Sherman Quisses's family to oppose Adam Capay's application for stay of murder charge

The family of Sherman Quisses and his home community of Neskantaga First Nation say they intend to oppose an application by Adam Capay's lawyers for a stay of Capay's first degree murder charge.

• Lawyers for Adam Capay apply to have murder charge stayed

Capay was charged in Quisses's death in 2012 while both men were inmates at the Thunder Bay Correctional Centre. Capay, now 24, spent more than four years in solitary confinement in the Thunder Bay District Jail awaiting trial.

"This case is about more than issues with access to justice," Neskantaga Chief Wayne Moonias was quoted as saying in a written release issued Thursday on behalf of the Quisses family and the First Nation.

"It's a case about the senseless loss of someone who was cherished by his family and our community. Our First Nation supports the family in seeking justice."

Capay's lawyers have argued that his time in segregation violated rights under several sections of the Charter of Rights and Freedoms and that the prosecution of his murder charge should cease. An application was filed in February for a stay of proceedings.

In Thursday's statement, the Quisses family and Neskantaga's leadership announced they will respond to that application "with strong opposition."

'My late father deserves justice.'

Sherman Quisses, who was 34 when he was killed, left behind one son. Now 18 years-old, Tristan Quisses said he has waited more than five years for Capay's trial.

"We are still here," Tristan Quisses was quoted as saying. "My late father deserves justice."

The Quisses family said it is in the process of obtaining its own legal representation to oppose Capay's application.

Those proceedings are scheduled for next week.