condition worsened, and the clinic nurse phoned for a medevac to Happy Valley-Goose Bay. At 4:20 p.m., RCMP were notified that Tuglavina died while waiting for the medevac. 

Court documents say the two had been drinking together with a group for a number of hours and there had been no conflict between them prior to the fight that morning.  

The coroner's report showed that Tuglavina's peritoneum — the lining that holds internal organs in place — had suffered blunt force trauma and had come apart, resulting in internal bleeding.

Community members point to history of trauma, addictions

Community members took turns addressing the circle, speaking about the traumas the Inuit have suffered and how they continue to impact communities today. Elder Sarah Ponniuk said the trauma and addictions need to stop.

"You can rebuild that trust but that trust has to be built with the whole community and your family. It starts with you," Ponniuk told Semigak.

"You can't change what happened, but you can change yourself starting today. You have a responsibility. You have to remember your children and grandchildren. We don't want them to continue the violence. It got to stop with you." 

McKinley Winters of Hopedale said it took a lot of strength for Semigak to sit in the circle and listen to people, apologize and accept responsibility for what he did.

"It's healing for you," Winters told Semigak. 

The Crown is asking for five years, minus time served, and a mandatory lifetime firearm prohibition and DNA order. 

The defence is asking for three years, minus time served, which lawyer Mark Gruchy said would acknowledge the death while taking in the extensive programming Semigak has been doing while in the Labrador Correctional Centre. 

Justice Stacey Ryan is set to deliver her decision on April 3. 

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