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The Court of Appeal denied an extension of time and leave to appeal from a refusal to vary probation conditions, finding no reasonable chance of success.
Dana Nazarek was sentenced to 12 years for drug trafficking, firearms, and bail-breach offences, with 683 days’ credit and ancillary orders.
Because the Crown consented to the hearing and a material change in circumstances was established by the disclosure-caused trial delay and the applicant's compliance and employment, limited variations to the house arrest were justified; however the secondary and tertiary grounds still supported retention of GPS monitoring for deterrence and security, so the court permitted narrowly defined unsupervised attendance for work and limited personal leave but retained all other original conditions including GPS monitoring.
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Judge balanced aggravating (domestic context, pregnancy of victim, prior violent record, repeated breaches of court orders) and mitigating factors (early guilty pleas, remorse, treatment effort), fixed individual sentences for nine offences, applied concurrency/consecutivity to respect totality, calculated total effective sentence 10.5 months, deducted 155 days pre-sentence custody (applying s.719(2) to exclude time unlawfully at-large), resulting in 5.5 months custody to be served, refused a Conditional Sentence because of risk to community and prior non‑compliance, imposed 12 months probati…
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