Adam Capay is a

Lac Seul First Nation Lac Seul First Nation is an Ojibwe First Nation band government located on the southeastern shores of Lac Seul, northeast of the city of Dryden, Ontario. Though Lac Seul First Nation is a treaty signatory to Treaty 3, the First Nation is a memb ...

man who was charged with

first degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

for the 2012 death of Sherman Quisses. At the time both men were inmates at Thunder Bay Correctional Centre in

Thunder Bay, Ontario Thunder Bay is a city in and the seat of Thunder Bay District, Ontario, Canada. It is the most populous municipality in Northwestern Ontario and the second most populous (after Greater Sudbury) municipality in Northern Ontario; its population i ...

in Canada. Capay was later released from prison. Capay was 19 years old at the time of the incident and Quisees was 34. Capay allegedly stabbed Quisees to death during a prison altercation. While awaiting trial, Capay served approximately four and a half years in

solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use addit ...

. During this confinement, Capay spent time in a

plexiglass Poly(methyl methacrylate) (PMMA) belongs to a group of materials called engineering plastics. It is a transparent thermoplastic. PMMA is also known as acrylic, acrylic glass, as well as by the trade names and brands Crylux, Plexiglas, Acryli ...

cell with constant glaring lights. His lawyers later argued that these conditions constituted

cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...

on a

legal motion In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrativ ...

they brought to stay the charges. In Thunder Bay, Justice John S. Fregeau stayed the charges against Capay, ruling that the violation of Capay's rights under the

Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part ...

outweighed the government charges. The

Government of Ontario The government of Ontario (french: Gouvernement de l'Ontario) is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor ...

did not appeal Fregeau's decision. Capay was released from prison on January 29, 2019, now 26 years old.R. v. Capay, 2019 ONSC 535 (CanLII), Retrieved 2019.03.07. https://www.canlii.org/en/on/onsc/doc/2019/2019onsc535/2019onsc535.html?autocompleteStr=capay&autocompletePos=1#_Toc535917251

References

{{DEFAULTSORT:Capay, Adam Ojibwe people Living people Year of birth missing (living people) Canadian male criminals