N.S. man serving life for murders gets until 2044 to pay $300K fine

A judge has given a Nova Scotia man with biker connections serving two concurrent life sentences for setting up the execution-style killings of a couple in their remote Hants County home until 2044 to pay a $300,000 proceeds-of-crime fine.

Curtis Blair Lynds pleaded guilty in May of 2014 to two counts of second-degree murder for organizing the September 2000 hits on Kirk Mersereau and his wife, Nancy Christensen, at their house in Centre Burlington. A judge sentenced him to life in May of 2014 and set his parole eligibility at 20 years.

“Consequently, the 20-year mark for parole eligibility would be sometime between December 11, 2030, and May 1, 2034, depending on his initial date of incarceration,” Truro provincial court Judge Alain Bégin said in a written decision released Tuesday.

Problem is Lynds, now 47, was also facing 41 counts of possession of proceeds of crime and two counts of laundering the proceeds of crime stemming from a sweeping drug raid in Central Colchester in September of 2007.

‘Consented to fine’

In August of 2013, Lynds “consented to a fine in lieu of forfeiture order … in the amount of $300,000 in an acknowledgement by Mr. Lynds that (16 of his assets) were ‘proceeds of crime,’” Bégin said.

Lynds was ordered to pay the fine by Aug. 29, 2018, or go to jail for three years.

“It is agreed by all the parties that no payment has been made by Mr. Lynds,” Bégin said.

The Crown filed notice in January that it was looking for more jail time for Lynds because he didn’t pay the fine.

“They are seeking three years custody consecutive to the sentence Mr. Lynds is currently serving,” Bégin said.

“Mr. Lynds is also seeking guidance from the court so that this matter is cleared up before his parole eligibility arrives.”

The judge said he doesn’t have the authority “to amend the period of parole ineligibility from 20 years to 23 years as was ordered by the Supreme Court of Nova Scotia.”

Bégin also pointed out that the Supreme Court of Canada has ruled “that courts cannot order sentences consecutive to a life sentence.”

‘Defeat the two purposes’

Lynds’ lawyer wanted his client to be allowed to serve the extra three years concurrent to his murder sentence, but the judge said that would “defeat the two purposes of the fine in lieu of forfeiture: restoration to society, or additional jail time as a consequence for failing to pay the fine amount.”

Lynds could be eligible for parole within seven years.

“It is not unimaginable that a person such as Mr. Lynds who is serving a life sentence will be granted parole,” Bégin said.

“If granted parole Mr. Lynds will be expected to become a contributing member of society which would likely include obtaining gainful employment and earning an income. This will provide Mr. Lynds with the opportunity to commence repaying the $300,000 he has acknowledged owing.”

Bégin decided “the only appropriate” way to deal with the matter was to give Lynds more time to pay the fine.

‘Lengthy extension’

“The outside date for Mr. Lynds to be eligible for parole is May 1, 2034, so an additional 10 years will be granted from that date for Mr. Lynds to pay his fine. A new Order will be prepared by the Crown granting Mr. Lynds until May 1, 2044, to pay the fine,” said the judge.

“This lengthy extension of time will serve to mitigate any possible hardships and negative effects on Mr. Lynds upon his release on parole, and he is not precluded from seeking further extensions should that be necessary.”

Bégin noted that “there will be a provision in the new order stating that ‘in default of payment of the fine imposed, Mr. Lynds shall serve a period of imprisonment of 3 years.’”

Biker gangs

Lynds was serving a federal prison sentence for drug trafficking when he was arrested in December 2010 and charged with the double homicide. The charges stemmed from biker gang activity in Nova Scotia going back more than a decade.

One of the victims, Mersereau, was a known drug dealer with close connections to the Hells Angels.

The shootings were carried out by two men on the evening of Sept. 9, 2000.

According to an agreed statement of facts, Lynds told one of the killers that if he murdered Mersereau, his $28,600 marijuana debt would be erased.