Yukon man naked, shackled, at court appearance

[steven lloyd]

The Operational Policy of the corrections service in the Yukon [or for that matter, anywhere in Canada] would not be effected by Harper's wish to have offenders sentenced to more time for their crimes. They are apples and oranges!

The Operational Policy of Correctional Services might not be affected but the operational realities (and outcomes) certainly will be. You can’t start sentencing more people to jail time without adequate jail space and resources available to handle the increase in demand. It is much like filling your backyard with water and then trying to build a swimming pool around it.

(just to be clear, I do support tougher sentencing in appropriate circumstances)

[Ken7]

[15] Mr. Nehass presents a somewhat more complex picture. He is an aboriginal youth, only 19 years of age. Despite his youth, however, Mr. Nehass has managed to amass a significant record including entries for breaking and entering, assaults, assault with a weapon, possession of a weapon and uttering threats. Mr. Nehass has had a very troubled upbringing involving many upheavals including the death of his mother. He has had multiple caregivers and placements over the years, most recently living on the streets of Whitehorse. Mr. Nehass has severe alcohol and drug abuse problems. His downward spiral into addiction intensified when, only a few weeks before the attack on Mr. Martin, Mr. Nehass turned 19 years old and received $47,000 from his mother's estate. There is reason to believe that he suffers from conduct disorder and attention deficit hyperactivity disorder. Since his incarceration, Mr. Nehass has been involved in serious and continuous incidents including assaults on other inmates, self-mutilation, repeated damage to gaol property and attempts at suicide.

After reading this and having experience in keeping prisoners and staff safe, what are the options? There really are no options, if he committed suicide in cells once again all the do gooders would be up in arms.

[steven lloyd]

After reading this and having experience in keeping prisoners and staff safe, what are the options?

Sometimes there are no options. Sometimes it is just too late.
There are people who should not be in jail.
There are people who should never be let out of jail.

I see you don't have a PM function

[fvkasm2x]

Important to note that this did not occur in a courtroom, but in a prison during a video court appearance.

In guessing he's being held naked so he doesn't hang himself with his clothes. I'm no expert, but it seems to me that there must be some better way to subdue the guy. Like a straight jacket and a Hannibal mask.

No matter what, this is ridiculous and now sets him free most likely.

Problem offenders, suicidal offenders, etc... Are given "baby dolls" which is basically a poncho made out of special material that they can't rip to use as a weapon or rope to do any damage. There is never a reason to house/move/keep an inmate naked. Even if it was CCTV court with no witnesses... These idiots just gave him a massive legal loophole.

[Ken7]

No matter what, this is ridiculous and now sets him free most likely.

Problem offenders, suicidal offenders, etc... Are given "baby dolls" which is basically a poncho made out of special material that they can't rip to use as a weapon or rope to do any damage. There is never a reason to house/move/keep an inmate naked. Even if it was CCTV court with no witnesses... These idiots just gave him a massive legal loophole.

Loophole, do you think this is the first naked appearance? I doubt it and I can't see it as they have to consider all safety aspects, prisoner and staff.

[LordEd]

Question: Why was he naked? The article said he was brought naked, but is not clear to what happened to his clothes. It doesn't say he was stripped prior to attending or being held naked.

http://www.cbc.ca/news/canada/north/yuk ... -1.2643977

Cable says the prisoner was brought naked into the court hearing because the court ordered him to attend, but he refused to go, or to get dressed.

So basically he decided to forgo clothes in an attempt to avoid the court hearing, but his bluff was called.

[A_Britishcolumbian]

better late than never. still some very disturbing things going on in the yukon though.

‘I sincerely apologize to Mr. Nehass,’ judge says
A Yukon Supreme Court judge has apologized to Michael Nehass

By Rhiannon Russell on December 3, 2014

A Yukon Supreme Court judge has apologized to Michael Nehass for not removing him from the courtroom as soon as he realized the inmate was naked during a video appearance from the jail earlier this year.

Justice Leigh Gower’s apology was prompted by a complaint about last January’s incident that Nehass’ father, Russ, filed to the Canadian Judicial Council.

“I sincerely apologize to Mr. Nehass for the embarrassment I caused to him by not acting to improve the situation sooner,” Gower is quoted as saying in a Nov. 18 letter from the council to Russ Nehass.

“I fully appreciate how he views this incident as an affront to his dignity.”

The Star obtained a copy of the letter from a third party.

In his July complaint, Russ said his son was subjected to “inhumane and degrading public exposure” when he appeared naked in court via video feed from the Whitehorse Correctional Centre.

He believes that Gower and the lawyers present disregarded his son’s dignity and human rights.

His complaint led to a review by Robert Pidgeon, the vice-chairperson of the Canadian Judicial Council’s judicial conduct committee, which involved accessing court documents and seeking comments from Gower.

Russ could not be reached by the Star for comment before press time this afternoon.

Bibhas Vaze, Nehass’ lawyer, declined to comment on the matter.

Nehass’ case has raised concerns about human rights violations at the jail.

He has been in custody for just shy of three years, awaiting trial, and he has spent long periods of time in segregation – two years, he alleges, but the territorial Department of Justice denies that.

Russ has also filed a complaint with the Yukon Human Rights Commission about his son’s treatment at the jail.

The Jan. 22 incident attracted national attention.

