Whitehorse Daily Star

Hearing put off as new judge sought for case

The bail hearing for a man found mentally unfit to stand trial was rescheduled Monday to allow time for him to speak to a lawyer and for the court to find a new judge.

By Chuck Tobin on June 3, 2014

The bail hearing for a man found mentally unfit to stand trial was rescheduled Monday to allow time for him to speak to a lawyer and for the court to find a new judge.

Following an assessment by a psychiatrist, territorial court Judge Michael Cozens ruled last Friday that 29-year-old Michael Nehass was mentally unable to face charges of assaulting a Whitehorse correctional officer last summer.

The bail hearing scheduled for Monday was adjourned to Thursday by Cozens after he heard brief submissions yesterday afternoon from Crown prosecutor Terri Kaur and lawyer David Christie of the legal aid society.

Kaur indicated to Cozens he would talk to the society's director to see what they could do to appoint a lawyer to Nehass' case.

Cozens in turn acknowledged and accepted a previous indication from Nehass that he should not be the judge hearing the bail application because he presided over the mental fitness hearing.

In fact, Nehass has written objections to most Yukon judges hearing any of his matters, the Crown prosecutor pointed out to Cozens.

She told Cozens that Nehass objects to justices Ron Veale and Leigh Gower of the Yukon Supreme Court, territorial court judges Karen Ruddy and John Faulkner, and justice of the peace Dean Cameron.

Cozens said that leaves only Judge Peter Chisholm, who is suppose to be away this week. It may come down to the availability of judges from outside the Yukon, he said.

Nehass has been in the Whitehorse Correctional Centre since 2011, during which time he was charged with assaulting the correctional officer.

His father has also filed a complaint with the Yukon Human Rights Commission.

The family contends Nehass' humans rights have been violated by the type of treatment he has received from correctional staff.

Nehass told Cozens Monday he will be appealing the ruling he is not mentally capable of standing trial for the charges against him.

He said he is also bothered by the fact that the Yukon Review Board has scheduled his hearing for June 19, before he'll have a chance to appeal Cozens' ruling.

The board determines the status of inmates found to be mentally incapable of standing trial.

The judge told him the territorial court does not have jurisdiction over the board's affairs.

Nehass could face time in a psychiatric facility outside the Yukon as a result of last Friday's ruling, depending on what the review board determines.

Be the first to comment

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.