Whitehorse Daily Star

Image title

Photo by Whitehorse Star

Michael Nehass

Nehass’ case ‘troubling’: human rights lawyer

The Whitehorse Correctional Centre (WCC) maintains it does not use solitary confinement, although it employs segregation and separate confinement.

By Whitehorse Star on February 25, 2015

The Whitehorse Correctional Centre (WCC) maintains it does not use solitary confinement, although it employs segregation and separate confinement.

Human rights and prison law experts question whether there’s any difference.

A Department of Justice spokeswoman told the Star last week, in response to queries about the treatment of inmate Michael Nehass, who has spent nearly two years in the jail’s segregation and secure living units, that “solitary confinement ... refers to very distinct and different practices occurring elsewhere in the world.”

When asked to elaborate, spokeswoman Caitlin Kerwin said isolated inmates at WCC can have visitors, meet with elders and appeal disciplinary decisions.

But “solitary confinement” is a term regularly used to describe segregation in Canadian prisons and jails.

Carmen Cheung, senior counsel for the B.C. Civil Liberties Association (BCCLA), defines it as being held in isolation for up to 23 hours a day.

The United Nations Special Rapporteur on Torture has said it encompasses any practice that holds an inmate in isolation from others, except guards, for at least 22 hours a day – regardless of whether it’s labelled segregation, isolation, separation, the secure housing unit or “the hole.”

Both the segregation and secure living units at WCC can be used in a way that fits these definitions – and have been in Nehass’ case.


His case is a troubling one, said Renu Mandhane, director of the International Human Rights Program at the University of Toronto’s faculty of law.

“Humans are social animals, and being deprived of meaningful human contact for more than a year is, I don’t think it’s totally far out there to say that that’s torture,” she told the Star last week.

Nehass, 31, has been in custody since his arrest in December 2011, on eight charges out of Watson Lake. A trial for those alleged offences is scheduled for May.

“We forget that until somebody’s detained indefinitely, they are meant to be released,” Mandhane said.

“So if we aren’t dealing with these problems effectively in the prison environment and we’re just segregating people for years, how do we expect them to reintegrate into the community in any sort of safe or meaningful way?”


Yukon legislation uses the terms “segregation” and “separate confinement.” The former is discipline for bad behaviour, while the latter is administrative, used when an inmate is a safety risk to others or the jail.

“I would have to look into what the policies are, but it sounds more like a word difference without an actual distinction,” said Bibhas Vaze, a lawyer who specializes in prison law and acts as amicus curiae, or friend of the court, in Nehass’ matters.

(He was Nehass’ lawyer until November 2014, when he withdrew.)

The jail’s secure living unit is used administratively, while the segregation unit is typically punitive.

“But it’s still the same conditions of confinement,” said Vaze. “Whether you’re in the secure living unit or the segregation unit, you should not be there for too long of a period of time.”

Though use of the two units undoubtedly varies from case to case, a report filed in territorial court last week revealed that Nehass has lived in these units since May 2013, with periodic moves between the two.

In segregation, inmates are locked in a cell for 23 hours a day, with one hour out in the unit’s common area to shower and use the phone.

The secure living unit is less restrictive – cells have a TV; inmates may be permitted to eat meals together if they’re compatible; and they may be permitted to spend a few hours in the common area.

But during his time in that unit, Nehass hasn’t been allowed contact with other inmates, according to Clayton Poberezny, a correctional officer who testified last week at a sentencing hearing for five offences Nehass committed while in pre-trial custody.

Nehass was also often alone in the segregation unit, he said.

Even when multiple people are held there, they’re not allowed to talk to each other.

Guards aren’t allowed to have physical contact with inmates. Meals are passed through a hatch in the cell door.

In his cell, Nehass is unshackled, but when out in the common area, he wears shackles and a belly chain, according to Poberezny. Guards uncuff one of his hands when he showers, but the other restraints stay on.

The jail’s report, dated November 2014, cites “unmanageable behaviour” as the reason Nehass can no longer be held in the general-population area.

As per the Yukon Corrections Act and regulations, 30 days in segregation is the maximum penalty permitted for “major breaches of rules.”

There is no limit for separate confinement. According to the Justice department, an inmate will be assigned a case manager, and staff review his or her progress daily.

This is comparable to the federal corrections system, which uses the terms punitive segregation and administrative segregation.

(Offenders who receive a sentence of two years or longer enter a federal prison.)

“They like to distinguish between these two types of solitary confinement, but functionally, they’re the same thing,” said Mandhane.

Punitive segregation has specific time limits, but with administrative segregation, jail staff must only conduct a review after one day, then after five, then after 30, and again after 60.

“Administrative segregation or separate confinement is actually, in my mind, in some ways, more problematic because it’s not linked to any charges and it’s indefinite, so they can just keep renewing the segregation,” Mandhane said.


The negative psychological effects of solitary confinement – anxiety, depression, anger, paranoia and psychosis – are well-documented.

“I think that’s why the UN Special Rapporteur on Torture has said that there should be these fixed limits, because you actually create institutional risk when you segregate people for such a long period of time,” said Mandhane.

For months, Nehass has spoken in court about a conspiracy theory involving Yukon government officials and the RCMP. He says he’s being threatened and his food is being poisoned because he is exposing government secrets.

“Concern for Mr. Nehass’ health has been an ongoing issue through the last year and a half,” the jail report states.

“He has demonstrated a great deal of paranoia and has been suffering from delusional behaviour throughout this time.”

It says that Nehass has refused all counselling and psychiatric intervention.

According to the report, he’s spent about 350 days in isolation for dozens of offences he committed at the jail, including damaging his cell and threatening guards.

That doesn’t include the months he’s spent in separate confinement because he’s a general safety risk, the report states.

