SIOUX LOOKOUT, Ont. - Adam Capay, who was released from custody 42 days ago after spending more than four-and-a-half years in administrative segregation at the Thunder Bay District Jail and the Kenora Jail, has been arrested.
Capay, 26, of Lac Seul First Nation was arrested on Mar. 5 in Sioux Lookout, Ont. and charged with sexual assault with a weapon and mischief.
On Jan. 28, Justice John Fregeau ordered a stay of the first-degree murder charge Capay was facing for his role in the stabbing death of inmate Sherman Quisses, 35, at the Thunder Bay Correctional Centre in June 2012.
For 1,647 days, Capay was held in administrative segregation at the Thunder Bay District Jail and Kenora Jail, which involved being kept in a Plexiglas cell for 23-hours a day, with the lights on 24-hours a day, no access to television or radio, telephones, and requiring a correctional officer to flush the toilet.
Counsel for Capay requested a hearing to stay the charge last spring and Fregeau ruled Capay’s rights under the Charter of Rights and Freedoms were violated.
“It is my opinion that the treatment of the accused was outrageous, abhorrent, and inhumane,” Fregeau said as part of his 126-page decision to stay the first-degree murder charge.
“In my opinion, this is the clearest of cases in which no remedy short of a stay is capable of redressing the prejudice caused to the integrity of the justice system as a result of the multiple and egregious breaches of the accused’s Charter rights.”
The Crown said it would not file an appeal of Fregeau’s decision on Feb. 26.
Quisses’ family and his home community of Neskantaga First Nation expressed disappointment and frustration over the decision to stay the first-degree murder charge, saying it re-victimizes the family and denies justice for the Quisses family.
Capay was scheduled to appear in a Sioux Lookout courtroom on Monday.
