Possession of a loaded prohibited or restricted firearm, Possession of a weapon contrary to a prohibition order, Unauthorized possession of a prohibited or restricted weapon, Breach of a probation order, Careless use or storage of a firearm
R. v. J.M.A.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of possessing a loaded handgun and a switchblade, careless handling of a firearm, possessing a firearm while prohibited and breaching probation, after a loaded handgun was found in his bag when he reported to his probation officer at the Kelowna courthouse. The Crown sought seven years in custody; the defence sought time served followed by probation. Justice Hardwick imposed a global sentence of six years and four months, less 1,294 days of credit, finding that a federal sentence was needed for deterrence and protection of the public while giving weight to his circumstances as a Métis offender.
In the judge's words
1In a further attempt to achieve that objective, together with the other codified objectives I have just referenced above, a lengthy period of incarceration is required on this occasion. Namely, I am satisfied that a federal sentence is necessary for the first time.
The record
- Convicted of
- Possession of a loaded prohibited or restricted firearm (CC 95(1))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Unauthorized possession of a prohibited or restricted weapon (CC 91(2))
- Breach of a probation order (CC 733.1)
- Careless use or storage of a firearm (CC 86(1))
- Prior convictions
- 42 prior convictions, 4 violent1
- At the time of the offence
- On probation1
- Defence asked for
- 40 months less a day in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: N.J. Lerfold
Defence: J.D.A. Watt
Sources
- R. v. J.M.A., 2026 BCSC 377 Court decision, CanLII, February 18, 2026
[85] Given all of the circumstances, the Crown submits that a fit sentence is a custodial sentence of seven years, calculated for Corrections' purposes as 2,555 days
[93] The defence's primary position is that … should receive what amounts to a time served custodial sentence, broken out as follows: … Count 1 - Section 95(1), possession of a loaded handgun, three years, three months and 14 days in jail; … [94] In addition to the time served, the defence submits that a three-year term of probation, the maximum term available, with robust conditions would be appropriate.
Most recently, … was in the community for less than two months, and on probation for convictions related to weapons possession, when he was arrested for the matter for which he is currently awaiting sentencing.
[34] In total, … has 42 adult criminal convictions.
[106] … In a further attempt to achieve that objective, together with the other codified objectives I have just referenced above, a lengthy period of incarceration is required on this occasion. Namely, I am satisfied that a federal sentence is necessary for the first time.
[108] After taking all of the relevant factors into consideration, and for the reasons articulated in these oral reasons for sentence, I sentence you as follows: … a) Count 1 - Section 95(1), possession of a loaded handgun, 1,920 days (five years, four months) jail; … d) Count 5 - Section 117.01, possession of a firearm while prohibited, 365 days (one year) in jail, consecutive to Count 1; … [109] However, as noted, you are entitled to credit for 1,294 days.
- Criminal Code, s. 95 Record, Justice Laws Website
- R. v. J.M.A., 2026 BCSC 377 Court decision, Courts of British Columbia