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

Crown prosecutors in Yukon have stayed all criminal charges against Michael Nehass, effectively ending what's been one of the territory's mostcomplexand longstanding legal battles.

The Crown's decision marks a completereversal since last year, when prosecutorstriedto have Nehass, 33,declared a dangerous offender something that could have jailed him indefinitely.

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Prosecutors told Yukon Supreme Court on Friday they had no further concerns about public safetyand that it was not in the public interest to proceed with a criminal case.

Nehass, 33,has been in custody since 2011. He was initially jailed for assault andlater accumulated charges related to violent and property crimeswhich occurred while he was in jail, such as setting a fireand assaulting a guard.

Nehass's lawyers, and other critics, have long argued that Nehass' mental health was made worse by long periods ofsegregation at Whitehorse Correctional Centre (WCC). He was often kept alone for 23 hours a day.

On Friday, Yukon Supreme Court heard that Nehasswas not allowed to shower without being in shackles while at WCC.

Mental health treatment

What's not clear now, though, is where Nehass goes next.He no longer faces criminal charges, and sois no longer on remand.

Last year, hewas diagnosed with a form of schizophreniaand moved from WCC to a facility inOntario, called the Ontario Shores Centre for Mental Health Services. He's been there since then.

Court has heard that Nehass is taking medication there and responding well to treatment.

In pastcourt appearances, a distressed Nehasshas spoken of conspiracies, brain microchips and mind control, but notsince transferring to Ontario.

Outside the court, Crown prosecutor EricMarcouxsaid he believesNehasscould be "better dealt with through thehospital system rather than the criminal justice system."

His defence attorney, Anik Morrow, told the court Friday thatNehassshould not be "unceremoniously dumped onto the sidewalk in Ontario."

Nehasshimself also addressed the court on Friday. He first said he wanted to be sent to a mental health facility in B.C. for more treatment. He then changed his mind, andinsisted hewanted to return to Whitehorse.

He said he should be freed to stay in a hotel, but the court refused. Instead, Justice Ron Vealeextended a previous treatment order, effectively forcingNehassto remain atOntarioShores until at least Tuesday.

That's when thecourt willreconvene to decide when or howNehasswill go free and whether he will be admitted to another treatment facility.

'Shameful' treatment, says defence lawyer

Justice Vealesaid Friday thatNehass's case raises concerns about the Canadian justice system.

"There are very serious issues relating to the treatment ofMr.Nehass in the past five years,"Vealesaid.

Defence attorneyAnikMorrow agreesand said Nehass'treatment by the justice system has been "shameful." She said the stay of charges should not mean hiscase is forgotten.

"The government needs to hear about this," Morrowsaid. "When we look atNehass's case, it speaks to resources for the mentally ill."

Morrow addedthe Canadian justice system needs to"develop solutions to make sure this never happens again."

During a previous court appearance, Yukon's Director of Corrections PatriciaRatelagreed that WCC is "not adequate" for inmateswho arementally ill.She added that jail staff are often inexperienced in dealing with mental illness, but said the facility had no choice but to house Nehass.