No jail time for B.C. man found in possession of ‘ghost gun,’ several other weapons

The CBSA shared this photo of the handgun its officers seized from Eric James Canel's property in Lumby, B.C. (CBSA)

A B.C. Interior resident has been sentenced to slightly less than two years of house arrest after investigators from the Canada Border Services Agency found him in possession of several firearms, including a handgun with no serial number.

Eric James Canel was already subject to a firearms prohibition stemming from a 2016 conviction when officers searched his home in Lumby, B.C., in 2022, the CBSA said in a news release Thursday.

Canel pleaded guilty to possession of a firearm knowing its possession is unauthorized, possession of a prohibited or restricted firearm with ammunition and possession contrary to an order in June 2024.

He was sentenced for the offences last week.

In addition to two years less a day of house arrest, Canel was ordered to perform 240 hours of community service and serve three years of probation. He was also ordered to forfeit all of the firearms and ammunition seized in the search and given a 10-year prohibition on possessing non-restricted firearms and a lifetime ban from possessing weapons in the “restricted” and “prohibited” categories.

“I want to thank the Canada Border Services Agency for their work in bringing those who knowingly violate Canada’s firearm laws to justice,” said federal Minister of Public Safety and Emergency Preparedness David McGuinty, in the release.

“By removing firearms from our streets, we are keeping our communities safe.”

Crown asked for jail time

While the CBSA release does not discuss the judge’s reasons for allowing Canel to serve his sentence in the community rather than behind bars, the sentencing decision in the case is available online.

In it, Vernon provincial court Judge George Leven noted that Canel “is and has always been a productive member of society,” and has “significant support in the community.”

Ten reference letters submitted by Canel’s family, friends and coworkers described him as a “talented and creative hobbyist” who excels in metalworking, woodworking and making leather crafts. He has been steadily employed as a welder since completing his certification in the trade.

Canel also has “a fascination with firearms, including assembling and disassembling them,” the decision reads.

In a letter he submitted to the court on his own behalf, Canel expressed remorse for his behaviour.

“Although there is no excuse for my actions, I would like to say that all the firearms in my home were strictly for sporting purposes,” a portion of the letter reproduced in the decision reads.

“I had no malicious intentions and I never intended to put anyone in harm’s way. To all those affected, I am deeply sorry. It was a hobby and passion of mine, one which I clearly cannot pursue any longer”

All of this – as well as a psychological assessment that rated Canel as a “low risk” to reoffend – led Leven to conclude that the offender “is not engaged in a criminal lifestyle and is a productive and contributing member of society.”

Despite this, Crown prosecutors asked the judge to impose a custodial sentence of three to five years, citing several aggravating factors in the case, including Canel’s prior firearms conviction and prohibition, as well as the “significant quantity” of ammunition – more than 2,730 rounds – seized alongside the five rifles, three shotguns and “ghost” handgun authorities took from his property.

While Leven acknowledged the seriousness of the offences in his decision, he concluded that this was not a case in which the court needed to prioritize deterrence by imposing a harsh sentence.

The judge expressed confidence that Canel “appreciates the gravity of these offences and the jeopardy he faces” and concluded that the offender “is not the type of person who needs to be made an example of to deter others.”

“Under the unique circumstances of this case, I find it unnecessary to impose a sentence of incarceration in a correctional centre,” Leven’s decision reads.

“Denunciation and general and specific deterrence can be accomplished with a lengthy conditional sentence order with restrictive conditions followed by a lengthy period of probation. Serving his sentences in the community will also allow Mr. Canel to continue working and being a productive member of the community.”