Brandon Harder
Regina Leader-Post
The fate of a man found guilty of multiple offences related to a Regina gun trafficking operation now rests in the hands of a judge.
Following a trial that began in February, Aldrin John Manalaysay Pascua was found guilty of conspiracy to traffic firearms, trafficking firearms, possession of firearms for the purpose of trafficking, and possession of a firearm with readily accessible ammunition.
The court found that “between November 2018 and October 2021, Mr. Pascua participated in a scheme to acquire, possess, and transfer both restricted and non-restricted firearms through straw purchases,” according to written submissions made by the defence.
On Oct. 8, lawyers presented arguments in Regina provincial court regarding an appropriate sentence, and about whether the man’s right to be tried within a reasonable timeframe had been infringed upon.
Prosecutor Pamela Larmondin told Judge James Korpan the Crown is seeking an overall sentence of eight years for the man who sold a number of guns that ended up at crime scenes.
The prosecutor said 10 firearms were purchased and Pascua trafficked eight, all of which were semi-automatic rifles or handguns.
“If this was a criminal operation, Mr. Pascua was the chief executive officer. He was the guy at the top. He wasn’t a supplier. He wasn’t the guy who is cleaning the shop. He wasn’t the guy who was doing the running around. He is the guy who is calling the shots,” Larmondin said.
“And he was doing it all for profit.”
Defence lawyer Aleida Oberholzer submitted that an overall sentence of three to four years would be appropriate.
She noted there was no evidence that Pascua was carrying out the crimes at the behest of a criminal gang, and she said her client hadn’t threatened people or used “explicit violence” in the commission of the offences.
Oberholzer’s written argument states her client — a 35-year-old permanent resident — immigrated to Canada in 2009. Originally from the Philippines, Pascua’s childhood was “characterized by severe poverty,” according to the written argument.
“He did stress that he never wanted to live that way again,” said the defence lawyer when asked how her client’s struggles were linked to his offending.
Oberholzer told the judge her client faces deportation, which she said is a consequence that contributes to the sentencing objectives of denunciation and deterrence.
He has lived in Regina for 16 years, and he will be taken away from his kids and his loving family,” she said.
Larmondin argued that the fact Pascua may face deportation as a result of his crimes “should not give way to a special sentencing regime.”
She acknowledged the judge can consider deportation as a factor, “provided the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender.”“In this case, the gravity of the offence is significantly high, and the degree of responsibility on the offender could not be higher,” the prosecutor argued.
Before Korpan considers an appropriate sentence, he will first need to decide whether Pascua’s trial was held within a reasonable time, as required by the Canadian Charter of Rights and Freedoms.
Pascua first appeared on his charges in February of 2022, and his trial didn’t begin until February of 2025.
Prosecutor Cheyenne Esmond, who made related arguments on behalf of the Crown, asserted that when accounting for delay caused by the defence, Pascua’s trial went ahead within the allotted timeframe.
But if the judge were to find otherwise, Esmond effectively suggested that the excess delay would be justified due to the complexity of the case, having noted that the COVID-19 pandemic also played a role.
Oberholzer rejected the Crown’s notion about complexity of the case and argued the delay was unreasonable. Alleging a breach of Pascua’s right to be tried within a reasonable time, the defence seeks a stay of proceedings.
Korpan reserved his decisions on the issues of delay and appropriate sentence. He scheduled the next court date for December to allow himself time to consider the matters.
However, he has since appealed both that conviction and sentence.
