Possession of a loaded prohibited or restricted firearm, Possession of a weapon obtained by the commission of an offence, Possession of a weapon contrary to a prohibition order, Possession of a firearm knowing its possession is unauthorized, Possession of a prohibited or restricted weapon or prohibited device knowing possession is unauthorized, Possession of explosive substance without lawful excuse, Contravention of firearm storage regulations
R. v. Walczak
Sentence and the Crown's position
What the law allows
Joseph Michael Mark Walczak was convicted on 14 counts arising from a stockpile of firearms, prohibited devices, ammunition and explosives found in his Port Alberni residence while he was under a lifetime weapons prohibition. The Crown sought no less than seven years; the defence sought about four years and four months. Justice Baird imposed a global sentence of seven years, less 987 days' credit for pre-sentence custody, placing it at the lower end of the Crown's range given his limited, dated record and his prospects for rehabilitation.
In the judge's words
1In Mr. Walczak's particular circumstances, however, I see no need for a period of lengthier incarceration than at the lower end of the range suggested by Crown counsel, but I cannot bring myself to go any lower. The law, I think, is clear that for offending of the magnitude committed by you, Mr. Walczak, this is an appropriate sentence, a fit sentence.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1), 7 counts)
- Possession of a weapon obtained by the commission of an offence (CC 96(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1), 2 counts)
- Possession of a firearm knowing its possession is unauthorized (CC 92(1))
- Possession of a prohibited or restricted weapon or prohibited device knowing possession is unauthorized (CC 92(2))
- Possession of explosive substance without lawful excuse (CC 82(1))
- Contravention of firearm storage regulations (CC 86(2))
- Prior convictions
- 2 prior convictions, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years and 4 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D. Schecter
Defence: T. Spettigue
Sources
- R. v. Walczak, 2026 BCSC 167 Court decision, CanLII, January 13, 2026
[49] Crown counsel submitted that a fit global sentence on all of the counts before the court would be no less than seven years, less the time served, but he suggested that eight or nine years would also be within an acceptable range.
Defence counsel sought a global sentence of two years plus one day in addition to the time served up to October 20, 2025, which would, if my calculations are correct, have amounted to a cumulative total sentence of approximately 52 months, or four years and four months.
[1] Joseph Michael Mark Walczak stands charged on a multi‑count indictment that, on March 26, 2024, he unlawfully possessed various firearms, restricted firearms, prohibited firearms, prohibited devices, ammunition and explosive substances.
[50] Mr. Walczak is 49 years old, born in Toronto. His record is dated, and consists of two convictions entered on December 13, 1999, for robbery and dangerous driving, the first attracting a 15‑month jail sentence, the second a three‑month jail sentence to be served consecutively.
[76] … In Mr. Walczak's particular circumstances, however, I see no need for a period of lengthier incarceration than at the lower end of the range suggested by Crown counsel, but I cannot bring myself to go any lower. The law, I think, is clear that for offending of the magnitude committed by you, Mr. Walczak, this is an appropriate sentence, a fit sentence.
That amounts to a cumulative total sentence of seven years, Mr. Walczak. You may be seated, thanks. From this sentence, I will deduct the equivalent 987 days that Mr. Walczak has spent in pretrial custody.
- R. v. Walczak, 2026 BCSC 167 Court decision, Courts of British Columbia