Possession of a Schedule I or II substance for the purpose of trafficking, Production of a Schedule I or II substance, Possession of anything for use in producing or trafficking a controlled substance

R v Alves

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years' imprisonment on counts 1 and 2 and 2 years on count 3, concurrent1

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years in custody
For possession of a Schedule I or II substance for the purpose of trafficking (CDSA 5(2)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Christopher James Alves pleaded guilty to producing MDMA, possessing it for the purpose of trafficking, and possessing substances for use in producing a controlled substance, after police found 49 kilograms of MDMA at a property in Maple Ridge. The Crown and defence jointly proposed three years' imprisonment. Justice Schultes accepted the joint submission and imposed three years on the first two counts and two years on the third, concurrent, citing his lack of a record, remorse and strong rehabilitative prospects.

In the judge's words

In my estimation the sentence proposed here gives sufficient weight to general deterrence and denunciation, which are important in offences of this kind, with their harmful societal impact, while also properly recognizing the very strong rehabilitative prospects, which have already been partly achieved in the lengthy period since the offences occurred.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: D. Cui
Defence: R. Dick

Sources

  1. R v Alves, 2026 BCSC 1792 Court decision, CanLII, September 18, 2026[3] The Crown and defence have made a joint submission for a sentence of three years' imprisonment on the first two counts and two years on the third, to be served concurrently.[3] The Crown and defence have made a joint submission for a sentence of three years' imprisonment on the first two counts and two years on the third, to be served concurrently.Christopher James Alves[7] Mr. Alves is 42 years old and has no previous criminal record.[20] In my estimation the sentence proposed here gives sufficient weight to general deterrence and denunciation, which are important in offences of this kind, with their harmful societal impact, while also properly recognizing the very strong rehabilitative prospects, which have already been partly achieved in the lengthy period since the offences occurred.[23] With respect to the substantive portion, I sentence Mr. Alves to three years' imprisonment on counts 1 and 2, and two years' imprisonment on Count 3. All sentences are to be served concurrently with each other.
  2. Controlled Drugs and Substances Act, s. 7 Record, Justice Laws Website
  3. R v Alves, 2026 BCSC 1792 Court decision, Courts of British Columbia

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