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The court dismissed post-conviction stay applications alleging police misconduct and prolonged solitary confinement, holding the claimed abuse of process would not justify a stay.
The Superintendent unlawfully detained the applicant beyond the term of a valid committal order without statutory authority to interpret or apply s.743.5(1) of the Criminal Code so as to override the youth court order; that detention was arbitrary and violated ss.7, 9 and 10(c) of the Charter and was not justified under s.1; therefore a writ of habeas corpus must issue and the applicant must be released to complete youth conditional supervision.
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