Photo: Facebook

Leslie McCulloch, left

A West Kelowna drug trafficker who jumped bail in 2019 before receiving a 10-year jail sentence will remain behind bars, in spite of his concerns over the COVID-19 pandemic that has killed one inmate in B.C.

Leslie McCulloch, now 41 years old, was arrested in March 2016 after police raided his West Kelowna home and auto body shop – the culmination of several months of investigation. Investigators found close to 1,000 fake prescription pills, a well-used pill press, and close to 450 grams of acetylfentanyl powder and pills of roughly 1.2 – 3.1 per cent purity. Acetylfentanyl is an analogue of fentanyl.

McCulloch was on parole when he was arrested in 2016 for a cocaine trafficking conviction from 2013. A prior Parole Board decision labelled McCulloch as a “middleman who transported drugs for the Hells Angels” in 2013.

After pleading guilty to production of a controlled substance and possession for the purpose of trafficking in February of 2017, attempting and failing to take back the plea a year later, and then skipping out on bail for three months prior to sentencing, McCulloch was finally handed a 10-year sentence in July 2019, with close to two years credit for presentence custody. He is now incarcerated at Abbotsford's Matsqui Institution.

Less than a year since his sentencing, McCulloch applied for early parole, citing the risk he faces in prison as an asthmatic due to COVID-19. Under normal circumstances, McCulloch is eligible to apply for day parole in October, and full parole in April 2022.

Last month, a COVID-19 outbreak was declared at B.C.'s Mission Institution, where 120 inmates ended up testing positive for the virus. While 119 of the inmates have since recovered, one inmate died.

During McCulloch's parole application hearing, held on May 13, his lawyer argued that McCulloch's asthma creates a “specific and grave risk” to his life, in light of the pandemic, and points to a statement by the Minister of Public Safety asking the Correctional Service of Canada Commissioner and Board Chairperson to “determine whether there are measures to facilitate early release for certain offenders.”

A doctor who reviewed McCulloch stated he is also obese, and is therefore at a “high risk” should he be infected with COVID-19.

The parole board, who ultimately rejected McCulloch's application, noted that his prison's health care department said McCulloch's asthma is “quite mild in severity,” and added that at the time of the hearing, there was no known cases of COVID-19 at the Matsqui Institution. COVID-19 protective measures at the Matsqui Institution include controlling the movement of inmates, providing masks to inmates and staff, restricting access to the prison to only essential people and stopping all inmate visits.

Eight days after the hearing was held, an inmate who was incarcerated at the Matsqui Institution was diagnosed with COVID-19. While the federal government still lists that case as "active," Provincial Health Officer Dr. Bonnie Henry said Tuesday that the inmate was transferred to Agassiz's Mountain Institution before they tested positive. She also added that a single staff member has tested positive for the virus in connection with the Matsqui/Mountain institution case, but it's unclear what facility that staff member worked at.

“COVID-19 is fluid, so things can change rapidly,” the Parole Board wrote in its May 13 decision. “If that happens, [Correctional Service of Canada] has the authority to authorize medical Unescorted Temporary Absence for up to 60 days and such UTAs can be authorized on an expedited basis. Further, you can re-apply for parole ... should your circumstances change.”

It's unclear at this time if McCulloch has reapplied due to the positive test at his correctional facility.