A Yukon Supreme Court judge has apologized to Michael Nehass for not removing him from the courtroom as soon as he realized the inmate was naked during a video appearance from the jail earlier this year.

Justice Leigh Gower’s apology was prompted by a complaint about last January’s incident that Nehass’ father, Russ, filed to the Canadian Judicial Council.

“I sincerely apologize to Mr. Nehass for the embarrassment I caused to him by not acting to improve the situation sooner,” Gower is quoted as saying in a Nov. 18 letter from the council to Russ Nehass.

“I fully appreciate how he views this incident as an affront to his dignity.”

The Star obtained a copy of the letter from a third party.

In his July complaint, Russ said his son was subjected to “inhumane and degrading public exposure” when he appeared naked in court via video feed from the Whitehorse Correctional Centre.

He believes that Gower and the lawyers present disregarded his son’s dignity and human rights.

His complaint led to a review by Robert Pidgeon, the vice-chairperson of the Canadian Judicial Council’s judicial conduct committee, which involved accessing court documents and seeking comments from Gower.

Russ could not be reached by the Star for comment before press time this afternoon.

Bibhas Vaze, Nehass’ lawyer, declined to comment on the matter.

Nehass’ case has raised concerns about human rights violations at the jail.

He has been in custody for just shy of three years, awaiting trial, and he has spent long periods of time in segregation – two years, he alleges, but the territorial Department of Justice denies that.

Russ has also filed a complaint with the Yukon Human Rights Commission about his son’s treatment at the jail.

The Jan. 22 incident attracted national attention.

According to the council’s letter, signed by executive director Norman Sabourin, Nehass was scheduled to appear before the court via video conference at 10 a.m. that day, but he refused to attend.

Gower, informed of this, was “concerned” about the various delays of Nehass’ case, and was aware his fitness to stand trial might be an issue.

“Justice Gower felt a further non-appearance would result in more delays and would do nothing to advance the prospect of resolving Mr. Nehass’ situation,” the letter states. So he asked that Nehass be brought to the jail’s video conference room.

He was not visible on the screen in the courtroom until 10:09 a.m.

Until that time, Gower could hear Nehass yelling, but “was unable to ascertain what the situation was,” the council’s letter states.

When Nehass appeared, according to the court transcript, three guards in full riot gear were restraining him on the floor.

He requested that he be allowed to sit in a chair before the camera, because he was having difficulty talking to the judge “with my face twisted into the f***ing floor.”

Gower said that if the guards were comfortable with managing him while he was in a standing position, perhaps they would allow that.

But Nehass objected: “I’m naked; how can I stand up with my naked body in front of a camera? I want to be sitting up in a chair so I can address the court f***ing simply.”

Gower asked the guards about their security concerns, and Nehass said, “Cover up my penis, man, cover up my penis, it’ll be f***ing seen on camera,” according to the transcript.

It was once Nehass sat down that the judge confirmed he was naked, at least from the waist up, the council’s letter states.

The hearing proceeded, with Gower reading the charges Nehass was facing and an agitated and, at times, incomprehensible Nehass interrupting.

At 10:16 a.m., unable to proceed with Nehass angrily interjecting, demanding his family be present, Gower ordered he be removed and the video link cut off.

Nehass was not visible below the waist at any time, according to the letter.

“Justice Gower recognizes that he ought to have removed Mr. Nehass from the room as soon as he confirmed that Mr. Nehass was in fact naked, and that he should have proceeded in his absence sooner,” Sabourin writes in the letter.

Pidgeon, the investigating chief justice, “is satisfied that Justice Gower has learned from the experience,” and believes Gower “acted in good faith with the intent to advance the matter and avoid delays that might be detrimental to Mr. Nehass.”

It was not an ideal situation – the judge didn’t have visual contact with Nehass immediately and had difficulties understanding him, Sabourin writes.

With this letter to Russ, the file will be closed, he says.

When it comes to judicial conduct, the Canadian Judicial Council’s mandate is to determine whether a recommendation should be made to the minister of Justice that a judge be removed from office.

This could be recommended when a judge is no longer able to perform necessary duties for reasons including misconduct, old age or infirmity.

Meanwhile, Nehass is still in custody. He appeared in court last week, and pleaded guilty to five charges he faces in territorial court: breaching the jail, assaulting a correctional officer, uttering threats, and two counts of mischief.

These charges were laid during his time in custody at WCC.

Nehass said that although he doesn’t agree with the Crown’s version of events, he is willing to plead guilty to the offences.

He also faces charges in Supreme Court related to a 2011 alleged incident in Watson Lake – assault, assault with a weapon, uttering threats, possession of a weapon for a dangerous purpose, breaching probation, intimidation and forcible confinement.

He said last week he would plead not guilty and take the charges to trial.