Whitehorse Daily Star

Man sought quick start to his relocation plans

Whitehorse resident Brian Nowazek

By Amy Kenny on August 9, 2016

Whitehorse resident Brian Nowazek appeared in territorial court Monday afternoon to ask for a bail variation that would allow him to move out of the territory.

It didn’t happen as quickly as he might have liked.

In court, Nowazek mentioned he had a U-Haul lined up for a 3 p.m. move.

But Judge Michael Cozens said he was in no position to make that decision during Nowazek’s 2 p.m. appearance.

Cozens said his understanding was that he was being asked to amend a recognizance to open the door for Nowazek’s possible relocation at a later date.

Crown prosecutor David McWhinnie was under the same impression.

Nowazek, 69, was released from jail last week.

That happened after Justice Todd Ducharme found the RCMP had violated Nowazek’s rights under Section 8 of the Canadian Charter of Rights and Freedoms.

The judge said they did so by searching his home and computer in 2014 – a search that turned up evidence of child pornography and possession of restricted firearms.

Nowazek was let go and re-arrested that same day after a warrant was issued based on fears he would commit another sexual offence.

(Nowazek’s history of child sexual offences dates back to 1992. It includes a lifetime offender designation in the U.S.).

Nowazek was re-released, but conditions keep him in the Yukon unless a move is approved by his bail supervisor.

The amendment would have allowed Nowazek to leave with the permission of his supervisor (something defence attorney David Tarnow said he didn’t see working), or the permission of the court.

Phoning in to court on Monday, Tarnow said his client wanted to leave the Yukon and “start afresh in the Lower Mainland of British Columbia.”

He said Nowazek was required to report to his Whitehorse bail supervisor daily, a schedule Tarnow called excessive.

Additionally, since Nowazek’s release, he has been living in day-to-day accommodations.

“It’s costing me a heck of a lot of money,” Nowazek told Cozens, noting he’s retired and relies on a pension.

Cozens agreed to the amendment.

However, he said Nowazek would have to figure out the details of his three-day drive to B.C.

Those details include the planned route, his timeline, the address of the place he would be staying upon his arrival, and an appointment with a bail supervisor in Richmond.

Court stood down while Tarnow and McWhinnie discussed details.

After the 90-minute break, Nowazek was scheduled to meet with his bail supervisor this morning.

If they couldn’t agree on the details, Cozens told Nowazek, he would have to “come back to court and convince me.”

Comments (4)

Up 7 Down 3

Dougie on Aug 11, 2016 at 5:02 pm

These guys should be marked with a yellow triangle tattooed on their forehead so an unsuspecting public can be forewarned and take preventative measures.

Up 7 Down 2

Hey June on Aug 11, 2016 at 1:19 pm

http://mugshots.com/US-Counties/Arizona/Maricopa-County-AZ/Brian-Nowazek.4643732.html

Up 48 Down 4

June Jackson on Aug 9, 2016 at 4:08 pm

Lucky ol' BC, going to get another pedophile...

We need to get pictures of these perv's posted publicly. As a Mother, I want to know what the predators in my neighborhood, my community look like.

Up 21 Down 12

sounds great on Aug 9, 2016 at 3:29 pm

Lower mainland is the perfect place

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