DRUG OFFENCES FAQ
Toronto Drug Lawyer
Bobby Vakili is a Toronto criminal drug lawyer that has successfully defended many individuals charged with drug related offences. His clients are grateful for finding his passionate advocacy that stems from his compassion to understand the needs of his clients. Mr. Vakili has defended numerous individuals charged under the Controlled Drug Substance Act (CDSA) including charges of: (1) simple possession; (2) production of a controlled substance; (3) trafficking in a controlled substance; and (4) importing of a controlled substance.
When you are facing a drug charge you need the experience and knowledge of a Toronto Drug lawyer that will vigorously fight and advocate on your behalf. Call us now to schedule a free case review.
The Controlled Drugs and Substances Act defines all drug related offences in Canada and categorizes all drugs in different groups by categorizing them under the Controlled Drugs and Substance Act (CDSA). Generally speaking Schedule I drug related offences attract the most severe penalties.
For a comprehensive list of what substances are considered illegal in Canada please refer to the following website: http://laws-lois.justice.gc.ca/eng/acts/C-38.8/
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:
- the accused had actual possession, constructive possession or joint possession;
- the accused knew the substance was illegal, and
- 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:
- 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:
- Growing, producing or otherwise manufacturing an illegal substance
- Control over the substance; and
- Knowledge the substance is illegal
In a case of importing and exporting an illegal substance the crown must prove the following:
- Knowledge the substance is illegal;
- Control over the substance; and
- 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.