After 5 years, Michael Nehass to exit Whitehorse Correctional Centre
Nehass heading to Ontario Shores Centre for 30-day mental health assessment
Michael Nehass did not react with happiness when he learned he'd be leaving Whitehorse Correctional Centre after five years.
This despite the fact that critics have described his time there as 'systemic abuse' and 'psychological assault."
Instead, Nehass told the Yukon Supreme Court he'd changed his mind.
On Wednesday, Nehass had told the court of his desire to go to Ontario.
"I have the right to refuse treatment," he said Thursday.
Justice Scott Brooker quietly waited for the rant to end.
"I've made the order I've made," he said finally.
The order means Nehass will be sent to the Ontario Shores Centre for Mental Health Sciences for a 30-day assessment of his mental health.
Depending on the conclusions, he could stay there indefinitely.
Judge overturns review board ruling
Justice Scott Brooker said Nehass's mental health has been an issue for many years.
Doctors have previously diagnosed him with psychosis and paranoid delusions. They've also testified that Nehass's condition has been made worse by his prolonged time in segregation at Whitehorse Correctional.
However, the court had to find a way to re-open the issue.
In 2014, a controversial decision from the Yukon Review Board overruled a territorial court's decision to find Nehass unfit for trial — despite Nehass's repeated rants about mind control.
This week the Crown argued that a phrase found in 1800s common law — "no person can be rightly tried or executed while insane" — would allow the court to call for a new assessment despite the review board's finding.
Justice Brooker said the Yukon Supreme Court's role includes fixing "disorders of process" and preventing miscarriages of justice.
"The common law since early times has recognized that the court has the authority to consider mental health."
Yukon government approves
The Yukon government has already agreed with the court's recommendation.
The government's approval means that Nehass will be transferred to Ontario "forthwith," which could be as early as next week.
A hearing as to whether to declare him a dangerous offender will resume in January and discuss the conclusions.
Crown prosecutor Eric Marcoux says Nehass may not return to Yukon.
If Nehass is judged mentally unfit to stand trial, it's possible he could stay at Ontario Shores indefinitely because that facility is equipped to deal with mental illness.
This week Justice Brooker said "facilities in Yukon are lacking in that regard."