Michael Nehass has filed a new Charter challenge in Yukon Supreme Court, arguing he should be released from custody as a remedy for his rights having been breached.

In the application filed on Thursday, Nehass argues procedural delays and detention conditions infringed on his constitutional rights protected by the Canadian Charter of Rights and Freedoms.

He is asking the court to stay the current proceedings and to release him from custody.

In case the court doesn’t decide to stay the proceedings, he is asking the current application for having him assessed as a dangerous offender to be stayed.

Last May, the 31-year-old Yukon man was convicted of forcibly confining a woman, holding a knife to her throat and breaching his probation.

Since then, the Crown has been seeking to have him assessed as a dangerous offender – meaning having a specialist evaluate whether such designation would be appropriate.

Being designated as a dangerous offender could give him an indefinite jail sentence, periodically reviewed by the National Parole Board.

Nehass filed a similar Charter challenge in February of this year. He decided to drop it as a part of an agreement with the Crown, presenting a joint submission for other offences he was judged for.

In the newly-filed challenge, Nehass claims he suffered from prolonged detention in the segregation unit and bad treatment.

Nehass has been on remand at the Whitehorse Correctional Centre (WCC) since Dec. 29, 2011, the application reads.

In January 2014, Nehass appeared before the court via video.

He was naked, shackled and held by three guards in full riot gear.

This later prompted an apology from Yukon Supreme Court Justice Leigh Gower for not having ended the hearing sooner than he did.

“The applicant has, as a result of the accumulation of violations to his Charter rights ... lost trust in the judicial system and does not believe he will be fairly assessed,” the application reads.

Nehass has already served time equivalent to what the Crown was originally seeking for his May conviction, the application claims.

Nehass was represented by a lawyer on Thursday for the first time since the beginning of the trial.

Last July, Nehass made a Rowbotham application, seeking that the territory pays for an Outside lawyer.

Legal aid services declined to represent Nehass – he had fired three legal aid lawyers, clearly stating he had no confidence in them.

The application was granted. and lawyer Sarah Rauch is now representing him.

Throughout the trial, he had been self-represented, with the court appointing B.C. lawyer Bibhas Vaze to assist him and the court as amicus curiae.

Ever since that appointment, Nehass has tried to get Vaze removed.

Justice Scott Brooker acceded to Nehass’ request today, noting that since he was represented, there was no need for Vaze’s help.

Brooker did thank Vaze for his work, noting the circumstances were “challenging” at times.

Nehass had accused Vaze multiple times of colluding with the Crown to keep him locked up.

Rauch told the court Thursday her client was ready to be assessed – but only by a doctor he had agreed to.

Crown prosecutor Eric Marcoux refused.

Rauch had trouble at times keeping Nehass from interrupting her, the Crown or the judge.

The court spent most of Thursday afternoon dealing with questions about Nehass’ criminal record being altered.

Rauch took issue with a change made in the record about the June 2010 sentencing of Nehass for having assaulted correctional officers at the WCC.

The judge sentenced Nehass to three years minus the time he had already served, effectively sentencing him to two years.

The judge knocked off another day so Nehass could serve his sentence in the territory.

Rauch and Marcoux argued about the correction, debating whether the judge had actually sentenced Nehass to two or three years.

Both were back in court today to argue over the Crown’s application to have Nehass assessed as a dangerous offender.