The Ontario government is asking an appeals court to order a new murder trial for three men after a judge ordered the end to their first-degree murder case over what he called "tortuous" treatment while incarcerated.
Superior Court Justice Clayton Conlan ordered a stay last month in the first-degree murder charges against Joseph Richard Whitlock, Karn Veer Sandhu and Kulvir Bhatia.
The three men were charged in April 2023 with first-degree murder and attempted murder in connection with the August 2022 shooting death of Arman Dhillon of Oakville, Ont. A woman also suffered "life-altering" injuries during the incident.
All three men had pleaded not guilty.
In his decision last month, Conlan said the three men would no longer face trial as the treatment experienced in Maplehurst Correctional Complex was so "egregious" that the court needs to "disassociate itself from it."
In December 2023, the men were awaiting trial at Maplehurst when a crisis intervention team of correctional officers allegedly stripped inmates down to their boxer shorts and forced them to sit on the floor facing the wall, with their wrists zip-tied together.
Conlan wrote that "pain compliance" was used by correctional officers, in addition to other techniques such as turning on exhaust fans to make the area colder and pointing their weapons at inmates.
The incident "shocks the conscience of the community and offends its sense of fair play and decency," Conlan added.
A month later, the Ontario government wants a new trial for the three men on all counts.
A lawyer for the provincial government, in a document filed earlier this month with the Court of Appeal for Ontario, argued that Conlan erred by "materially misapprehending" evidence and/or making findings in absence of evidence "that go to the core of his findings of state misconduct and systemic issues."
The document also argues that the judge failed to consider "material and relevant factors" in deciding to issue a stay.
A stay can be imposed before or during a trial to protect accused individuals who may have suffered serious violations of their rights under the Charter of Rights and Freedoms, or if the Crown or police have abused their powers. Such a stay is permanent and can only be overturned by an appeals court.
The government's appeal also argues that the judge "erred" in finding a breach of Sections 7 and 12 of the Canadian Charter, and in assessing the extent of the breach of Section 8.
Section 7 provides Canadians with the right to life, liberty and security of the person, while Section 12 ensures everyone has the right not to be subjected to any cruel and unusual treatment or punishment. Section 8 ensures Canadians' right to be secure against unreasonable search or seizure.
The appeal is the latest development in the Maplehurst scandal.
In June, the Ontario ombudsman said he was launching an investigation into the provincial ministry of the solicitor general's response to the incident.