A federal government employee and army reservist, who smuggled firearms silencers into Canada, received letters of support from serving RCMP officers ahead of his sentencing.
Peter Pao, 47, described himself as a “hobbyist” who collects weapons during his sentencing hearing at Richmond Provincial Court on Wednesday.
Pao, who previously tried to smuggle in an Airsoft grenade launcher via the U.S., was given a conditional discharge by the judge after he pleaded his case.
He had earlier pleaded guilty to smuggling five firearms suppressors, which can muffle the sound of a firearm once installed, in four separate air cargo shipments from China between August and October 2019 by declaring them as fuel solvent filters, toy car filters and fuel filters.
Pao was arrested in January 2020, when the Canadian Border Services Agency (CBSA) and Richmond RCMP’s Combined Forces Special Enforcement Unit conducted two separate searches of his home and seized various firearms and related items, including permitted items, valued at around $36,000.
It would be another two years until he was finally charged in court on Aug. 8, 2022.
Hobby gone too far
In a joint submission, crown and defence asked for a sentence of a conditional discharge with no criminal record.
Prosecutor Cheryl Tobias told the court the Crown is satisfied Pao is involved with firearms as a hobby, rather than with criminal intent.
The parties also proposed Pao forfeit most of the seized items to be destroyed, with the rest being returned to his friend who has the appropriate firearm license.
“It’s a relatively significant financial penalty that flows from his conduct,” said Pao’s lawyer, Eric Gottardi.
Gottardi told the court Pao has a long history of gainful employment and he has been heavily involved in the local martial arts community.
Four letters of reference from RCMP officers and a prominent lawyer were provided to the court in support of Pao.
The letters spoke of Pao as a good citizen and a good husband, as well as someone dedicated to helping the community. They also touched on Pao’s lapse of judgment and his regrets about the situation.
Gottardi acknowledged Pao was “actively trying to skirt the rules” when he purchased the suppressors.
“He’s fully aware of the impact and importance of this conduct, and that’s why he entered his (guilty plea) here,” said Gottardi, who added that Pao has now given up his interest in firearms.
A criminal record, he explained, would prevent Pao from continuing to work in the federal government and serve as a reservist in order to take care of his young family.
Gottardi also touched on the timeline of the case, explaining that the threat of criminal charges had been hanging over Pao’s head for almost four years, leaving an “enormous impact” on Pao and his family.
Criminal record not necessary
Judge Derek Mah ultimately agreed with the crown and defence that Pao should get a conditional discharge.
Mah considered Pao to be a person of good character and his moral blameworthiness was less significant because he “just got carried away with his firearms hobby.”
Mitigating factors included Pao’s relatively early guilty plea, his remorse and regret, the absence of a criminal record and the fact that he gave up his hobby to “turn his life around.”
Mah was satisfied that Pao would not need a criminal record to deter him from reoffending.
Pao was placed on 24-month probation with no criminal record, and he is required to complete 50 hours of community work. He is forbidden from possessing firearms during his probation except during the course of his employment or training at the Canadian Armed Forces.
Pao will also be forfeiting prohibited items in his collection of firearms previously seized by CBSA and RCMP, which cost around $36,000.
Doing so would help protect the public, said Judge Mah, as it would take prohibited items out of circulation.
“I think you made a mistake, and your guilty plea taking responsibility for what has happened has served you well,” said Judge Mah.
