Fallout from Stay of Charges in R v. Capay

Superior Court of Justice in Thunder Bay
Superior Court of Justice in Thunder Bay in the evening.

NESKANTAGA FN, ON – A decision released yesterday on January 28, 2019 in Superior Court of Justice located in Thunder Bay, Ontario put a stay of proceedings in the case R v. Capay.

The Judge, in this case, has issued a publication ban on reporting on evidence presented in this matter. That publication ban remains in effect until February 27/19 or until ordered by the justice.

This publication restriction does not prohibit the publication of the result of this application.

For greater clarity, we may report that a stay of proceedings in this matter has been granted under s.24(1) of the charter.

Neskantaga First Nation Chief Wayne Moonias has issued the following statement after a court decision yesterday that Adam Capay, who was charged with the first-degree murder of Neskantaga member Sherman Quisses, will not stand trial.

“Neskantaga community and the Quisses family have fought for justice for Sherman since his murder in 2012 and we are very disappointed that this murder trial will not proceed. Sherman’s murder has devastated his family and severely affected our community. Members of the Quisses family are still struggling to deal with their loss and are experiencing ongoing emotional distress. This decision revictimizes the family. We strongly opposed the granting of a stay in this case, and we are struggling to understand how there can be no justice for Sherman. We appreciate the support we have received during this lengthy legal process and Neskantaga will continue to support the Quisses family during this difficult time.”

In a ruling delivered Monday, Justice John Fregeau granted a stay of proceedings after finding that Adam Capay’s rights under the Canadian Charter of Rights and Freedoms were violated.

Sherman Quisses, 34, was the father of one child and the second oldest of six siblings. When he was murdered in 2012, he predeceased his mother, Edna Moonias who passed away in 2014, and his grandmother, Sarah Quisses, who passed away in 2016.


Neskantaga First Nation is situated in Northern Ontario on Attawapiskat Lake, 271 kilometres north east of Thunder Bay, Ontario. It is a remote community accessible only by air or winter ice-road. It has over 500+ band members.