Whitehorse Daily Star

‘They're treating me inhumanely at WCC': inmate

Michael Nehass appeared in territorial court for a fitness hearing Monday,

By Christopher Reynolds on May 27, 2014

Michael Nehass appeared in territorial court for a fitness hearing Monday, evidencing on the stand both his thorough understanding of the case and his suspicion of a grand government conspiracy after a forensic psychiatrist testified to his mental state.

The 29-year-old inmate, who was brought shackled and naked before a judge via video link earlier this year, argued he is not unfit to stand trial.

"Any claims of delusion are unfounded,” said the accused, charged with uttering threats and assaulting a guard at Whitehorse Correctional Centre in 2011, among other breaches.

Nehass's father filed a human rights complaint earlier this year over his son's treatment at the jail, which the accused elaborated on Monday through "claims about the Yukon government going fully rogue.

"I've been abused ever since ... 2008 ... and I have had things done to me that are wrong,” Nehass said.

"They're treating me inhumanely at WCC.”

Nehass's father Russell (who goes by Nacoth) filed the complaint this month against the government and WCC for allegedly holding his son in solitary confinement for 28 months straight, among other abuses.

The department denies the allegations, though admits one prisoner was held for nearly four months consecutively.

Officials would not reveal that inmate's identity, citing privacy concerns.

Nehass went beyond the allegations laid out in the complaint, which include enduring smoke canisters in his cell and being fed for months on nothing but bologna and cheese sandwiches, to cite a web of conspiracies involving the top brass of the government and the justice system.

"Freemason is the real name used by ... the Yukon government,” he told the court.

Nehass touched on international conspiracy theory mainstays like the Illuminati, the Bilderberg group and a "secret government society” which he says were all ultimately responsible for supposed incidents like his forced sterilization, nanochip brain implant and attempted cyanide poisoning in prison.

"Is it delusional to say that those government officials had me sterilized?”

"Yes,” replied Shabehram Lohrasbe, a renowned forensic psychiatrist based in Vancouver and in court via tele-link Monday morning.

Lohrasbe gave a nuanced assessment of the accused.

When Nehass is "calm,” he can be "focused” and "very intelligent,” Lohrasbe said, following a recent sit-down interview with the inmate prompted by a court-ordered report.

"But if you look at the totality of what Mr. Nehass says, I have no doubt that he is delusional.”

That does not necessarily mean Nehass is unfit to stand trial.

To be deemed such, the accused must not comprehend the nature of the trial or its possible consequences, the people involved in his case or how to communicate effectively with his lawyer, according to the Canadian Criminal Code.

Lohrasbe said Nehass appeared to meet each of these criteria, despite his apparent paranoia.

"Mr. Nehass is acutely aware of the potential ... consequences,” he said.

Nehass was capable of co-operating with correctional officers and siting through a lengthy interview with the doctor himself.

"So extrapolating from that he should be able to, on a good day, communicate with his (legal) counsellor.

"Even very ill people can put their preoccupations aside,” Lohrasbe added, but tacked on a warning.

"I haven't seen any information that would indicate that Mr. Nehass understands ... that this process is about his potentially criminal actions” — as opposed to personal sabotage by the government.

"He is massively emotionally invested in this ... combination ... of conspiracies.”

Bob Dick, Nehass's legal aid lawyer, questioned Lohrasbe's definition of delusional, drawing comparisons between the world views of conspiracy theorists and devout Christians — or at least biblical literalists.

"Some people believe a man walked on water,” Dick said.

"I certainly don't see any religious beliefs as delusional,” Lohrasbe replied.

At times, Nehass appeared agitated in court, biting his lip, raising his voice and appealing to the public gallery — packed with about 20 observers.

Judge Michael Cozens took a patient tone and indulged Nehass when he spoke at length, despite getting off topic.

Nehass also seemed to affirm Lohrasbe's observation about his sharp comprehension skills — "when he sets his preoccupations aside” — by laying out on the stand how he met the criteria for trial fitness.

"Yes, I'm a little bit amped up,” he acknowledged, "because when you say I'm mentally ill, then I won't even be present for trial and I can be locked up in a psychiatric ward.”

As a youth, Nehass was diagnosed with ADHD. A doctor also found that he suffers from conduct disorder, which involves patterns of violent or disruptive behaviour.

If found unfit, Nehass would be supervised by a territorial review board which would determine when, if ever, he would be fit to stand trial.

In that situation, Nehass could be given a conditional discharge, detention in an Outside hospital or a treatment order of 60 days or fewer.

"Many of those confined to mental health hospitals are confined for long periods — sometimes even longer than if they had been found guilty and sentenced for the crime with which they were charged — however, the opposite is also true,” according to the Canadian Resource Centre for Victims of Crime.

