Convicted B.C. pimp’s appeal found to be ‘moot’, is dismissed

An appeal filed by Reza Moazami over his transfer to another prison has been dismissed as being “moot.”

Moazami, who is serving a lengthy sentence for pimping and trafficking girls and young women, launched a legal challenge after he was moved to a maximum security prison in 2022.

At the time, was transferred from the Mission Institution, a medium-security facility, to the Kent Institution, a maximum-security facility, after having an aggressive interaction with a female nurse. Court documents say the man “confronted a nurse by shouting, gesturing, and pointing at her.”

“He then aggressively walked towards her. She told him to ‘back off,’ but he continued towards her until stopped by a correctional officer. The incident is captured visually on CCTV. According to Mr. Moazami, the incident occurred because the nurse failed to provide him with medication,” the document reads.

In interviews following the interaction, Moazami, who was the first person in B.C. to be convicted of human trafficking, was reportedly “very agitated and loud … and spoke about the nurse in a derogatory manner.”

“Mr. Moazami was interviewed again by other CSC staff. He denied wrongdoing and said, ‘what are you going to do about it’ in a confrontational manner,” the court explains.

An emergency involuntary transfer was recommended, and Moazami was transferred “without delay.”

A chamber judge who reviewed the decision found “there was a rational basis” for the move.

Moazami appealed the transfer on four grounds, “including that the chambers judge erred by: i) concluding that the Warden made the decision to transfer him; ii) concluding that procedural fairness does not require the inmate disclosure, notice of the transfer or the opportunity to make submissions prior to the transfer; iii) concluding that there is no right to counsel before an emergency transfer; and iv) failing to decide whether the decision was reasonable.”

While the appeal was filed while Moazami was in the Kent Institution, it was heard after he was transferred back to the Mission Institute.

Still, Moazami submitted that the “court should exercise its discretion to hear the appeal notwithstanding its mootness because this case raises significant issues of public importance which impact the rights of inmates, including concerns about procedural fairness in the inmate emergency transfer context.”

“He submits that there is need for appellate guidance on the principles governing procedural fairness in the context of emergency inmate transfers. Mr. Moazami argues that a decision from this Court is important as emergency transfers will become more frequent in the future due to the discontinued use of administrative segregation. He further asserts that the appeal raises issues of a recurring nature that will continue to evade review due to the short timeframes involved in inmate transfers,” court documents read.

Despite this, B.C. Court of Appeal Justice Bennett dismissed the appeal as “moot.”

Moazami was found guilty in 2014 of 30 prostitution-related offences. He unsuccessfully tried to appeal the convictions.

-With files from The Canadian Press