Ontario mental health facility questions safety of accepting Michael Nehass

A doctor with the Ontario Shores Centre for Mental Health Sciences says his facility is willing to accept Whitehorse inmate Michael Nehass, but questioned whether that would put the facility's staff at risk.

Nehass, 32, has spent most of his adult life behind bars in Whitehorse. This week he is facing a Yukon Supreme Court hearing to determine if he could be labelled a dangerous offender, a designation that could keep him locked up indefinitely.

His defence lawyer says Nehass is mentally ill, and both the Crown and defence are recommending he be sent to the Ontario facility for a 30 day assessment.

Dr. Philip Klassen, vice president of medical affairs at Ontario Shores, spoke to the court on Wednesday, and had questions about safety.

"If he's a medium-security inmate, we can take him. But we need to be thoughtful about what level of security this gentleman would need," he said.

Nehass has attacked jail guards in the past

Nehass has previously been convicted of violent assault.

He's also been convicted of violence within the Whitehorse Correctional Centre, such as striking and spitting on jail guards. One attack shattered a guard's nose. 

Nehass has also repeatedly damaged the Whitehorse jail. Incidents include setting fires, smashing windows in his segregated unit, and trying to escape through the ceiling.

Klassen said Ontario Shores, located in Whitby, Ont., is equivalent to a medium-security correctional facility. Its security guards are private contractors and police are only called in case of emergency. 

Doors on the floors are remotely-controlled by security staff, but Klassen says nurses, doctors and other support staff often find themselves "physically" involved with agitated patients.

Klassen said staff at his facility have had bad experiences in the past with inmates transferred from elsewhere, including one man from Nunavut who "ripped the place apart and had to be sent back to jail."

Klassen called the experience "extremely upsetting" and that it "greatly traumatized" medical staff and put them at risk. 

"He caused unbelievable problems despite us being assured he would not be a problem," Klassen said. 

More secure facilities exist in Ontario

Ontario has other more secure options for mental health treatment, including a maximum security level facility called the Waypoint Centre for Mental Health Care, in Penetanguishene, and the St. Lawrence Valley Correctional and Treatment Centre in Brockville, described Wednesday by Yukon Justice Scott Brooker as "a hospital within a jail." 

Klassen said the Waypoint Centre is short on beds. However, Nehass's lawyer suggested Waypoint might accept Nehass if he became too disruptive or unmanageable at Ontario Shores.​

Klassen said he did not want to see staff injured — and said a wrong decision could hurt someone. 

"Every time you transport somebody, you put that person and staff at risk. Ideally, we choose the right level of security from the get-go," he said.

Nehass interrupted the court proceedings to say Ontario Shores was his preferred choice.

Justice Brooker is expected to issue a decision Thursday as whether to accept the recommendation that Nehass be sent for a 30 day assessment in Ontario, which will examine his mental health. 

The recommendation would not be legally binding, however, and would depend on the Yukon government agreeing to pay.