The accused, an Indigenous man with mental health issues, was held in continuous administrative segregation for 1,647 days while awaiting trial for first degree murder.
He brought an application seeking a stay of proceedings, alleging violations of his rights under ss. 7, 9, 12, and 15 of the Charter.
The court found that the prolonged segregation, which lacked meaningful review and mitigating measures, constituted cruel and unusual treatment, arbitrary detention, and a deprivation of liberty and equality rights.
The court concluded that the state misconduct caused permanent cognitive impairment, including memory loss, which irreparably prejudiced the accused's right to a fair trial and undermined the integrity of the justice system.
A stay of proceedings was granted.
