“An ongoing assault” is how Michael Nehass’s lawyer characterizes his experience at Whitehorse Correctional Centre (WCC).

Defence lawyer Anik Morrow said that’s one of the reasons she wants her client moved to Ontario Shores, a mental health centre near Toronto.

Morrow outlined her position in Yukon Supreme Court this morning, where Crown prosecutor Eric Marcoux put forward an application for an assessment to determine whether Nehass is “fit to stand trial”.

Nehass has been detained at the WCC since 2011, when he was charged with forcible confinement, assault with a weapon, breaching probation, and uttering threats.

In May 2015, a jury found him guilty of all but the latter charge. Since then, he has been in jail awaiting sentencing, which has been delayed for various reasons.

One of these includes the Crown seeking to have Nehass declared a dangerous offender (Nehass has been convicted of multiple aggravated assaults, including cutting off a man’s fingers with a meat cleaver).

This finding would impact sentencing.

Before this designation can be considered though, Nehass must undergo psychiatric assessment.

Richard Fowler, acting as amicus or friend of the court today to assist the judge, said he believed reports from 2014 found Nehass unfit to stand trial.

Fowler said those reports called Nehass “paranoid” and said he suffered from “grandiose delusions”.

Fowler said recent phone messages from Nehass suggest the same disturbed thoughts and “flight of ideas” referenced in the 2014 reports.

Nehass sat quietly at the counsel table while Morrow mentioned the same reports.

She said that, since 2011, Nehass has spent extended periods in solitary confinement (in 2014, his father filed a complaint with the Yukon Human Rights Commission, alleging overuse of segregation).

Morrow cited the opinions of multiple doctors and staff inside and outside the WCC.

Reading from reports and testimony, Morrow told Justice Scott Booker there had been widespread agreement over the years that the effects of segregation were contributing to the deterioration of Nehass’s mental health.

In 2014, the WCC stated that Nehass had outstripped its resources.

This, Morrow said, has left Nehass “twisting in the wind”.

She said it was the professional opinion of more than one doctor that unless Nehass was removed from the WCC, his condition would not improve.

Morrow then asked that Booker consider Ontario Shores as an option for assessment.

Marcoux said he is open to Morrow’s suggestion of an assessment being done outside of the WCC.

Court was adjourned until Wednesday at 1 p.m., when Phillip Klassen, director of Ontario Shores, will videoconference in to discuss the assistance offered by the centre.