Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Alexander
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Peter Alexander was found guilty of four counts of possession for the purpose of trafficking after police found cocaine, fentanyl, methamphetamine and a fentanyl-flubromazepam mix in a U-Haul truck he was driving in Port Alberni in February 2022. The Crown sought eight years; the defence sought three to three and a half years. Justice Bantourakis imposed five years and six months, less 627 days of credit, finding the case within the four-to-seven-year mid-level range from R. v. Bird and crediting his rehabilitative efforts in custody.
In the judge's words
1Simply put, I am not satisfied that a sentence below the range recently identified in Bird would give sufficient effect to the principles of denunciation and general deterrence or specifically deter Mr. Alexander. Nor would such a sentence adequately reflect Mr. Alexander's moral blameworthiness considering the circumstances as a whole.
The record
- Convicted of
- Possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2), 4 counts)
- Prior convictions
- 38 prior convictions, 2 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C.J. Gibson
Defence: R. Neary
Sources
- R. v. Alexander, 2025 BCSC 1829 Court decision, CanLII, September 16, 2025
[21] The Crown submits that the appropriate sentence for Mr. Alexander is eight years incarceration.
However, the defence emphasizes that Mr. Alexander was engaging in these activities due to his own addiction and says that his substantial rehabilitative efforts militate in favour of a three to three and a half year sentence
[1] On March 15, 2025, Mr. Alexander was found guilty of four counts of possession of a controlled substance for the purpose of trafficking, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c.19 ["CDSA"].
[15] Mr. Alexander has an extensive criminal record, consisting of 38 convictions, starting at age 19, with an apparent gap in offending between about 2008 and 2015. His convictions include violent offences such as robbery and assault causing bodily harm, firearms offences, and five previous convictions for possession for the purpose of trafficking.
[42] Simply put, I am not satisfied that a sentence below the range recently identified in Bird would give sufficient effect to the principles of denunciation and general deterrence or specifically deter Mr. Alexander. Nor would such a sentence adequately reflect Mr. Alexander's moral blameworthiness considering the circumstances as a whole.
[44] Mr. Alexander, would you please stand? Taking all that I have discussed into account, I sentence you to five years and six months imprisonment calculated as follows, with the sentences on the various counts to run concurrently to each other: … [45] You will be credited 627 days for the 418 days you have spent in pre-trial custody, for an effective sentence of 45 months.
- R. v. Alexander, 2025 BCSC 1829 Court decision, Courts of British Columbia