Under mental health laws, Michael Nehass will remain in care against his will

A Yukon man diagnosed with mental illness will not walk freedespite having his charges stayed.

Michael Nehasswill instead be transferred to the Hillside Centre psychiatric hospital, a 44-bed facility on the Royal Inland Hospital campus in Kamloops, B.C.

The decision was announcedin Yukon Supreme Court Tuesday.

Nehass, who appeared by videoconference from a mental health facility in Ontario,seemed surprisedby the news and became agitated.

"Wait are youtrying to send me to another hospital?" he said interrupting proceedings.

He demanded to be released immediately.

"I am an innocent person since my charges were stayed," he said loudly into a microphone. "I would like to come home now. Not be committed. I need to go back to Whitehorse," he said.

"This court needs to stop jerking me around. I have been in custody for six years already. This is bullshit."

Nehasskept insisting he should be set free.

Thecourt muted his microphone and continued its discussion.

Best way to 'address public safety concerns'

Nehass is being detained under B.C.'s Mental Health Act, whichallowfor judges or medical professionals to admit people to hospital against their will. Similar acts exist in Yukon and Ontario.

Nehasswas diagnosedwith schizophrenia last year.

Anik Morrow, who has served as Nehass'sdefence lawyer, said he has shownsigns of improvement while at a psychiatric hospital in Ontario, and seems to be responding to medication. However, she said"his mental state still changes from day to day."

For example, on Friday, Nehassemphatically told the court he wanted to transfer to B.C. and receive treatment. He later changed his mind.

Morrow described his hospitalization in Kamloopsas the "best way to address public safety concerns."

Nehass has a history of violence. In 2003, he was convicted for taking part in the torture and beating of a Whitehorse maninassault called"premeditated, gangland-style enforcement" by the court. It included the severing of the man's finger.

In 2011, he was charged withassault related to threatening a woman at knifepointin Watson Lake. He was found guilty, however the trial was declared a mistrial and the charges later stayed.

While at the WhitehorseCorrectional Centre, he incurred new charges relating to violently punching a guard. Those charges were also stayed by a judge last week.

• Yukon inmate, jailed 6 years and diagnosed with mental illness, may go free as Crown stays charges

Father, brothersupport move

Nehass's family is in support of the move, Morrow told the court. She said his father and one brother have offered to provide support by moving to B.C. themselves.

Nehasssaid he did not believe this.

Later, speaking outside the court, Morrow said: "everyone is in agreement that they would like Michael back. Back in the way they used to know him. They all want treatment for him, they are all on the same page."

Lawyer supports call for public inquiry

The Yukon NDP has called for a public inquiry into Nehass's lengthy ordeal. Morrow supports the notion.

• Yukon NDP calls for public inquiry into 'profoundly disturbing' Michael Nehass case

"It is inexplicable that [arrangements to transfer to a hospital]were not made earlier," Morrow said.

While testifying in the case, Yukon'sdirector of Corrections, Patricia Ratel, said her department needs more resources to deal with mental illness, including a full-time psychiatric nurse.

Morrow repeated thatcall today.

"We had evidence before the court, from the director of corrections, who wished to have more resources and understood that mental health could not be properly addressed within the WCC.

'You can't put a person in a jail, treat them like they're in a jail, and call that place a hospital," she said.

CBC is seeking comment from Yukon's Minister of Justice.