The case of Adam Capay was in court again on Monday to set a date for the delivery of the judge’s decision.
The case was heard last spring by Justice John Fregeau. Counsel for Capay was requesting a stay of a first-degree murder charge against him from an incident at the Thunder Bay Correctional Centre in June 2012.
Capay is accused of stabbing fellow inmate, 35-year-old Sherman Quisses, who died of his injuries.
In 2016, it was made public that Capay was left in solitary confinement up to 23 hours a day for more than four years at the Thunder Bay District Jail.
While in solitary confinement, Capay was mainly kept in a Plexiglass cell with the lights on 24-hours a day because he was considered a threat to himself and other prisoners.
Capay’s lawyers have asked the case be stayed, arguing that his rights were violated under the Charter of Rights and Freedom.
A psychiatric assessment of Capay was ordered and completed, but details of that evaluation are under a publication ban.
In a Thunder Bay courtroom on Monday, the week of Feb. 18, 2019 was brought forward as the date for Justice Fregeau to deliver his decision.
Counsel for Capay, appearing via telephone from Toronto, expressed concern about the length of time, stating the arguments were made more than six months ago and Capay remains in custody.
Capay’s counsel requested the matter be heard at the next assignment court on Nov. 26 to determine if an earlier date for the decision can be chosen. The Crown agreed to bring the matter back on Nov. 26.