According to the council’s letter, signed by executive director Norman Sabourin, Nehass was scheduled to appear before the court via video conference at 10 a.m. that day, but he refused to attend.

Gower, informed of this, was “concerned” about the various delays of Nehass’ case, and was aware his fitness to stand trial might be an issue.

“Justice Gower felt a further non-appearance would result in more delays and would do nothing to advance the prospect of resolving Mr. Nehass’ situation,” the letter states. So he asked that Nehass be brought to the jail’s video conference room.

He was not visible on the screen in the courtroom until 10:09 a.m.

Until that time, Gower could hear Nehass yelling, but “was unable to ascertain what the situation was,” the council’s letter states.

When Nehass appeared, according to the court transcript, three guards in full riot gear were restraining him on the floor.

He requested that he be allowed to sit in a chair before the camera, because he was having difficulty talking to the judge “with my face twisted into the f***ing floor.”

Gower said that if the guards were comfortable with managing him while he was in a standing position, perhaps they would allow that.

But Nehass objected: “I’m naked; how can I stand up with my naked body in front of a camera? I want to be sitting up in a chair so I can address the court f***ing simply.”

Gower asked the guards about their security concerns, and Nehass said, “Cover up my penis, man, cover up my penis, it’ll be f***ing seen on camera,” according to the transcript.

It was once Nehass sat down that the judge confirmed he was naked, at least from the waist up, the council’s letter states.

The hearing proceeded, with Gower reading the charges Nehass was facing and an agitated and, at times, incomprehensible Nehass interrupting.

At 10:16 a.m., unable to proceed with Nehass angrily interjecting, demanding his family be present, Gower ordered he be removed and the video link cut off.

Nehass was not visible below the waist at any time, according to the letter.

“Justice Gower recognizes that he ought to have removed Mr. Nehass from the room as soon as he confirmed that Mr. Nehass was in fact naked, and that he should have proceeded in his absence sooner,” Sabourin writes in the letter.

Pidgeon, the investigating chief justice, “is satisfied that Justice Gower has learned from the experience,” and believes Gower “acted in good faith with the intent to advance the matter and avoid delays that might be detrimental to Mr. Nehass.”

It was not an ideal situation – the judge didn’t have visual contact with Nehass immediately and had difficulties understanding him, Sabourin writes.

With this letter to Russ, the file will be closed, he says.

When it comes to judicial conduct, the Canadian Judicial Council’s mandate is to determine whether a recommendation should be made to the minister of Justice that a judge be removed from office.

This could be recommended when a judge is no longer able to perform necessary duties for reasons including misconduct, old age or infirmity.

Meanwhile, Nehass is still in custody. He appeared in court last week, and pleaded guilty to five charges he faces in territorial court: breaching the jail, assaulting a correctional officer, uttering threats, and two counts of mischief.

These charges were laid during his time in custody at WCC.

Nehass said that although he doesn’t agree with the Crown’s version of events, he is willing to plead guilty to the offences.

He also faces charges in Supreme Court related to a 2011 alleged incident in Watson Lake – assault, assault with a weapon, uttering threats, possession of a weapon for a dangerous purpose, breaching probation, intimidation and forcible confinement.

He said last week he would plead not guilty and take the charges to trial.

http://www.whitehorsestar.com/News/i-si ... judge-says

[Treblehook]

Who cares... period? This is old news, well hashed over in the past. Move on.

[A_Britishcolumbian]

who cares about inmates being tortured? everyone should.

[rustled]

You've referred to the restraint of an out-of-control inmate, one well-known for previous brutal acts of violence, as "torture."

Of course we should care when inmates actually are being tortured. You may want to reserve that term for that purpose.

[A_Britishcolumbian]

he's spent a decade of his life in an institution with a 2 year max. much of that time in a very small solitary cell for 23 hours a day, sometimes over a year at a time.

“Segregation, isolation, separation, cellular, lockdown, Supermax, the hole, Secure Housing Unit… whatever the name, solitary confinement should be banned by States as a punishment or extortion technique,” UN Special Rapporteur on torture Juan E. Méndez told the General Assembly’s third committee, which deals with social, humanitarian and cultural affairs, saying the practice could amount to torture.

“Solitary confinement is a harsh measure which is contrary to rehabilitation, the aim of the penitentiary system,” he stressed in presenting his first interim report on the practice, calling it global in nature and subject to widespread abuse.

Indefinite and prolonged solitary confinement in excess of 15 days should also be subject to an absolute prohibition, he added, citing scientific studies that have established that some lasting mental damage is caused after a few days of social isolation.

“Considering the severe mental pain or suffering solitary confinement may cause, it can amount to torture or cruel, inhuman or degrading treatment or punishment when used as a punishment, during pre-trial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles,” he warned.

The practice should be used only in very exceptional circumstances and for as short a time as possible, he stressed. “In the exceptional circumstances in which its use is legitimate, procedural safeguards must be followed. I urge States to apply a set of guiding principles when using solitary confinement,” he said.

http://www.un.org/apps/news/story.asp?N ... IEqhNLF-Do

[rustled]

Seems to me that putting any inmate with this man's history in with the general population "could amount to" "torturing" all of them.

Ah, well. From reading your posts it seems pretty clear the police and anyone associated with them will be condemned by you regardless of what they do.