The Crown plans to retry Michael Nehass.

Michael Nehass, 32, appeared in Yukon Supreme Court in Whitehorse this morning with his lawyer, Anik Morrow, via video from the Ontario Shores Centre for Mental Health Sciences.

Crown prosecutor Eric Marcoux appeared in person.

They discussed plans to proceed with the case after a mistrial was declared by Justice Scott Brooker on Feb. 15. Brooker appeared this morning via video.

Last week, Marcoux, Morrow and amicus Richard Fowler had a “discussion about practicalities” by phone.

“I think it’s fair to say that the Crown is intent on proceeding,” Morrow said in court this morning.

There were questions over whether Justice Brooker’s order that Nehass is unfit to stand trial has been vacated following the mistrial. Normally, a mistrial ruling vacates any previous orders.

However, Morrow, Fowler and Brooker agreed that the ruling would likely stand in this case.

“My reaction is my ruling will stand until which time another ruling is made,” said Justice Brooker.

A new trial court will have to decide when Nehass is fit to stand trial.

But it is unclear whether the trial will take place in territorial or supreme court.

Marcoux’s intentions were to have a judge-only trial in supreme court, but Morrow has asked him to consider having the case heard in territorial court.

These are the latest issues in a long and legally complicated case.

In May 2015, during a judge and jury trial, Nehass was found guilty of several charges, including assault with a weapon and forcible confinement.

The charges stem from the violent assault of a woman at knifepoint in Watson Lake in 2011.

Nehass remained in custody the entire time but was never sentenced.

As part of sentencing, the Crown was seeking to have Nehass designated as a dangerous offender.

But during his assessment at Ontario Shores, two doctors submitted reports finding him unfit.

On Jan. 24, Justice Brooker ruled that Nehass was unfit, relying on common law from the 1800s. The Criminal Code only addresses fitness before trial.

It’s believed to be the first time in Canadian history that someone has been declared unfit after he or she has already been tried.

This led to the mistrial order, as Brooker found there was nothing under the common law that allows judges to make treatment orders and the Criminal Code does not apply.

Nehass was first declared unfit by Justice Michael Cozens in 2014, but the Yukon Review Board overturned this decision.

He was also charged and pleaded guilty to several counts, including assaulting a corrections officer and causing damage to the jail, while he was in custody at the Whitehorse Correctional Centre (WCC).

As well, he filed charges under the Canadian Charter of Rights and Freedoms alleging procedural delays and poor detention conditions have violated his rights.

His father, Russell Nehass, filed a complaint with the Yukon Human Rights Commission in 2014 alleging discrimination and inhumane treatment by the WCC, including the overuse of segregation.

Now, Nehass will have to undergo the trial process again.

Justice Brooker, Nehass, Marrow, Marcoux, and Fowler will appear in Yukon Supreme Court on March 6 to decide whether the case will be tried in supreme or territorial court.

Nehass will remain at Ontario Shores for treatment.