Drug Charges
Experienced Drug Charges Lawyer: Your Best Defence Starts Here
Being accused of a drug crime is a serious offense in Canada. Whether you're charged with possession, trafficking, or production, these charges have serious consequences, including time in jail, substantial fines, and a lifelong criminal record.
If you or someone you know is accused of such a crime, an experienced drug charges lawyer can defend your future and your liberty.
Drug cases are complicated and often include search warrants, wiretaps, and evidence procedures, domains in which legal nuances can win or lose your case.
A great defense begins with a lawyer familiar with how to question improper law enforcement activity and defend aggressively if necessary.
Drug Possession - CDSA
Summary of the Offence
What is a charge of drug possession?
Offences relating to drug possession are found in Part I of the Controlled Drugs and Substances Act (CDSA) under "Offences and Punishment."
Please note this section pertains to possession of drugs for personal use. For charges related to possession for the purpose of trafficking or drug trafficking, different principles apply.
Personal possession is outlined in s. 4(3)(a) of the CDSA.
There are several subsections under which this offence can be categorized, as the CDSA provides eight different Schedules (categories) of controlled drugs. For example:
- s. 4(3) CDSA: possession of controlled substances – Schedule I (opiates and related)
- s. 4(4) CDSA: possession of controlled substances – Schedule II (cannabinoids)
- s. 4(6) CDSA: possession of controlled substances – Schedule III (psychedelics)
- s. 4(7) CDSA: obtaining drugs with or without a prescription
A charge for possession arises when the police find a drug listed in Schedule I, II, or III on your person or property, and they believe you had the drug for personal consumption.
How Serious is the Offence?
All of the above subsections are considered “hybrid” offences. This means that, depending on the facts and circumstances of the case, the Crown may choose to proceed either by indictment or summarily.
A summary offence is generally less serious in both the type of crime and the potential sentence. By contrast, an indictable offence covers more serious crimes and carries more severe penalties.
Types of Drug Offenses in Canada
Drug crimes are regulated by the Controlled Drugs and Substances Act (CDSA). The legislation details the illegal handling of drugs like cocaine, heroin, meth, fentanyl, and even certain prescription drugs when abused.
Certain typical charges a drug charges lawyer can help with are:
- Possession of a controlled drug
- Possession for trafficking
- Drug trafficking or selling
- Drug production or cultivation
- Importing or exporting illegal drugs
The fines differ based on the drug type, quantity, and your past criminal record. However, even a first-time conviction can have serious repercussions that haunt you for years.
Elements of the Offence
There are three types of possession outlined:
- Personal/actual possession
- Constructive possession
- Joint possession
All three types can be proven through either direct or circumstantial evidence.
Note: This section specifically pertains to personal/actual possession.
The Guilty Act (Actus Reus)
To meet the actus reus for personal possession under s. 4(3)(a)(i) of the CDSA, the person must hold or carry the drug on their person.
“Personal possession” (i.e., the actual handling of the item) requires that “the accused must be aware that he or she has physical custody of the thing in question” (Beaver v. The Queen).
The Guilty Mind (Mens Rea)
For personal possession under s. 4(3)(a)(i) of the CDSA, the person must hold or carry the drug on their person and have knowledge and control of the drug.
There cannot be possession without knowledge of the nature of the object. Knowledge requires that an accused have awareness of “the criminal character of the item in issue” (R v Chalk), where knowledge can be inferred by recklessness or willful blindness.
Knowledge of personal possession requires an awareness of what the item is (R. v. Morelli).
In cases of personal possession, the requirement of knowledge comprises two elements: the accused must be aware that they have physical custody of the item in question, and they must be aware of what the item is. Both elements must co-exist with an act of control (outside of public duty) (Beaver v. The Queen).
Possible Defences
There are several defences that can be raised to challenge the elements of the offence of drug possession, including:
- Insufficient possession (e.g., lack of knowledge or control over the illicit drug)
- Lack of intent to interact with the illicit drug
- Possession solely for the purpose of turning the drug over to the police or destroying it
- Possession of an unmeasurably small amount of the drug (e.g., unmeasurable traces of an illicit substance)
- Possession under a valid license authorizing you to have the substance
Applicable Charter Arguments
The Charter of Rights and Freedoms outlines your rights both before and after an arrest. If police officers do not respect these rights, whether intentionally or unintentionally, this could support your defence. Any violations of your Charter rights could lead to the exclusion of some or all evidence that the prosecution intends to use.
