After 5 years, Michael Nehass to exit Whitehorse Correctional Centre

Michael Nehass did not react with happiness when he learned he'd be leaving Whitehorse Correctional Centre after five years.

This despite the factthat critics have described his time there as 'systemic abuse'and 'psychological assault."

Instead, Nehass told the Yukon Supreme Court he'd changed his mind.

On Wednesday, Nehass had told the court of his desire to go to Ontario.

"I have the right to refuse treatment," he said Thursday.

Nehass then launched into a rant about mind-control, the United Nations, spies, brain implant chips and his belief that the RCMP, and all levels of world governments, are responsible for secret kidnappings and conspiring against him.

Justice Scott Brookerquietly waited for the rant to end.

"I've made the order I've made," he said finally.

The order means Nehasswill be sent to the Ontario ShoresCentre forMental HealthSciences for a 30-day assessment of his mental health.

Depending on the conclusions, he could stay there indefinitely.

Judge overturns review board ruling

Justice Scott Brooker said Nehass's mental health has been an issue for many years.

Doctors have previously diagnosed him with psychosis and paranoid delusions. They've also testified that Nehass's condition has been made worse by his prolonged time in segregation at Whitehorse Correctional.

However, the court had to find a way to re-open the issue.

In 2014, a controversial decision from the Yukon Review Board overruled a territorial court's decision to find Nehass unfit for trial despite Nehass's repeated rants about mind control.

This week the Crown argued that a phrase found in 1800scommon law "no person can be rightly tried or executed while insane" would allow the court to call for a new assessment despite the review board's finding.

Justice Brookersaid the Yukon Supreme Court's role includes fixing "disorders of process" and preventing miscarriages of justice.

"The common law since early times has recognized that the court has the authority to consider mental health."

• Reporter's Notebook: Court allows man once diagnosed as 'psychotic' to defend himself

Yukon government approves

The Yukon government has already agreed with the court's recommendation.

The government's approval means that Nehass will be transferred to Ontario "forthwith," which could be as early as next week.

A hearing as to whether to declare him a dangerous offender will resume in January and discuss the conclusions.

Crown prosecutor Eric Marcoux says Nehass may not return to Yukon.

If Nehass is judged mentally unfitto stand trial, it's possible he could stay at Ontario Shores indefinitely because that facility is equipped to deal with mental illness.

This week Justice Brooker said "facilities in Yukon are lacking in that regard."