A Yukon judge's novel ruling on the legal definition of "fitness to stand trial" has been overturned, meaning a 74-year-old prisoner at the Whitehorse jail has now been deemed mentally unfit to stand trial.

Raymond Hureau has been behind bars for three months on mischief charges for disrupting Easter services at Sacred Heart Catholic cathedral in Whitehorse.

A variety of Yukon judges have questioned his mental fitness. In a precedent-setting ruling last month, territorial court judge Heino Lilles deemed Hureau mentally unfit to represent himself, but fit for trial as long as he had a lawyer.

On Wednesday, Yukon Supreme Court deputy judge Thomas Heeney ruled Lilles overstepped his jurisdiction with that judgment.

Heenie says it's regrettable Hureau remains stuck in jail on such minor charges. He's ordering legal aid lawyer Bob Dick to represent him at his next hearing.  

Dick says he'll do what he can, but questions the logic of working towards a trial.

"He's already been punished so there's no point in having a trial in the first place."

Hureau is a staunch Catholic with extreme conservative views about gay rights. He's been barred from Sacred Heart Cathedral and Holy Family School.

Being mentally unfit to stand trial means Hureau will remain in custody until he's treated. He's been promised a hearing with the Yukon Review Board within 45 days.