After 4 years in solitary confinement, Adam Capay moves to new cell

A First Nations man who has spent the last four years in solitary confinement is being moved to a different cell, Ontario's Ministry of Community Safety and Correctional Services said today.

Adam Capay, 23, of Lac Seul First Nation is awaiting trial after being charged with murder in the death of another inmate in 2012.

Ontario's Human Rights CommissionerRenuMandhaneraised alarm bells about Capayafter she visited him earlier this month during a tour of the Thunder Bay District Jail.

• First Nations man spends 4 years in solitary confinement in northern Ontario awaiting trial
• 4 years in solitary for northern Ontario inmate shocks human rights commissioner

"This individual has been moved from their cell," Corrections Minister David Oraziettisaid. "They are in a different location, with appropriate lighting and access to day rooms, spending time out of their cell for showers, phone calls and access to TV.

"It is my understanding, from speaking to officials, that the inmate is satisfied with the conditions they are presently in," he said.

Capay, a member of Lac Seul First Nation, had been spending 23 hours alone in his cell each day, where the light wasnever turned off. He waspermitted out for an hour each day to shower and perhaps make a phone call.

Conditions atthe Thunder Bay District Jail in the regular cells, where Capay is now being held, are notoriously bad.

Inquest juries, jail guards and opposition politicians regularly issue calls for the century-old facility to be torn down and replaced.

• Inquest jury calls for new jail in Thunder Bay
• Thunder Bay jail hostage-taking signals need for transformation: Yasir Naqvi

"There'soften threepeople to a cell and there's only twobeds, meaning we're not talking about triple bunkingtwopeople get beds and one person goes on the floor," said DavidKiesman, a criminaldefence lawyer in Thunder Bay.

Capaywill have a cell to himself and no direct contact with other inmates, according to a spokesperson for the Ministerof CommunitySafety and Correctional Services.

Mandhane said Capay showed her evidence of self-harm during her visit.

Officials will not comment on whetherCapayis receiving mental health support, saying they don't want to violate an inmate's privacy.

Time spent at the Thunder Bay District Jail is a threat to the mental well-being of most inmates, particularly because it is a holding centre for people awaiting trial,Kiesmansaid.

"They are living in terrible conditions and they have not been convicted of anything. They're innocent," he said.

Some cells do not have running water and Kiesman saidhis clients tell him they are only allowed to go outside to the exercise area about once or twice a month.

"They're kept inside a 100-year-old facility where they don't have running water and the impact it has on people.I would describe it as inhuman," he said.

Ontario's Ombudsman, Paul Dubhas dispatched a manager and an investigator to Thunder Bay in response to Capay's case "to find out what what's going on."

"I've heard just recently that this gentleman may have been moved," Dubtold CBC's Power and Politics on Wednesday. "I'm very curious to know what hashappened over the last four years and ... why did he spend so much time in isolation and why was it only found out about by coincidence?"

Ombudsman 'very alarmed' by Capay case

8 years ago

Duration 5:41

Ontario Ombudsman Paul Dube discusses the case of Adam Capay who spent four years in solitary confinement.

The Attorney General's office provided this timeline of Capay's time in custody since 2012:

• June 4, 2012: Capay is charged with first-degree murder in connection with the death of another inmate.
• Aug.28, 2013: following a preliminary hearing,Capay is committed to stand trial.
• Sept. 22, 2014:first trial datescheduled to commence.
• Aug.20, 2014:court hearsCapay'srequest for an adjournment to bring an application challenging the representative nature of the 2015 Thunder Bay jury roll.
• July 27, 2015:the application regarding the juryroll is dismissed.
• Nov.16, 2015:second trial date set, at whichthe defence requested a psychiatric assessment and requested that the trial date be adjourned. The court granted the adjournment and ordered the assessment.
• Feb.22, 2016:a third trial date was set for Sept.12, 2016.
• Aug.23, 2016:lawyer for Capay bringsan application to be discharged. Court grants the application and the defence request for an adjournment of the third trial date.
• Oct.25, 2016:Capay confirmsthat new counsel has been retained,
• Nov. 28, 2016:next scheduled appearance in assignment court.