The Yukon government can't keep its story straight about why the Justice minister is being kept mute on a controversial court matter.

For the past two days, Justice Minister Elaine Taylor has not answered any questions asked of her by the Opposition and by the media about a territorial court ruling which condemned her department for its treatment of a man awaiting psychiatric evaluation.

Health and Social Services Minister Peter Jenkins has answered questions for Taylor and cabinet spokesman Peter Carr has been a one-man roadblock outside the legislature. He is refusing to let Taylor talk to the public through the local news media.

But the reason her lips have been sealed changes depending on which Peter is speaking.

'The minister herself does not comment on specific cases that concern matters still before the court and this is still subject to appeal,' Carr said Wednesday.

Since it is still technically a criminal justice matter, she can't speak on it. That's despite the fact there will likely be no appeal since both the Crown and defence agreed to the verdict that the man, Steven Rathburn, was not criminally responsible for the assault and weapons charges he faced.

But in explaining why he is now answering the questions about Rathburn's case, Jenkins said Carr's reason for Taylor's silence is wrong.

'It's a health matter. It's no longer a criminal justice matter,' Jenkins said in an interview yesterday.

In the legislature, Jenkins explained it further.

'The individual was charged criminally and he was determined by the courts to be not criminally responsible for his actions. That would put the matter over from a criminal justice matter to a health matter, and that has happened.'

As for anything about the department's general policy for handling those who are being psychiatrically evaluated not the specifics of Rathburn's case Carr said only Justice officials would talk about it, not the minister.

Carr was asked why he was saying Taylor doesn't comment on these kinds of issues when she was interviewed by the Star about this ruling on Monday.

'I'm not aware that she commented to the Star on Monday.'

However, it was Carr who was asked by the Star for Taylor on Monday and he informed her about the request, leading to her response.

In Monday's interview, the minister mainly said she wouldn't comment on Judge Heino Lilles' ruling in the case.

She also refused to say if the jail is now off-limits for keeping accused criminals awaiting psychiatric assessments.

NDP Justice critic Lorraine Peter slammed Taylor for remaining silent.

'The minister is absolutely responsible for what the department is doing and the kind of decisions that's being made,' said Peter.

'The minister needs to be accountable for that. She needs to be answering these questions, instead of hiding behind her shield of men.'

Peter speculated Taylor may not be in hiding but may actually be muzzled.

'They're not allowing her to speak, and how can she condone that is beyond me,' said Peter.

'I believe that the minister of Justice has an obligation to the Yukon people to answer questions that need answers.This man that we're talking about has been wronged by this department.'

Lilles ruled last Friday that Rathburn should not have been kept in the 'hole', the segregation cell at the 37-year-old Whitehorse jail while awaiting his psychiatric evaluation.

The judge said someone in that kind of mental state should never be put in the hole. By doing so, the government breached the man's rights under the Canadian Charter of Rights and Freedoms, the judge concluded.

Lilles was upset the department ignored a point made by another judge four years ago that people in this type of mental state should not be kept in the hole.

Despite Lilles' points about the harm done to this man by leaving him in the hole, Jenkins said: 'What has happened shows that the system does work.'

After question period, the Health minister was asked to explain what he meant by that.

'(It means) that due process has been followed.'

Jenkins would not say anything more about how he thought the system worked for Rathburn. He would only say that Rathburn is now being treated at Whitehorse General Hospital.

But Jenkins said he is not disputing Lilles' ruling.

'I'm not disagreeing with anyone,' said Jenkins.

'The system has worked for (Rathburn). He's now in care and he's being looked after.'

The minister, however, is not totally familiar with Lilles' decision.

'I can't say I've read it completely, no. I've heard bits and pieces espoused by the official Opposition. There's been bits on the radio; I've heard that,' Jenkins said.

'That is absolutely pathetic,' the NDP's Peter said about the minister's lack of preparedness on the issue, which has received national publicity.