DRUG OFFENCES FAQ

The Controlled Drugs and Substances Act (CDSA) defines all drug related offences which includes, (1) Possession; (2) Possession for the Purpose of Trafficking; (3) Producing; (4) Trafficking and (5) Importing drugs that fall under the CDSA. Each of these crimes requires the Crown Attorney to prove different elements in order to secure a guilty verdict.

In a case of simple possession of a drug, the crown must prove the following three elements:

1. the accused had actual possession, constructive possession or joint possession;
2. the accused knew the substance was illegal, and
3. the accused had some measure of control over the illegal substance.

In a case of possession for the purpose of trafficking, the crown must prove in addition to the elements enumerated above the following additional elements:

1. The accused possessed the illegal substance for the purpose of trafficking (Trafficking has a broad definition that includes, delivery, sale, trade, distribution, transport, etc.)

In a case of Production of an illegal substance, the crown must prove the following:

1. Growing, producing or otherwise manufacturing an illegal substance
2. Control over the substance; and
3. Knowledge the substance is illegal

In a case of importing and exporting an illegal substance the crown must prove the following:

1. Knowledge the substance is illegal;
2. Control over the substance; and
3. transporting the illegal substance into or out of Canada

A conviction for an offence under the CDSA can have devastating consequences for an individual. A drug conviction can often have more severe consequences on a person’s future than other minor criminal code offences. For example, a drug conviction will usually create a barrier that will prevent an individual from entering the U.S.A.

More recently in the Spring of 2012 the government introduced new legislation under the Safe Streets & Communities Act to impose mandatory minimum sentences for serious drug offences such as: (1) production; (2) trafficking; (3) possession for the purpose of trafficking; (4) importing and exporting; and (5) possession for the purpose of exporting.

Please click on the following link to see a table of mandatory minimum sentences that now apply to serious drug related offences: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2011/doc_32636.html

Hiring a Toronto Drug Lawyer that is well versed with court procedures, the rules of evidence and the Charter of Rights is your best defence in securing the best possible result in your case.

Toronto Drug Lawyer, Bobby Vakili will review your case in detail to make sure no defence is overlooked. Mr. Vakili has been successful in defending his clients by raising defences such as lack of knowledge; lack of control; and exclusion of evidence based on Charter violations.

A Toronto Drug Lawyer that is abreast of all the latest developments in the law when it comes to the Charter of Rights and Freedoms can often be the difference between winning and losing.

In drug related charges, the police often use search warrants and wiretaps to obtain the necessary evidence they need to charge someone. An experienced and skillful Toronto Drug Lawyer can have the illegal evidence excluded and the charges ultimately dismissed if the Charter violation is sufficiently serious.

If you or someone you know is facing a drug charge, then call Bobby Vakili immediately to discuss your case in confidence.