Former BC Teacher, 86, Denied Bail Pending Appeal in Historic Child Sex Crimes Case
An 86-year-old former British Columbia elementary school teacher convicted of historic sexual crimes against young boys will remain incarcerated while awaiting the outcome of his appeal proceedings, a panel of BC Court of Appeal judges has ruled. Brian Melicke Moore, who was sentenced to eight years in federal prison last year, will continue serving his sentence at Pacific Institution in Abbotsford as his legal team pursues an appeal of both his conviction and sentence.
Court Upholds Denial of Bail Application
In a decision posted last week, Chief Justice Leonard Marchand and two other judges dismissed Moore's application for a panel of BC Appeal Court justices to review a previous decision denying his bail application. The appellate panel found that an unnamed appeal court judge made no material errors when she originally dismissed Moore's bail request, concluding that "the public interest in enforceability outweighed the public interest in reviewability."
The chamber judge had emphasized "the violent nature and profound wrongfulness of sexual offences against children" and determined that Moore demonstrated "'very high' moral blameworthiness." She noted that "historical sexual offences are no less grave and demand ... no less accountability than those committed today," while also highlighting the significant negative impact on Moore's victims.
Details of the Conviction and Crimes
Moore was convicted in November of sexually interfering with multiple boys between 1976 and 1982, when most victims were students he selected and "groomed" while working as a well-liked elementary school teacher at Upper Lynn Elementary in North Vancouver. According to trial evidence, some boys spent weekends away with Moore where they encountered "his insistence on nudity" and requirements that they change clothing in front of him and sleep naked.
Trial judge Robert Hamilton noted in his decision that "invariably, Mr. Moore was also naked in the bed with the child he chose to sleep next to," and that Moore would touch the boys' genitalia while forcing them to touch his. One victim was the eight-year-old son of close friends who viewed Moore as a grandfather figure.
Appeal Arguments and Court Response
Moore's lawyers appealed his conviction on eight counts of indecent assault and one count of touching a child for a sexual purpose immediately following his 31-day provincial court trial. Two days later, they applied for bail pending the appeal court's decision. The defense argued that trial judge Hamilton erred by "failing to consider whether certain of the complainants' evidence was tainted by inadvertent or unconscious collusion" and "by giving insufficient weight to the reviewability interest" given what they characterized as a strong appeal application.
However, the appeal court panel found these arguments insufficient to warrant bail release. Chief Justice Marchand noted that even if Moore succeeded with his unconscious collusion ground of appeal, "three convictions and a significant prison term would remain." The chamber judge had determined that unless Moore's convictions were overturned entirely, his chance at a reduced sentence was "'unlikely, if not very unlikely.'"
Continuing Incarceration and Legal Process
Moore will now continue serving his eight-year federal sentence at Pacific Institution while his appeal proceeds through the court system. The case represents another instance of elderly British Columbia men facing prison time for historic child sex crimes, highlighting the judicial system's approach to such offenses regardless of when they occurred or the age of the perpetrator at sentencing.
The court's decision underscores the seriousness with which Canadian courts treat sexual offenses against children, particularly those involving positions of trust such as teachers, and emphasizes that the passage of time does not diminish the gravity of such crimes or their impact on victims.
