Ontario appeals decision to stay murder charges against 3 allegedly abused at Maplehurst jail

The Ontario government is appealing a judge's ruling to stay first-degree murder charges against three men he said endured "torturous state actions" in jail while they awaited trial.

Superior Court Justice Clayton Conlan said in his ruling on Oct. 24 that Joseph Richard Whitlock, Kulvir Singh Bhatia and Karn Veer Sandhu were subjected to treatment "akin to torture" at the Maplehurst Correctional Complex in December 2023.

The three men were accused of fatally shooting Arman Dhillon, 27, of Alberta, and attempting to kill a woman in Oakville, Ont., on Aug. 19, 2022 in what Halton Regional Police said was a targeted attack. Dhillon was pronounced dead at the scene. Police said the woman suffered life-altering injuries.

"This homicide was a targeted and planned murder that crossed provincial lines as part of a larger criminal-based conflict," Halton police said after the men were arrested in April 2023.

A white Acura MDX used by the suspected shooters was found burning in the eastern part of Oakville shortly after the killing and attempted killing, police said.

In 2018, Dhillon was acquitted of a first-degree murder charge in connection with an Edmonton nightclub shooting that left a 30-year-old man dead. He spent 17 months in custody before being released on bail. 

The October ruling by the judge said the men's treatment by guards violated their Charter rights, including their right to life, liberty and security of the person, their right to be secure against unreasonable search or seizure, and their right not to be subjected to any cruel and unusual treatment or punishment.

Until the stay, the men, all of whom have pleaded not guilty, were expected to go on trial sometime next year.

Now, the province says it wants a new trial ordered for the three men on all counts.

In a document filed with the Court of Appeal for Ontario on Nov. 13, a lawyer for the province argues the judge erred by "misapprehending" the evidence or making findings in the absence of evidence.

The lawyer also argues that the judge erred in finding breaches of two sections of the Charter, the right to life, liberty and security of the person and the right not to be subjected to any cruel and unusual treatment or punishment.

The judge is also accused of making an error in assessing the extent of one breach in another section, the right to be secure against unreasonable search and seizure.

In his ruling, Conlan said a crisis intervention team was deployed at the jail for "vengeance" and "retribution" because of an assault on a guard.

The team responded to the assault by conducting strip searches of all inmates in Unit 8, including the three accused men, and placing zip ties on their wrists, Conlan said.