Convicted B.C. pimp, trafficker Reza Moazami loses latest court challenge

Reza Moazami is shown the prisoner's box in a Vancouver court in this court sketch from Sept. 25, 2013. (THE CANADIAN PRESS / Felicity Don)

A Vancouver pimp who is serving a lengthy sentence for dozens of crimes of a "violent and sexual nature" will remain in maximum security prison, a B.C. judge has ruled.

In 2014, Reza Moazami became the first person in British Columbia to be convicted of human trafficking. In total, he was found guilty of 30 offences, including sexual exploitation, sexual assault, sexual interference, and pimping-related charges. His 11 victims ranged in age from 14 to 19 years old.

In a decision handed down last week, Justice Ward Branch noted that Moazami was transferred from the medium-security Mission Institution to the maximum-security Kent Institution in April of last year.

Officials ordered that transfer on an "involuntary emergency basis" following an incident where he acted "aggressively" towards a nurse, the court heard.

Moazami challenged that transfer as unlawful, alleging it violated his right to procedural fairness and was unreasonable in the circumstances.

The judge disagreed, in part citing Moazami's ongoing issues in the facility.

"The incident cannot be viewed in isolation. Mr. Moazami had already demonstrated a pattern of concerning behaviour," Branch said.

THE INCIDENT

Branch described the "security incident" involving a nurse at the correctional facility that resulted in Moazami's transfer.

"Mr. Moazami confronted her from a distance across an open outdoor walkway. He shouted in the direction of the nurse, while gesturing and pointing at her, and then started aggressively walking towards her," the decision says.

"The nurse walked away from Mr. Moazami. The nurse says she told him to back off as she attempted to get to a safer environment. However, he followed her until intercepted by another correctional officer."

For his part, Moazami said he followed the nurse outside because she did not give him his medication and that he "complied with her direction" when she told him to stop following her, the decision says.

In two interviews with staff after the incident, the court heard, Moazami denied any wrongdoing. However, his behaviour was described as "very agitated and loud," and staff told the court that he made "gestures in a physically challenging manner" and called the nurse a "piece of shit."

PRIOR 'PROBLEMATIC' BEHAVIOUR

Soon after, staff met for a case conference and decided to transfer Moazami immediately. Their reasons for the decision were outlined in a memo that the judge quoted from in his decision, describing the incident as well as Moazami's past behaviour.

"You have a history of institutional incidents including disrespectful conduct, refusing staff direction, making suggestive gestures toward health-care staff and multiple disciplinary problems," the memo said, noting that Moazami had been placed on a "behavioural management plan" as a result.

The incident with the nurse, the memo said, was an example of Moazami's failure or refusal to comply with this plan, presenting a "significant concern for the safety and security of the institution as a whole."

After a meeting with the warden's board roughly three weeks after the incident with the nurse, Moazami's transfer was formally approved and his security level was reclassified from medium to maximum.

"You demonstrated no insight into your behavior and did not provide any examples of how you would better manage your behavior if returned to a medium security facility," the warden's written reasons said, describing how Moazami had conducted himself during the meeting.

"The concerns with your behaviour are that you refused a direct order, were disrespectful towards staff, and displayed aggressive behavior towards a staff member. This speaks to a larger pattern of problematic and disrespectful institutional behavior."

THE DECISION

The judge ultimately rejected Moazami's argument that the warden did not have the authority to make this decision and that the transfer and the way it was executed violated his rights.

"I conclude that the decision confirming his transfer and security level was procedurally fair and reasonable," Branch concluded, dismissing Moazami's legal challenge.