Man re-arrested after dismissal of charges
The Whitehorse man whose child pornography case was dismissed Monday morning was re-arrested that afternoon.
The Whitehorse man whose child pornography case was dismissed Monday morning was re-arrested that afternoon.
Shortly after Brian Nowazek’s release, a warrant was issued based on the fear that he would commit further sex offences.
Nowazek had been in custody for his most recent charges for almost two years, but the 69-year old has a long history of child sex-related offences.
In the U.S. in 1992, Nowazek was classified a lifetime offender. He was sentenced to 10 years in jail for solicitation of a minor, and for trying to molest a child.
In 2007, as part of a national RCMP investigation, he was charged with possession and accessing child pornography.
In 2009, Nowazek pleaded guilty to possession of child pornography charges, as well as to a number of firearms offences.
In July 2014, police searched Nowazek’s home and computer, finding evidence of child pornography and firearms violations.
This evidence comprised the entirety of the Crown’s current case against Nowazek.
However, in Yukon Supreme Court on Monday, Justice Todd Ducharme said that, at the time of the search, Nowazek was under a recognizance, and he only consented to the search because of the details of this recognizance.
Justice Ducharme said the way in which the evidence was gathered was a violation of Nowazek’s rights against search and seizure under Section 8 of the Canadian Charter of Rights and Freedoms.
Justice Ducharme called the evidence serious, but said so too was the breach of Nowazek’s rights.
After Nowazek’s re-arrest Monday, he was re-released. He will re-appear in court this week.
Comments (9)
Up 0 Down 0
Rod on Aug 8, 2016 at 2:24 pm
Makes you wonder how this person got into Canada in the first place. And why authorities aren't applying to have him deported. Search the name on mugshots.com and you'll get more info than you'd ever want to know, including booking mugshots from Maricopa County, Arizona.
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moe on Aug 4, 2016 at 5:53 pm
A photograph of the pedophile, and where he lives, would be helpful. Kids have the right to know, as do their parents and all people in our community.
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Frank on Aug 3, 2016 at 6:09 pm
Boy oh boy ! Ya just let him out ! I can't believe it! Children are so special and innocent that it make me sick to see a guy like this walk free so he can assess his next victim even though he says and promises to go back to court! People know where your children are and take the law in your own hands to protect them! That way you get an assault charge and your children do not get sexually abuse ! Boy oh boy ! Unbelieveable!
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Trevor gordon on Aug 3, 2016 at 12:02 pm
Our justice system is beyond wrecked. What little faith I had is all gone. Somebody take this piece of human garbage and sling him up to a tree, preferably somewhere that will be noticed for the next scumbag who hurts children to see.
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Ban the trolls on Aug 3, 2016 at 8:44 am
This person sounds like he might be a real bad guy?
Where are all the usual trolls calling for the person to be hung from the nearest tree. Hmmm something odd about this situation.
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Josey Wales on Aug 3, 2016 at 1:17 am
Hey Francis...yeah about the no rights thing. You are wrong, very unfortunate you are in fact wrong but ya are.
Since the late 60's-early 70's we have been on a engineered toboggan ride down many of Canada's slippery slopes. Seems in this over the top PC times we are subjected to, the more you screw up...the more rights you have.
Factor in state actors trying to enforce a myriad of laws,getting through the waters of the courts full of sharks. Yes the job is a tough one, this time they appear to have the right eyes watching what need be.
Of all criminal scumbag activity, those whom prey on children?
....need be culled from our herd.
Oh wait, but who stopped culling monsters from our prisons allowing potential release and most probable reoffending?
Goes back to Pearson, but Justine's daddy made it official.
Convicted monster scumbags were GIVEN that right to life by a Liberal.
Folks, Francis please never forget these absolute facts...not mere "OJW" opinions.
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jc on Aug 2, 2016 at 9:57 pm
Is the Justice's face red or what? it should be.
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June Jackson on Aug 2, 2016 at 8:19 pm
Nowasek has been released time after time after time with that criminal history.
For me, the 0 tolerance is at child assault and child porn. And he is still on the streets.. There has to be a point at which public safety takes precedence over someone's rights. Protecting our children should take precedence over any and everything. No one should be able to use the Charter of Rights and Freedom to get away with criminal actions involving children. It infuriates me that this man is walking around town.
Canada's justice or lack there of... encourages vigilante justice. I know several fathers who simply would not tolerate an attack on their daughters. Nowasek has been lucky so far in his choice of victims.
On the other hand, the perv is almost 70 years old, hopefully he won't live that much longer.
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Francis Pillman on Aug 2, 2016 at 3:31 pm
You don't have any rights after all the garbage this guy has done. Lock him up and throw away the key.