Whitehorse Daily Star

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Michael Nehass

Offender is looking for a new lawyer

Michael Nehass is seeking a lawyer.

By Rhiannon Russell on July 31, 2015

Michael Nehass is seeking a lawyer.

The 31-year-old man has been self-represented for at least the past year and a half, as criminal charges dating back to December 2011 have progressed through Yukon Supreme Court.

Nehass has been in custody since that time, after a string of offences in Watson Lake.

He was convicted by a jury in May of forcibly confining a woman, holding a knife to her throat and breaching his probation.

Nehass was self-represented during his trial, though B.C. lawyer Bibhas Vaze was appointed to assist with the proceedings as amicus curiae, or friend of the court.

Crown prosecutor Terri Kaur is seeking a psychiatric assessment of Nehass to determine whether he should be designated a long-term or dangerous offender.

Nehass is opposed to the assessment.

It was expected that Justice Scott Brooker would hear arguments this week from Nehass, Kaur and Vaze. But instead, on Wednesday, Nehass said he wanted a lawyer’s assistance in arguing against the assessment.

Nehass also said he wants legal help with a Canadian Charter of Rights and Freedoms application he’s filed which alleges his human rights have been violated at the Whitehorse jail.

Given his lack of finances, Nehass applied for legal aid Wednesday night.

Lynn MacDiarmid, a Yukon Legal Services Society lawyer, appeared in court Thursday.

She described Nehass’ history with legal aid – he has fired three lawyers and expressed in the past he had “no confidence” in any assistance the legal services society could provide.

“It’s unlikely legal aid will agree to appoint counsel unless there has been a change in Mr. Nehass’ view,” she said.

After meeting briefly with him, MacDiarmid told the court “it’s clear really nothing has changed.”

The legal services society has a small roster of lawyers, some of whom have worked with Nehass previously, but those relationships have broken down.

MacDiarmid suggested to him that legal aid could attempt to obtain a funding certificate for an Outside lawyer, but she said he didn’t seem interested in that.

“It’s clear he doesn’t want any lawyer associated with legal aid here in the Yukon,” MacDiarmid said. “He would like to choose his own lawyer, and legal aid won’t allow him to.”

Nehass told the court he has “no confidence in the Yukon territorial state legal aid.”

Nils Clarke, the society’s executive director, appeared in court this morning to confirm legal aid’s decision. He told Nehass he could appeal the decision, but he doubted the board would change its mind.

The expectation now is that Nehass will seek a lawyer through a Rowbotham application, an attempt to have a state-funded lawyer appointed to his case.

This morning, he was quieter and calmer than he’d been earlier in the week, when he appeared angry and often interrupted the judge and lawyers.

“I want to apologize, Your Honour, for being pretty... uh...” he trailed off.

Brooker told Nehass to start making calls to Outside lawyers who could represent him.

The Whitehorse Correctional Centre has given him additional phone time over the next week to do this, court heard.

Brooker said it’s important for Nehass to have legal representation, if he wants it, for the long-term/dangerous offender assessment process.

It’s a “complex matter” with a “very serious result,” the judge said.

If the assessment is ordered, that doesn’t necessarily mean Nehass will be given one of the two designations.

Depending on the results, a long-term or dangerous offender designation may be recommended.

A long-term offender designation may be handed down for someone convicted of a “serious personal injury offence” who is likely to re-offend, according to Public Safety Canada.

It can result in up to 10 years of supervision in the community after the offender is released from incarceration.

A dangerous offender designation, on the other hand, may be given to those who are “a threat to the life, safety or physical or mental well-being of the public,” potentially leading to a lifelong jail sentence.

The case is adjourned to Aug. 10 to allow Nehass time to find a lawyer.

Once that happens, the next step will be a Rowbotham application.

Comments (2)

Up 20 Down 147

Yukon 56 on Aug 2, 2015 at 6:03 pm

A long-term offender designation may be handed down for someone convicted of a “serious personal injury offence” who is likely to re-offend, according to Public Safety Canada.

"It can result in up to 10 years of supervision in the community after the offender is released from incarceration"
How safe should we feel once this person is released?

Up 44 Down 164

Yukon 56 on Jul 31, 2015 at 4:37 pm

This will never end

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