2 total
First-degree murder charges stayed due to torturous and retaliatory tactical team deployment against pretrial detainees.
Three accused persons charged with first-degree murder and attempted murder brought a joint defence application for a stay of proceedings under section 24(1) of the Canadian Charter of Rights and Freedoms.
The application arose from events at Maplehurst Correctional Complex in late December 2023, where an Institutional Crisis Intervention Team (ICIT) deployment occurred on Unit 8 following an assault on a correctional officer.
The accused were not involved in the assault but were subjected to the ICIT operation, which involved strip-searches, physical restraints, extraction from cells, and deprivation of clothing for approximately 24-48 hours.
The court found that the ICIT deployment was undertaken solely for purposes of vengeance and punishment, not for any legitimate correctional purpose.
The court found multiple Charter violations under sections 7, 8, and 12, including deprivation of security of the person not in accordance with fundamental justice, unreasonable searches, and cruel and unusual treatment.
The court also found evidence of cover-up, collusion among witnesses, destruction or withholding of evidence, and false testimony by correctional staff.
The court granted a stay of proceedings on all charges, finding this to be an exceptional case where the integrity of the justice system would be better served by staying the proceedings than by proceeding to trial.
The accused was acquitted of possessing a loaded restricted firearm because evidence of his uncle's communal use of the vehicle raised a reasonable doubt.
The court considered whether Taverio Stewart had knowledge and control of a loaded firearm found in the glove compartment of his Audi, following police surveillance and a search warrant.
The defence argued that Stewart’s uncle, Mr. Downey, who regularly borrowed the car, could have placed the firearm there.
The court found the defence evidence credible and raised a reasonable doubt, resulting in Stewart’s acquittal.
