A young man who says he spent his last stint in a federal penitentiary segregated from the other inmates because he owed money for drugs is fighting to stay in the Yukon's jail.

Defence counsel for 22-year-old Ricky Linklater spent considerable time in court Thursday afternoon arguing that despite there being fewer resources to help the young man in the Yukon, all the addictions, skills and literacy programs in the federal jail system are useless if Linklater doesn't take them.

Instead, defence lawyer Gord Coffin noted the support he has from his family and a spiritual counsellor at the Whitehorse Correctional Centre, among others, who can encourage the young man throughout his inevitable jail stay.

It's better to take the 'lesser programs if he's going to take them and if he's going to be supported in taking them.'

Coffin noted in the 32 months Linklater spent in Outside jails for his last robbery conviction, the young man didn't have a single visit. In the seven months he's spent at WCC pending trial and sentencing, he's had quite a number from his parents and siblings.

'This is a significant difference and far more likely to encourage him to maintain his motivation,' Coffin said. 'It's going to be a difficult road no matter where he is.'

Linklater pleaded guilty in January partway through his trial on robbery and attempted robbery charges. Last Sept. 14, while armed with a hypodermic needle apparently containing blood, he demanded money from the Riverside Grocery cashier, but was refused.

The next day, armed with a knife, he made off with several hundred dollars in cash after demanding that the Roadhouse off-sales liquor store clerk open the till.

Linklater had only been released on parole a few weeks earlier.

Prosecutor David McWhinnie said the appropriate sentence should be between four and six years' jail. Coffin is arguing for two years less a day, which would keep Linklater at WCC and in the Yukon.

Territorial court Judge Heino Lilles indicated he doesn't see much evidence Linklater has done enough to warrant the court to step outside the usual sentence range. He is to hand down his decision Monday morning.

When Linklater was sentenced for an earlier robbery at the age of 19, the cocaine addict asked to be sentenced to a federal sentence of two years or more so he could benefit from the more in-depth addictions treatment in the national system.

However, the court heard, he instead racked up drug debts a story the Crown prosecutor said the court should be wary of voluntarily spent much of his time in segregation for his protection and was shuffled among at least three prisons to give him a fresh start.

The young man had been scheduled to start treatment, but because he kept himself isolated, he couldn't participate.

While he went to prison with a cocaine addiction he wanted to beat, he instead acquired a heroin habit as well.

And during his pre-trial custody at WCC, Linklater has again had himself put in segregation, the court heard.

However, during his stay at the Yukon jail, Linklater has connected with a counsellor who's helped him identify other supports, like Yukon Learn, willing to help him.

When Lilles noted his main concern is that the sentence protect the public, Coffin noted, 'Putting him in jail hasn't been a particularly effective way of doing that.'

'Unless he's sentenced for forever, he will be back, in all likelihood worse off than he is now,' said Coffin. 'The suggestions are that he is not likely to get better (in a federal penitentiary).'

A psychological assessment suggested that Linklater needs a therapeutic environment to face his problems.

The 22-year-old also pleaded guilty yesterday to assaulting one of the jail guards, by spitting on him twice, once hitting his collar and with another gob below his ear.

Initially, the fear had been Linklater had a disease communicable through saliva, but tests have declared the corrections officer to be OK. Linklater had several other violations of internal rules while at WCC.

It's the apparent lack of effort to change usually shown by the extent of offenders' participation in treatment and counselling before sentencing that makes it difficult for him to find reasons to keep Linklater in the Yukon, Lilles indicated.

'Give me something to hang my hat on,' the judge said.

However, while at WCC, Linklater has participated in few programs, though his segregation status wasn't behind that, the court heard.

Instead, the jail has a policy against prisoners detained on parole violations participating in programming.

Lilles said the most polite word he could find for that internal policy was 'nonsensical', and suggested it was something 'some bureaucrat thought up without giving an attention to the individual.'

McWhinnie noted that northern courts often temper federal sentences because offenders sent Outside are automatically cut off from family and supports in the Yukon. He conceded that Linklater is described as 'a good man in the bush' and shows strong interest and motivation in education and training.

The pattern shows Linklater recognizes where he needs help, and shows an interest in getting it, but then isolates himself in jail where he has a chance to take counselling and programming, the prosecutor continued.

McWhinnie suggested Linklater is either afraid of failure or there's some other problem that still hasn't come to light.

It would be better if the Crown could stand up and give a reason why Linklater should be given a territorial sentence, but that hook simply isn't there, McWhinnie said.

The prosecutor noted Linklater's extensive criminal record. It's suspected Linklater has fetal alcohol syndrome to some degree.

He added that the two store clerks had opted against filing victim impact statements, and pointed out that one of them had been robbed while working before.

He called it 'quite frightening' and 'a sad commentary on the state of life in Whitehorse' that convenience store and gas station employees 'regard the risk of an armed robbery as part of the business.'

Linklater has expressed a wish to change, but that's the same thing he said the last time around, McWhinnie said.

'Whether it will (happen) this time is hard to know.'