Possession of a Schedule I or II substance for the purpose of trafficking
R. v. Alexander
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Peter Anthony Alexander was convicted after trial of four counts of possessing drugs for the purpose of trafficking, including about 284 grams of fentanyl, at a house in Nanaimo in 2022 while he was on probation. The Crown sought 48 months consecutive to the sentence he was already serving for earlier trafficking offences; the defence sought a concurrent sentence that would have added six months. Justice Layton found five years would otherwise be fit but, applying the totality principle and noting his rehabilitation efforts in custody, imposed 30 months consecutive.
In the judge's words
1In coming to this conclusion, I do not accept the defence submission that it was essentially impossible for Mr. Alexander to stop mid-level trafficking in fentanyl after the Port Alberni offences occurred, nor do I accept that his drug addiction at that time reduces the need for general deterrence and denunciation to the extent argued for by the defence. Individuals who are charged in relation to mid-level fentanyl trafficking must know that resuming that activity shortly afterwards will result in significant additional jail time.
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 convictions1
- At the time of the offence
- On probation1
- Appeal
- Not yet checked
- Counsel
- Crown: C.J. Gibson
Defence: T.L. Spettigue
Sources
- R. v. Alexander, 2025 BCSC 2596 Court decision, CanLII, December 11, 2025
[16] The Crown submits that the appropriate sentence for Mr. Alexander would be six years' incarceration, but for the application of the totality principle in light of the unexpired portion of the sentence imposed by Justice Bantourakis. The Crown says the totality principle justifies reducing the sentence for the Nanaimo offences to 48 months' incarceration, to be served concurrently with each other but consecutively to the sentences on the Port Alberni offences.
[1] THE COURT: After a contested trial on September 25, 2025, I convicted Mr. Alexander of four counts of possessing a controlled substance for the purpose of trafficking in Nanaimo on August 2, 2022, contrary to s. 5(2) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19 [CDSA].
[38] Other aggravating features are the presence of the weapons that Mr. Alexander had in his possession in relation to his drug-trafficking operation and the fact that Mr. Alexander was on probation when he committed the offence.
[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.
In coming to this conclusion, I do not accept the defence submission that it was essentially impossible for Mr. Alexander to stop mid-level trafficking in fentanyl after the Port Alberni offences occurred, nor do I accept that his drug addiction at that time reduces the need for general deterrence and denunciation to the extent argued for by the defence. Individuals who are charged in relation to mid-level fentanyl trafficking must know that resuming that activity shortly afterwards will result in significant additional jail time.
[56] For the reasons I have given, I sentence you to 30 months' imprisonment calculated as follows, with a sentence on each count to be served concurrently with that on each of the other counts, but to be served consecutively to the sentence you are currently serving on the Port Alberni Supreme Court File 40777-2:
- Controlled Drugs and Substances Act, s. 5 Record, Justice Laws Website
- R. v. Alexander, 2025 BCSC 2596 Court decision, Courts of British Columbia