Yukon justice minister to appoint investigator into case of mentally-ill inmate who spent years in jail
'We want to learn what happened in this case... We want to make sure it doesn't happen again'
Yukon's minister of justice says an independent investigator will be appointed to review the controversial case of Michael Nehass, a mentally-ill inmate who spent years at the Whitehorse Correctional Centre (WCC), sometimes in segregation, which experts said worsened his condition.
"We want to learn what happened in this case," said Minister Tracy-Anne McPhee. "We want to make sure it doesn't happen again."
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Under mental health laws, Michael Nehass will remain in care against his will
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Yukon inmate, jailed 6 years and diagnosed with mental illness, may go free as Crown stays charges
Earlier this month, Yukon Crown prosecutors stayed all criminal charges against Nehass, six years after he was first remanded to jail. The Yukon Supreme Court decided, however, that he would remain in care at a B.C. mental health facility.
He has been diagnosed with schizophrenia. At times, while in jail, he was delusional but refused anti-psychotic medication which staff in Whitehorse were not legally able to force him to take.
McPhee says Nehass's case has "raised a lot of questions that need to be addressed by the Yukon government."
She says the review should examine "the paths and the current processes for assisting inmates with mental health issues."
Nehass has a history of violence. In 2003, he was convicted for taking part in the torture and beating of a Whitehorse man in an assault called "premeditated, gangland-style enforcement" by the court. It included the severing of the man's finger.
It's my view, we're now at the point where it's appropriate for me to direct such an inspection and I will do so.- Tracy-Anne McPhee, Yukon Minister of Justice
In 2011, he was charged with assault related to threatening a woman at knifepoint in Watson Lake. He was found guilty, however the trial was declared a mistrial and the charges later stayed.
While at WCC, he incurred new charges relating to violently punching a guard. Those charges were also stayed by a judge this month.
No decision yet on public inquiry
McPhee did not rule out a public inquiry into Nehass's case, as called for by the territory's opposition NDP. She said that has "not been considered yet by cabinet."
However, as minister of justice, she says she has the authority under the Yukon Corrections Act to order an inspection of WCC, to be done by an independent party who will report in writing to the deputy minister's office.
"It's my view, we're now at the point where it's appropriate for me to direct such an inspection, and I will do so," McPhee said.
"I have complete faith in the staff and administration of the Whitehorse Correctional Centre, but in my view, such an inspection should and will be done by a person with appropriate expertise and independent of the facility," she said.
She says once the inspection report is received, the deputy minister's office must respond within 90 days in writing.
The inspector's report will be made public, as well as the government's response.
'With a view to making improvements'
In court testimony earlier this year, Yukon's director of corrections, Patricia Ratel, said her department needs more resources to deal with mental illness.
Ratel told the court that WCC is "not adequate" for someone who is mentally ill, and added that jail staff are often inexperienced in dealing with mental illness.
Ratel told the court she would be requesting more resources, including a full-time psychiatric nurse.
McPhee said Tuesday that she hasn't yet received such a request, but pledged an inspection would examine both the facilities of WCC and its programming, "with a view to making improvements."
McPhee has not said when the investigation would begin. She says it still needs to be organized and an investigator appointed.
'We want a completely thorough job to be done, and that could take some time," she said.