Cases for individuals committed to mental hospitals, for which there is no fixed sentence period, are reviewed annually.

Last January, the Crown asked the court to order an assessment to determine Nehass's fitness to stand trial.

A guilty verdict for Nehass's alleged assault on a guard and uttering threats could result in a sentence no longer than the time he has already spent in jail since December 2011, meaning no additional time would be tacked on post-sentence.

He could potentially be declared a long-term offender if found guilty, a fact he acknowledged on the stand.

The designation, which requires at least a two-year sentence and suggests a reasonable possibility of sexual or violent re-offence, means he could be supervised for up to 10 years in the community following his release.

Last October, a judge found a WCC guard's complaints of assault and uttering threats against him by Nehass in a more recent incident to be unprovable.

Video footage from the isolation unit at the jail revealed no such assault took place, or even the raising of a fist, as guard Eldan Schmidt had claimed.

Earlier last year, however, Judge E. Dennis Schmidt noted that "Mr. Nehass has been a very difficult prisoner; probably one so difficult has never been experienced.”

Nehass has said that he has only been allowed out for fresh air four times during his supposed 28 months of segregation.

He claims he was stripped naked by riot-clad guards before the January court appearance. The Justice department denies this.

He also said that "that he was suffering from stress and that he was lashing out due to human rights abuses,” according to the complaint.

A regulation in the territorial Corrections Act stipulates that an inmate can be placed in segregation if a guard reasonably believes the prisoner "suffers from a mental illness.”

A 2011 report from the special rapporteur of the UN Human Rights Council on torture and other cruel, inhuman or degrading treatment or punishment spoke to the issue of segregation in prison.

"Negative health effects can occur after only a few days in solitary confinement, and the health risks rise with each additional day spent in such conditions,” according to the report.

"The adverse effects of solitary confinement are especially significant for persons with serious mental health problems which are usually characterized by psychotic symptoms and/or significant functional impairments,” the report stated, citing a 2010 article from the Journal of the American Academy of Psychiatry and the Law.

The report concluded that for vulnerable groups like youth and people with possible mental illness, states should institute a prohibition on segregation.

Prolonged segregation — anything exceeding 15 days — should not be allowed.

After just seven days in solitary, the effects of segregation can become irreversible, the report stated.

Comments (6)

Up 3 Down 12

sally on May 30, 2014 at 9:45 am

I have been reading and following this sad situation that's been going on for some time and I think WCC should be investigated for the way they treat "all" inmates and including Nehass . With saying that, I think they need to sentence Nehass and send him to a mental psychiatric hospital...like Brookville, in Ontario and this is where Nehass can get the proper help and counselling. As far as I know the Yukon Territory has no"mental"health facilities and even the present one in WGH is not properly staffed and able to tend patients with extreme conditions. The court system is also getting overwhelmed with Nehass and again tax payers money is going to waste cause the justice system can't see what's really happening here and this is Canada. As Canadians we should be all treated with respect and dignity. Accept it for what it is and deal with this and take full responsibility. I sure hope that they will see the big picture and stop looking at all the wrong "one "person is causing, cause really it takes "two". All the best to Nehass and his father. My thoughts and prayers are with you..

Up 18 Down 3

bill williams on May 29, 2014 at 11:39 am

This person is a risk to reoffend 15 min after he is released. When he kills someone all we will hear is crickets from the bleeding heart crowd. If Lois wants to take him home go for it.

Up 44 Down 7

oh please on May 29, 2014 at 12:55 am

They're treating HIM inhumanely? What about all those people he treated inhumanely like they were just objects? As they say, karma is a b!tch.

Up 30 Down 4

Josey Wales on May 28, 2014 at 10:51 am

@Thomas...yes valid point, however I see more NCR being probable a few more assaults later?

NCR or Not Criminally Responsible is all the rage these days. Kinda like a Canadian way of saying..."ah well...whatda ya going to do?"

I sure hope time ever so proves me wrong, but duly note my "vision" on this pariah.

...and that is not even factoring the Gladue issue, folks seems it is us who must adapt to him.

For complete inclusion, from the PC Crusaders and the circus they operate under...

"Only in Canada you say?...pity!"

Up 64 Down 8

Thomas Brewer on May 28, 2014 at 2:24 am

If ever there was a person deserving of dangerous offender status, it's this guy. Absolutely no chance for rehabilitation.

Up 84 Down 12

June Jackson on May 27, 2014 at 7:19 am

uh-huh.. Mr. Nehass IS in the wrong place.

He needs to be locked up in a facility for the criminally insane.

I think options for this young man are extremely limited.

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