Judge describes B.C. man convicted of illicit drug trafficking as 'purveyor of death'

A file photo shows a statue inside the B.C. Supreme Court in Vancouver, B.C.

A B.C. judge called a man convicted of drug trafficking a "purveyor of death" while handing down a 12-year sentence for a slew of charges.

Dana Nazarek was sentenced in Fort St. John in April for offences dating back to 2018, according to a decision posted online Wednesday.

Nazarek was convicted of six counts of drug trafficking, four charges related to what the judge described as his "small arsenal" of guns, and three charges stemming from breaching his bail conditions by cutting off his ankle monitor on the last day of his trial and remaining on the run for more than a year before being arrested with fake identity documents and weapons.

"The (drug) and firearms offences are all very serious, in that they involve what are clearly scourges on Canadian society—being trafficking in substances which not only might, but frankly will kill, and the possession of dangerous weapons— ostensibly to assist in this criminal enterprise," Justice Andrew Mayer said in his decision.

"It seems that at one point you were a productive member of society, gainfully employed and running your own businesses. When you entered the toxic drug trade you ceased being a productive member of society and instead became a purveyor of death."

THE DRUG CHARGES

In February of 2018, Mounties searched Nazarek's bedroom and found what they suspected were illicit drugs "on the desk, on a stool, on the bed and inside bags in the closet," the sentencing decision says.

The substances were confirmed to be cocaine, methamphetamine, fentanyl and carfentanil. The amount of drugs, the presence of packaging supplies and $34,000 in cash found at the scene were among the evidence cited by Mayer that Nazarek was running a "relatively small-scale wholesale drug trafficking operation," in which he supplied drugs to other dealers who then sold them to individual users.

The presence of fentanyl and carfentanil was considered an aggravating factor by the judge, who noted the ongoing crisis of deaths due to a poisoned drug supply in B.C. In 2022, Mayer pointed out, the Northern Health Authority had the highest death rate in the province. The judge also noted that people who use drugs in smaller communities like Fort St. John have less access to medical care and interventions like overdose prevention sites.

Other aggravating factors were that Nazarek was motivated by profit, and that the trafficking operation "involved threats and acts of violence," Mayer said.

THE WEAPONS CHARGES

In total, the court heard that four loaded guns were found during the search of Nazarek's home – two handguns, one rifle and one shotgun.

"I find it to be an aggravating factor that Mr. Nazarek was in possession of a number of firearms—which can be described as a small arsenal. All four firearms were accessible and loaded," Mayer's decision said.

"In my view, it is logical to conclude that the firearms were possessed in support of Mr. Nazarek’s drug trafficking operation. It does not matter whether they were possessed for enforcement or security."

Two of the guns seized were prohibited firearms and the other two required a licence to possess, which Nazarek did not have, the judge noted.

THE BAIL OFFENCES

Nazarek pleaded guilty to three offences related to his "absconding" while on trial and on bail, according to the court documents.

In June of 2021, on the day the jury was set to receive instructions and be sent to deliberate, Nazarek did not show up to court. One of the conditions of his bail was that he reside at a Lower Mainland recovery facility, which he was only allowed to leave in limited circumstances, including to attend court. Another was that he be subjected to electronic monitoring.

On the morning of his court appearance, the court heard, Nazarek informed the monitoring centre that he was leaving to attend the trial.

When he failed to appear, police began searching for him and found the ankle monitor had been "severed" and left on the side of the highway "in a location consistent with it having been thrown from a moving vehicle," Mayer explained.

Nazarek would not be located until August of 2022, when he was arrested by police in Vancouver in a Walmart parking lot. There, the court decision says, he gave officers a fake name and produced a fake ID. A search produced more "forged identity documents," brass knuckles, a dagger and another knife, according to Mayer.

The defence argued that Nazarek's guilty pleas to these three offences should be considered a mitigating factor.

The judge disagreed.

"The fact that Mr. Nazarek absconded during the trial of this matter and remained at large for an extended period of time, after he was likely aware that he had been convicted, obtained forged identity documents and possessed weapons, is not consistent with remorse," Mayer said.

The sentence for these crimes was one year in custody for each offence, to be served concurrently but consecutive to a 12-year sentence for the drug and firearms charges. However, the 13-year sentence was reduced to by one year to "reflect the totality principle," which requires the court to hand down a single "global" sentence when someone is convicted of multiple offences. Nazarek also received 683 days worth of credit for time served.