Michael Nehass sentencing hearing begins in Whitehorse

A sentencing hearing this week in Whitehorse could become a trial on practices at the Whitehorse Correctional Centre, as an inmate claims crimes he committed in jail may stem from how he's been treated while incarcerated.

Michael Nehass has pleaded guilty to assaulting a guard, causing more than $35,000 in damages to the facility, and threatening guards. However, he's argued that many months in solitary confinement are at least partly to blame for his actions.

Guards at the facility are currently testifying about the incidents. Some may return for a second phase of the hearing, when Nehass will try to make the case his Charter rights have been violated, and he's been the victim of an abuse of process.

Nehass has been in solitary confinement or segregation for much of his time in jail. One guard, who's worked at the Whitehorse Correctional Centre for 22 months, said he only remembers Nehass in regular cells for one hour during that time.

There's also a suggestion that two of the three incidents he's being sentenced for began when Nehass was singled out. In one case, unlike other prisoners, he was forbidden from having personal photographs in his cell. In another, he was ordered to put on a shirt, even though it was not unusual for inmates in the segregation section of the correctional centre to be shirtless. 

'Systematic abuse'

Nehass' case received national attention last year, when he appeared naked and in shackles during a video court appearance, as he was pinned to the floor of the correctional centre by guards in riot gear. In December, he received an apology from the presiding judge after his father filed a formal complaint. 

Nehass has been held on remand since December 2011 on charges laid in Watson Lake, Yukon.

He's been in and out of jail much of his adult life and has spent a lot of time in segregation — over 28 months, according to a complaint filed to the Human Rights Commission, a claim the Yukon Government denies.

His father, Russell Nehass, said in a submission to the Human Rights Commission that his son is an intergenerational survivor of the residential school system and suffers from several mental disorders. 

A judge ruled Nehass mentally unfit to stand trial in May, but was later overruled by the Yukon Review Board.​

In an October court appearance, Nehass fired his lawyer, accused the judge of bias, and demanded a trial outside the Yukon with an all native jury, but the judge would not step down.

Frustrated, he then told the court he'll plead guilty to all territorial charges against him, saying he's already been in jail three years without trial, and that's already more jail time than warranted.

Yukon's official opposition has described Nehass' treatment as "systematic abuse," and said that his time in solitary confinement demonstrates a lack of compassion for people with mental illness.

Nehass' hearing will continue through this week.