Whitehorse Daily Star

‘What you're doing is wrong,' accused tells judge

A Yukon territorial court judge has found Michael Nehass unfit to stand trial following a forensic psychiatrist's court-ordered report.

By Christopher Reynolds on June 2, 2014

A Yukon territorial court judge has found Michael Nehass unfit to stand trial following a forensic psychiatrist's court-ordered report.

Nehass, a 29-year-old inmate accused of assaulting a jail guard at the Whitehorse Correctional Centre (WCC) last summer, may now face years in a psychiatric institution outside the territory.

Languishing in WCC on unrelated charges since December 2011, Nehass claims to have spent more than two years straight in solitary confinement, which the Department of Justice denies.

"I'm satisfied beyond any doubt that Mr. Nehass has a major mental disorder,” Judge Michael Cozens said Friday afternoon.

"Paranoid and grandiose illusions … overwhelm his ability to maintain a rational connection for any sustained period of time…. Mr. Nehass could not effectively act in court,” Cozens concluded.

The judge cited renowned psychiatrist Shabehram Lohrasbe, who noted Nehass seemed to meet at least some of the Canadian Criminal Code criteria for trial fitness: understanding the nature of the case and people involved, recognizing the possible consequences of a guilty verdict and communicating effectively with legal counsel.

"Mr. Nehass is acutely aware of the real-life jeopardy he may be in,” Cozens told the court.

But with his facts "filtered through a delusional lens,” Nehass would probably not "internalize” his court-appointed lawyer's advice nor maintain "a rational understanding” of his case, which would "likely quickly be derailed,” the judge said.

Referencing case law, Cozens added that "meaningful presence and meaningful participation are the touchstones of fairness” in a criminal trial.

While mental illness does not necessarily render an individual unfit for trial, fighting criminal charges in court requires a sound capacity for "rational choice,” Cozens said.

"He's injecting what are psychotic themes into his current legal procedure.”

The judge used the analogy of connect-the-dots images and paint-by-number kits.

Properly aligned "spheres of understanding” demand that individuals "stay close within the lines and understand the colour associated with each number,” he added.

Lohrasbe, a Vancouver-based forensic psychiatrist, gave two reports on Nehass,.

One last January was based only on court documents and other records.

Another last month included a sit-down interview with the accused.

Lohrasbe concluded Nehass suffers from a light form of bipolar disorder, with symptoms associated with thought disorder, conduct disorder and schizophrenia.

Disorganized thinking, violent outbursts and paranoid fantasies characterize the latter three, respectively.

"It's all jumbled up,” Lohrasbe said of Nehass's thought process. "The ideas don't hang together.”

Nonetheless, Nehass was "friendly to correctional staff” and "capable of reasonable discussion,” Lohrasbe noted, at least during their time together during the assessment process.

As a youth, the extent of Nehass's diagnoses went no further than attention deficit hyperactive disorder (ADHD) and conduct disorder — "but no clear evidence of a mental disorder” — Lohrasbe pointed out.

Nehass, shackled at the arms, waist and feet, stood up in court following the ruling Friday.

"This is not over. I am not crazy. And what you're doing is wrong,” he said, addressing the judge.

"You can say that you're trying to look out for my rights, but you're not.”

Nehass hit the same themes as he did at a court hearing earlier last week.

He insisted he endured forced sterilization at WCC and launched into a monologue about land use claims and First Nations sovereignty.

The territorial government is "biased and corrupt,” he said, alluding to supposed scandals involving the Illuminati and the Bilderberg group, among other conspiracy theory mainstays.

Nehass vowed to appeal Cozens' decision.

Linda Bonnefoy, head of the Yukon Civil Liberties Coalition, stood up in the public gallery late Friday afternoon, arguing that Nehass's treatment at WCC caused his current mental state.

"It has not been addressed that Corrections has abused him and kept him in solitary confinement,” she said.

A complaint with the Yukon Human Rights Commission filed by Nehass's father claims he not only suffered for more than two years in solitary confinement, but endured smoke canisters in his cell and was fed for months on nothing but bologna and cheese sandwiches.

Nehass was also dragged naked and shackled before a Yukon Supreme Court judge via tele-link for a case management conference last January, an incident that has made headlines across the country when it became public last month.

Cozens acknowledged the human rights commission complaint and stated the issue of possible inhumane treatment was not before the court: "There's a time and a place.”

One of Nehass's family members also stood up in the courtroom, filled with about 20 members of the public as well as two RCMP officers and two court sheriffs.

"I've known him since he was yay,” she said, holding up her hand, "a small boy going to school and the problems he has gone through. I'd like to say that he has no problem, not with the mind and not with his family background.”

A territorial review board will make a decision on treatment and care for Nehass. Down the road, the review board can also determine when, if ever, he would be fit to stand trial.

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.

Nehass did not consent to his remand custody following Friday afternoon's ruling. He is next due in court for a bail hearing.

Comments (3)

Up 11 Down 0

jack on Jun 3, 2014 at 8:58 am

Who is Linda Bonnefoy? And what is the Yukon Civil Liberties Coalition? Can I make up an organization and get quoted in the newspaper? All the quacks are out.

Up 13 Down 5

Josey Wales on Jun 2, 2014 at 2:20 pm

Hmmm...imagine eh?

Can I smell a NCR up & comer or what?

When they do release him, and I suspect they will sooner, far sooner than later.

I hope he stays clear of me, as I yield not to criminal violent scumbags...of any ethnicity.

Up 7 Down 3

June Jackson on Jun 2, 2014 at 10:10 am

Holy cow! They're going to let him out!

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