A man who murdered his ex-girlfriend. Another accused of human trafficking. Robberies, assaults and gun charges.
These are among the more than 30 criminal prosecutions that have been compromised by the violent crackdown of prisoners at Maplehurst Correctional Complex in December 2023, as affected inmates seek restitution for having their Charter rights violated by the jail.
While the impact of the jail guards’ conduct on a handful of individual cases has been reported, this is the first accounting of the scale of the disruption to the justice system — and it’s only expected to grow.
Most of the cases have yet to be resolved, but at least 11 former Maplehurst inmates have already received more lenient sentences as a result of what they endured at the Milton jail, and at least one has had his charges stayed entirely, according to court documents and interviews with more than a dozen defence lawyers.
All manner of charges have been affected, from relatively minor offences to serious, violent crimes, including at least two murder cases.
Linval Ritchie, who pleaded guilty to killing his ex-girlfriend, will be eligible for parole sooner than he would have if not for what occurred at Maplehurst. A judge has yet to determine how much sooner.
The Star is also aware of another murder trial in which the accused have applied to have their charges stayed because of the Maplehurst incident. (A standard publication ban applied ahead of jury trials prevents the Star from identifying the case.)
A stay, which is among the remedies a court can grant for Charter violations, suspends a criminal prosecution. Another potential remedy available to affected inmates — but only those convicted of their charges — is a reduction in their sentence.
Among the cases that have already concluded, nearly all were resolved with a “time-served†guilty plea, in which the Crown and defence agree to a sentence that equals the time the accused person has already spent in pre-trial custody. A judge still has to approve the sentence.
A 40-year-old repeat offender charged with cocaine trafficking and gun possession in Brantford was given a “time-served†sentence in February after getting 2-for-1 credit for the days he spent in pre-trial custody.
Crown attorney Brett Moodie, who has since been made a judge, told the court that if not for the “truly unique†circumstances of the case, in particular what occurred at Maplehurst, the Crown would “undeniably had sought a significantly higher sentence.â€
Moodie spoke at length about the seriousness of the man’s crimes and his lengthy criminal record, saying the aggravating factors “spill off the page.†But there was “no escaping†the violation by the jail, he said.
Former Maplehurst Correctional Complex inmate Rene Pearle speaks with investigative reporter Brendan Kennedy about the violent, mass strip search of 192 inmates at the Ontario jail in December 2023.
On Dec. 22 and 23, 2023, correctional officers in full riot gear carried out a mass strip-search of an entire unit at Maplehurst — 192 inmates — two days after an inmate sucker-punched a guard. The inmate, who was charged with assault, had already been transferred to a different jail by the time the mass strip search took place.
Surveillance camera footage of the incident shows heavily armoured guards forcibly removing nearly naked inmates from their cells and walking them to a nearby hallway, where they were forced to sit with their heads bowed while guards trained pepperball guns at the backs of their heads.Â
A judge said the video shows jail staff “breaking the law by abusing the very prisoners they have a duty of care to protect.â€
While the incident imperils criminal prosecutions across the province, government officials have remained silent.
Ontario’s Solicitor General Michael Kerzner, who oversees the ministry responsible for provincial jails, has declined repeated interview requests. His spokesperson did not directly respond to written questions for this story and instead sent the same two-sentence statement the ministry has sent before.
The ministry launched its investigation into the violent incident one day after the Star sent questions about it to Ontario’s solicitor general.
The ministry launched its investigation into the violent incident one day after the Star sent questions about it to Ontario’s solicitor general.
It says the ministry expects all correctional staff to adhere to professional standards, and that the incident remains “under investigation†and subject to court proceedings, so they “cannot provide further details at this time.â€
The Star obtained copies of the ministry’s internal investigations from a Brampton court after they were filed as exhibits. They found widespread institutional failure at Maplehurst, from the jail’s superintendent down to rank-and-file guards, and made negative findings against 29 staff members.
The first investigation concluded last fall; the second in April. The ministry did not clarify what they meant when they said the incident remains “under investigation.â€
In all, the Star has confirmed 34 criminal cases which have been disrupted in some way by the Maplehurst incident.
“That’s definitely an undercount,†said defence lawyer Alison Craig, who is representing 10 affected inmates herself.
Given that 192 inmates were subject to the search by Maplehurst’s Institutional Crisis Intervention Team (ICIT), and more than 80 per cent of prisoners in provincial jails are awaiting trial, it’s possible the incident will affect more than 100 cases, Craig said.
The Ministry of the Attorney General, which runs Ontario’s justice system, would not confirm the number of criminal prosecutions that have been affected or the number of applications for stays that have been filed. Attorney General Doug Downey declined to be interviewed.
Boris Bytensky, president of the Criminal Lawyers’ Association.
R.J. Johnston ÎÚÑ»´«Ã½ StarGenerally speaking, serious misconduct by public officials requires a remedy from the court, said Boris Bytensky, president of the Criminal Lawyers’ Association. The remedy depends on a number of factors, including the seriousness of the charges, whether the alleged misconduct is systemic in nature and whether it is likely to be repeated.
Bytensky, who is not representing any clients affected by the Maplehurst incident, said the more serious the misconduct, the more likely a court is to grant a stay. If all the allegations against Maplehurst officials are proven, he said, “then it is very, very serious misconduct, and it would rise to the level the courts clearly have to send a message that this can’t happen.â€
The Maplehurst incident has not been fully litigated to this point. Some evidence has been heard in some cases, but those cases were resolved with plea deals before definitive findings were made.
Inmates who have applied for stays have alleged that jail officials breached their section 7 and 12 Charter rights, which refer to the right to life, liberty and security of the person, and the right not to be subjected to cruel and unusual treatment or punishment, respectively.Â
The Crown has in several cases conceded the jail breached the inmates’ section 8 Charter right not to be subject to an unreasonable search, but not sections 7 and 12. If the Crown conceded the more serious Charter breaches it could make the province more vulnerable to civil lawsuits and stays in other cases, lawyers told the Star.
