Sex offender cleared to leave territory

A sex offender recently released from the Whitehorse Correctional Centre has left the territory.

A sex offender recently released from the Whitehorse Correctional Centre has left the territory.

Brian Nowazek, 69, was allowed to leave the territory on Tuesday, his lawyer David Tarnow told the News.

Nowazek appeared in court on Monday, asking that he be allowed to relocate to Richmond, B.C.

He had been in custody for the past two years awaiting trial on child pornography, explosive and firearm charges.

But last week a judge dismissed the case, ruling the evidence inadmissible because the police violated the man’s rights in gathering it.

The RCMP brought a peace bond application before Nowazek could be released, a procedure used when there are reasons to believe a person is about to commit a crime.

Police feared he was going to sexually assault children under the age of 14.

He has prior convictions for sexual offences against children.

Nowazek was released on Aug. 2 but on strict conditions.

The peace bond hearing itself that will determine whether Nowazek should be put under supervision for up to 12 months hasn’t taken place yet.

In the meantime he was ordered to stay away from places where children are found.

He was also ordered to stay in the territory unless his bail supervisor allowed him to move elsewhere.

Crown prosecutor David McWhinnie told court Monday that Offender Services, which monitors people out on bail, recognizance or probation, had to have more details about Nowazek’s plans before they would agree to it.

They needed to know Nowazek’s itinerary and the hotel he was going to stay at while looking for long-term housing.

As it stands, Nowazek has to report to Richmond RCMP as soon as he arrives there, likely on Friday.

In 1992 he was sentenced to 10 years in jail in Arizona for attempted molestation of a child and soliciting sex with a minor.

In 2009 he was sentenced to 31 months on charges of possessing child pornography.

During that investigation, police recovered over 1,000 pictures depicting child pornography from Nowazek’s home. Crown prosecutors later called the collection “vast and disturbing.”

In July 2014, concerned neighbours called the RCMP because Nowazek had offered candies to children, and a bike to one of them.

The RCMP brought in a peace bond application. The sitting judge at the time ordered that Nowazek let the police access his computer while the matter was being dealt with.

After the initial hearing, police went to Nowazek’s home and found “indications” he had been accessing child pornography.

They obtained a search warrant, which led to the criminal charges being filed.

Last week Justice Todd Ducharme ruled the police and the judge violated Nowazek’s charter rights when they used the provision to search his computer, because he hadn’t been charged.

Contact Pierre Chauvin at

pierre.chauvin@yukon-news.com

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