“While it is unfortunate, there are some inmates who pose such a risk to others that they cannot be managed in the general population,” the Justice department’s Kerwin said last week. “Our foremost responsibility is to keep everyone safe.”

So what’s the alternative to long-term solitary confinement for inmates who can’t get along with others or be managed by jail staff?

It’s a tough question, Mandhane said.

She’s not advocating for administrative segregation to be completely abolished – it may be necessary in what she calls extreme cases, but independent oversight and review are needed, by a judge or external body rather than the institution itself.

This is one of the checks and balances the BCCLA and the John Howard Society are seeking in a recent lawsuit they’ve filed against the federal government over the use of solitary confinement.

Mandhane suggests developing alternatives, like institutions with focused mental health services that inmates could access while still serving their sentences.

“I think that we need to get beyond this idea that there’s only two solutions, segregation or general population, and we need to start developing some alternatives that can deal with these really intense individuals,” she said.

In Nehass’ case, she questions whether enough has been done in recent months to determine if he’s still unmanageable in regular cells.

“Maybe in May 2013, he couldn’t be managed in the general population, but has that been the case now for over one year and nine months?” she asked.

“To say that just because somebody’s difficult to handle in the general population, doesn’t meant that we can just lock them up and throw away the key. We need to figure out other ways of dealing with them.”

Spokeswoman Kerwin said jail staff have tried using verbal warnings, intermittent cell confinement, reintegration to the regular units and the secure living unit to manage Nehass’ behaviour.

Vaze, the prison law expert, said he knows some offenders will never be able to live in general population, be it because of their crime or their unmanageability.

But, like Randhane, he wonders whether the alternatives have been sufficiently explored in Nehass’ case.

“The real question is whether all efforts have been made to find a way to allow an inmate to have a normal life short of simply putting them in separate confinement,” Vaze said.

Comments (6)

Up 1 Down 1

Rorex1983 on Mar 4, 2015 at 7:56 am

I am glad to see that the seemingly endless "Poor Nehass" is at an end now that the truth about the absolutely horrible things he has done have come to light. For those not in the know, that's the 3 assaults on peace officers, 2 aggravated assaults, the five charges in prison, and finally the charges he was arrested for originally this time around. Nehass is a violent man.

Does Nehass have psychological issues? Sure, but when an inmate thinks the government is out to get him, no government facility can help him. Nehass has done everything within his power to delay his hearing, acting like he is not suitable to stand trial, not getting dressed for court appearances, firing lawyers, etc. But his time is coming and I hope the judges keep in mind exactly how many times this boy has cried wolf when they sentence him.

Up 22 Down 0

Eyes wide shut on Feb 27, 2015 at 9:12 am

After the the amount of physical injury he has caused the staff (some pretty severe stuff I understand ) and damage done to the facility, we are surprised and dismayed that he is shackled and kept behind a locked door? This guy is not the victim here. If he can't play nice he should go to his room, oh wait that's what actually happens when you start breaking guards body parts every time the cuffs come off. And given his track record out of jail I don't really cherish the idea of him walking around downtown, but in this brave new world we live In I guess we can't trample his rights! We must allow this "victim" to keep messing people up so as not to infringe upon his rights, smh

He is a bad man

Up 23 Down 0

mike on Feb 26, 2015 at 7:06 pm

What's troubling is this guy's criminal history of violence against the community, prisoners and guards.
What's troubling is criticizing a situation without offering solutions and letting him drag it out for years.
What's troubling is no one even mention the victims of his violence while he terrorized community while he was supposedly just fine.

Up 29 Down 3

June Jackson on Feb 25, 2015 at 6:25 pm

I was not surprised to see John Howard Society involved in this case. They are the ultimate bleeding heart poor, poor prisoner group.

http://www.johnhoward.ca/about/values-principles/ I particularly like 2.1-2.2 and 2.3. There are over 60 offices in Canada

I think the result of this hearing is already determined. Mr. Nehass should have been removed to a facility that was able to control him as he is unable to control himself. That is the only issue that I see here that needs to be addressed. Why wasn't he moved? As for isolation, he brought it on himself.
I think it would be very nice if John Howard group and Human Rights gave Mr. Nehass their home addresses so he can write them nice thank you notes when he gets out.

Up 30 Down 5

bill williams on Feb 25, 2015 at 5:22 pm

Humans are social animals. Hmmm in the case of Mr Nehass( and I use the term Mr lightly), Mr Nehass appears to be in the class of sociopathic animal. There is a lot of attention paid to this person but no mention at all of his victims. Sometimes people are just wired wrong and nothing will change that, Mr Nehass appears to be one of those. Too dangerous to ever be released on society. Mark my words this person will kill someone in the future if he is ever released. Then we will see the wringing of hands and excuses being made but the victim will be dead and Mr Nehass will again be a victim of the system.

Up 32 Down 6

Ken Gilmore on Feb 25, 2015 at 5:07 pm

Let's pay attention to the REAL facts for a moment please. Mr. Nehass has systematically manipulated the whole system into now feeling sorry for him when in fact if Mr. Nehass hadn't used every stall tactic under the sun to delay his trial and every excuse for firing lawyers and shifting the attention from his court matters, which by the way, are violent offenses and would land him in a Penitentary which is a place he knows he does not want to end up because he has left a trail of wreckage from his past visit there. That he is truly scared to go there he knows this to be factual and I for one am tired of listening to all the crap that he has "PUT HIMSELF THROUGH" not the jail, not the guards, not the courts, himself. So ask him directly. Are you afraid of going back to the PEN? And he will have to say yes because it's the truth. Michael Nehass is not a victim. We the public are his victims only I refuse to be one of his victims. He's a coward and a bully to women and weak men.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.