The Yukon government has again been criticized for its handling of a psychiatric case involving a Whitehorse man under the supervision of the territorial court.

Chief Judge Heino Lilles said as much as it appears a guard was removed from the man's side because of wrangling over money by two government departments, he hopes that is not the case.

'Quite frankly, I am dismayed, that is with a capital D, dismayed that corrections would merely deliver Mr. Carlyle to the hospital, get a receipt and wave goodbye,' Lilles told lawyers in court last Friday to address the issue.

'I am over simplifying things, but that is what seems to be.'

Lilles said Chad Daniel Carlyle has made significant progress since his Nov. 28 court date, when he was deemed not liable for five criminal offences because of mental health problems.

Carlyle was charged in September with two counts of assault, two counts of uttering threats and breach of a probation order issued by a B.C. court last January. The accused has been in custody since his arrest in late September.

He was assessed recently by mental health experts to be a continuing threat to the community until he is able to receive appropriate treatment.

The court order issued by Lilles Dec. 8 said Carlyle was to be under direct supervision at either the Whitehorse Correctional Centre or Whitehorse General Hospital, the judge emphasized.

'I do not know what about this order that people do not understand.'

Lilles suggested it was fortunate Carlyle's apparent progress kept him out of harm's way after the guard was removed.

The judge wondered, however, if such an incident were to happen again, and the individual did do something untoward, who would step forward and take responsibility?

In the future, the judge insisted, if the bureaucracy wants to change a court order, it needs to bring the matter back before the court.

It appears this was a case of administrators in corrections and health services making decisions based on money, not wanting to pay for services of a guard from their respective budgets, he said.

Lilles dismissed an attempt by Yukon government lawyer Zeb Brown to explain the decision to remove the guard. Brown said the guard was withdrawn only after thorough deliberations. It was not the result of budget disputes between the Departments of Health and Social Services and Justice, Brown told the judge.

Officials, he said, interpreted the order that required Carlyle be detained at either the jail or the hospital to include the flexibility to reduce the degree of supervision if it was warranted.

There is case law in Canada, Brown pointed out, where the definition of detained at an accredited psychiatric hospital amounts to individuals living in a community and reporting to the facility.

Lilles said the order was straightforward, and it was not an order under the Mental Health Act it was a court order. If government officials felt changes to the order needed to be made, they needed to come before the court, the judge reiterated.

He said allowing individuals to begin interpreting court orders on their own opens up dangerous ground.

Federal Crown prosecutor David McWhinney told the court that sometime in the 36 to 48 hours leading up to last Friday's noon-hour court appearance, officials had decided Carlyle no longer required a guard.

Carlyle, said McWhinney, was apparently permitted to wander at will around the hospital, and was frequently outside for a cigarette.

There was a point when staff did not know where he was, the prosecutor told Lilles.

He also noted there was an indication that some hospital staff had safety concerns.

But a letter on Carlyle's file indicates the guard was removed because the man made substantial progress and was compliant with the rules and co-operative with staff.

Paula Pasquali, a doctor of psychology with Health and Social Services, wrote the decision to remove the guard came after consulting with two practising psychiatrists and Carlyle's family doctor.

It was made to provide Carlyle with an opportunity to demonstrate ability and willingness to abide by hospital rules and behave appropriately toward staff, Pasquali wrote.

But Lilles noted last Friday the psychiatrist who participated in the initial assessment indicated Carlyle would show improvement with treatment, but that too much should not be taken for granted from his improvement.

It was also noted last Friday that officials in the Yukon had been assured earlier this month there was room for Carlyle at the Forensic Psychiatrist Hospital in Port Coquitlam, B.C. That, apparently, was not the case, McWhinney told the court.

The problem now, however, is with Carlyle's marked improvement, he's no longer in an acute situation. Facilities like the Port Coquitlam hospital are not likely to accept him ahead of a waiting list of more severe cases, Lilles was told.

Tom Ullyett, assistant deputy minister with the Department of Justice, said Monday officials were hoping to convene the territory's mental health review board to re-evaluate Carlyle's case. It was confirmed this morning the review board will meet Thursday to deal with Carlyle's case.

For reasons of privacy, said Ullyett, he could not reveal whether Carlyle has been returned to the hospital or the jail.

He did say officials reviewed both Lilles' original order and the judge's comments of last Friday to ensure the court order was being adhered to.

The psychiatrist who assessed Carlyle for the court originally told Lilles the accused should not be housed in the correctional centre because it was not therapeutic for him to be there, McWhinney reminded the court. He said the doctor indicated Carlyle needed to be in a hospital-type institution.

Lilles has lambasted the Yukon government in the past for its handling of criminally accused persons deemed not able to stand trial for mental health issues. It was some 20 months ago when the chief judge lashed out at the practice of housing those type of prisoners in a tiny, windowless and isolated segregation cell at WCC known as the hole.

A brighter and larger area has since been built for psychiatric remand cases in the 39-year-old jail.