After 38 years, man arrested in unsolved killing of 15-year-old in Iqaluit

A man accused of an unsolved death in Iqaluit made his first court appearance on Wednesday. Jopey Atsiqtaq is charged with second-degree murder in the death of Mary Ann Birmingham. Birmingham died on May 26, 1986, in her home in Iqaluit.

Mary Ann Birmingham died in her Iqaluit home in 1986

TJ Dhir · CBC News · Posted: Sep 26, 2024 11:46 AM EDT | Last Updated: September 26

A man with long, grey hair using a walker in a fenced-off police pen — Jopey Atsiqtaq being escorted into the Nunavut Court of Justice. He is charged with second-degree murder in the death of Mary Ann Birmingham. (Cameron Lane/CBC)

After going unsolved for 38 years, a man has been arrested in the killing of a 15-year-old girl in Iqaluit.

Jopey Atsiqtaq is charged with second-degree murder in the death of Mary Ann Birmingham. He made his first court appearance on Wednesday.

An old photograph of a girl with black hair wearing a blue jacket over a white shirt — Mary Ann Birmingham died in her home in Iqaluit on May 26, 1986. For the first time, a suspect has been charged in connection with her death. (RCMP)

Birmingham died on May 26, 1986 in her home in Iqaluit.

At least 60 people packed the courtroom gallery, so much so that the two rows of benches were full and people were standing in the aisle and blocking the entrance and exit doors. Members of Birmingham's family also joined virtually from Ottawa.

Birmingham's oldest sister said it felt unbelievable to have so much support.

"As sisters, we've always … helped others and [help] people acknowledge that and want to remember Mary Ann and also, importantly, to support the sisters that are alive today," Elisapee Sheutiapik told CBC News.

Needing a walker to move around, Atsiqtaq appeared in the Iqaluit courtroom a day after he was arrested in Ottawa, where he was on day parole.

According to reporting from Nunatsiaq News, Atsiqtaq was previously convicted of the murders of Pootoogoo Eyesiak, 21, and his mother, Oolayou Eyesiak, 51, in Iqaluit in 1986.

A Crown prosecutor requested a no-communications order be issued for Atsiqtaq, which was granted by Nunavut Justice Faiyaz Alibhai.

People leaving a courthouse and spread out in a parking lot — People leaving the Nunavut Court of Justice after the first appearance of the suspect charged in the death of Mary Ann Birmingham. (Cameron Lane/CBC)

The order forbids Atsiqtaq from contacting people such as prosecution witnesses and other members of the victim's family. The order also forbids him from asking others to contact them for him.

During proceedings, Atsiqtaq's duty counsel, Keir O'Flaherty, said Atsiqtaq wants to appear in-person for all future hearings, as he wants to be involved in the legal proceedings and understand what's going on. Alibhai said Atsiqtaq will be allowed to appear in-person at his next court appearance, but each future appearance will have to be decided on a case-by-case basis.

Atsiqtaq will remain in custody during his time in Nunavut.

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In a statement to CBC News, The Public Prosecution Service of Canada's chief federal prosecutor of the Nunavut regional office said they recognize the importance of the case.

"I have assigned two of the Nunavut Regional Office's most senior prosecutors to this file," said Philippe Plourde. "The PPSC will continue to perform its work with diligence. We cannot, however, provide substantive information on active cases before the court."

CBC News has reached out to Maliiganik Tukisiiniakvik, the legal aid office in Iqaluit.

'It felt like she was forgotten'

Sheutiapik remembers Birmingham as someone who was very beautiful with a great smile.

"One thing we had in common, her and I had eczema issues over the years," she recalled. "But when she didn't have a flare-up, [she had] the most beautiful skin that you see."

But after Birmingham's passing, constant turnover at the Nunavut RCMP meant there was little progress on the case, another of Birmingham's sisters said.

"It felt like she was forgotten," Barbara Sevigny said. "There used to be a two-year rotation with the RCMP. When you have new staff coming in, they're having to get to know her file and by the time they're comfortable and working forward, they're having to leave.

"It felt like she was forgotten."

Three Inuit women standing and smiling next to each other — From left to right: Barbara Sevigny embraces her mom, Sarah Birmingham and sister Elisapee Sheutiapik. The sisters have fought for Mary Ann Birmingham since her death 38 years ago. (Olivia Stefanovich/CBC)

That didn't stop Birmingham's sisters. They would visit the RCMP every year and try to get updates on the file. But the National Inquiry into Missing and Murdered Indigenous Women and Girls changed things.

"It nudged things to a point where they agreed that they would give us a monthly update," said Sevigny.

Sevigny understands the struggles the Major Crimes Unit of the Nunavut RCMP have gone through.

"I know they are very busy and under-resourced," she said. "But you always have these family members waiting and anticipating further calls."

A building is seen with flags outside and a sculpture. — Constant turnover in the Nunavut RCMP led to Mary Ann Birmingham's case being stalled for years, according to her sister Barbara Sevigny. (David Gunn/CBC)

Sheutiapik says there are mixed emotions right now.

"[There's] relief that we finally come to this point," she said. "[But] there's frustration. There [are] family members not here today that I know that would have wanted to be a part of the process."

In a news release issued Thursday, Nunavut RCMP said they had arrested Atsiqtaq on a Canada-wide warrant.

The RCMP's Major Crimes Unit worked alongside the Public Prosecution Service of Canada in Nunavut "to secure a second-degree murder indictment," which was signed on Sept. 19, RCMP said.

Atsiqtaq's next court appearance is Oct. 29.