Titus Charlie, a Whitehorse man living with dementia, has been ruled unfit to stand trial for assault.
Charlie, 53, has been in jail since his arrest on Christmas Eve outside the Salvation Army shelter in Whitehorse.
His lawyer, Bob Dick, had little trouble convincing Yukon territorial court justice Peter Chisholm on Thursday that Charlie should not stand trial.
Charlie has a lengthy criminal record that includes sexual assault, but in 2008 and again in 2011 he was deemed unfit to stand trial by the Yukon Review Board.
Past assessments of Charlie state that he has irreparable brain damage and dementia fuelled by alcohol abuse.
Dick said the next step is to get Charlie back into the St. Elias group home he prefers.
"He was happy there, compared to some of the other places he's been," Dick said. "He does like it there."
Dick also said the St. Elias group home won't take Charlie unless he comes with orders for 24-hour supervision.
"He's been there before and he needs to be looked after, because his memory is so bad he doesn't remember what he's supposed to do."
The Yukon Review Board makes all decisions about what happens to Yukoners facing criminal charges but deemed unfit to stand trial. A hearing could happen within two weeks.
In the meantime, Charlie will stay in jail.