Possible Punishment If Convicted
Depending on the nature and quantity of the drugs involved, the CDSA imposes significant penalties for drug possession charges:
- If Proceeded Summarily:
- First offence: Maximum fine of $1,000 and/or maximum jail sentence of 6 months
- Subsequent offence: Maximum fine of $2,000 and/or maximum jail sentence of 1 year
- If Proceeded by Indictment:
- Depending on the drug, maximum jail sentence of 5 to 7 years
Factors That Could Increase the Likelihood of Imprisonment
Some factors that could increase your likelihood of imprisonment include:
- The drug or substance falls under Schedule I (more dangerous drugs)
- The drug was brought into Canada from another country
- The offence involved a connection to a criminal organization
Searching for Drug Charge Lawyers Near Me?
When trouble with the law arises, most individuals look for drug charge lawyers in hopes of finding immediate assistance. Proximity may be nice, but experience and success in the courtroom must be your primary concerns.
Having a local lawyer familiar with the way the Crown lawyers and judges work in your jurisdiction is a big plus. They know how cases are generally dealt with, what diversion programs are available, and when to insist on alternatives to incarceration.
A local emphasis doesn't imply settling, it implies selecting someone with applicable, real-world knowledge who can move quickly.
Conclusion: Call A. Dhillon Law for Strong Drug Defence
If you’ve been charged with a drug offense, don’t face the legal system alone. A. Dhillon Law provides skilled, determined representation for clients facing all types of drug charges in Ontario. Known for thorough preparation and courtroom confidence, A. Dhillon Law helps clients fight for second chances and defend their futures.
When you require a dependable drug charges lawyer, A. Dhillon Law is available to assist you. Whether it's a first-time possession offense or a complex trafficking case, you'll receive candid counsel, thoughtful strategy, and the defense you deserve.
Call us today for a confidential consultation and regain control of your life.
FAQs
1. What do I do if I am arrested for a drug charge?
Remain quiet and call a drug charges lawyer right away. Everything you say can be used against you.
2. Can drug charges be reduced or dismissed?
Possibly, based on the evidence and facts. Your lawyer might be able to negotiate a reduced charge or diversion.
3. Are first-time drug offenders always sent to jail?
Not necessarily. Courts may look at alternatives such as conditional discharges or diversion programs.
4. How do I decide between drug charge lawyers in my area?
Search for experience with similar cases, good reviews, and good communication.
5. Are drug charges permanent on your record?
A conviction will show up on your record, but some charges can be eligible for record suspension or withdrawal.
Experienced Drug Charges Lawyer: Your Best Defence Starts Here
Being accused of a drug crime is a serious offense in Canada. Whether you're charged with possession, trafficking, or production, these charges have serious consequences, including time in jail, substantial fines, and a lifelong criminal record.
If you or someone you know is accused of such a crime, an experienced drug charges lawyer can defend your future and your liberty.
Drug cases are complicated and often include search warrants, wiretaps, and evidence procedures, domains in which legal nuances can win or lose your case.
A great defense begins with a lawyer familiar with how to question improper law enforcement activity and defend aggressively if necessary.
Drug Possession - CDSA
Summary of the Offence
What is a charge of drug possession?
Offences relating to drug possession are found in Part I of the Controlled Drugs and Substances Act (CDSA) under "Offences and Punishment."
Please note this section pertains to possession of drugs for personal use. For charges related to possession for the purpose of trafficking or drug trafficking, different principles apply.
Personal possession is outlined in s. 4(3)(a) of the CDSA.
There are several subsections under which this offence can be categorized, as the CDSA provides eight different Schedules (categories) of controlled drugs. For example:
- s. 4(3) CDSA: possession of controlled substances – Schedule I (opiates and related)
- s. 4(4) CDSA: possession of controlled substances – Schedule II (cannabinoids)
- s. 4(6) CDSA: possession of controlled substances – Schedule III (psychedelics)
- s. 4(7) CDSA: obtaining drugs with or without a prescription
A charge for possession arises when the police find a drug listed in Schedule I, II, or III on your person or property, and they believe you had the drug for personal consumption.
How Serious is the Offence?
All of the above subsections are considered “hybrid” offences. This means that, depending on the facts and circumstances of the case, the Crown may choose to proceed either by indictment or summarily.
A summary offence is generally less serious in both the type of crime and the potential sentence. By contrast, an indictable offence covers more serious crimes and carries more severe penalties.
Types of Drug Offenses in Canada
Drug crimes are regulated by the Controlled Drugs and Substances Act (CDSA). The legislation details the illegal handling of drugs like cocaine, heroin, meth, fentanyl, and even certain prescription drugs when abused.
Certain typical charges a drug charges lawyer can help with are:
- Possession of a controlled drug
- Possession for trafficking
- Drug trafficking or selling
- Drug production or cultivation
- Importing or exporting illegal drugs
The fines differ based on the drug type, quantity, and your past criminal record. However, even a first-time conviction can have serious repercussions that haunt you for years.
Elements of the Offence
There are three types of possession outlined:
- Personal/actual possession
- Constructive possession
- Joint possession
All three types can be proven through either direct or circumstantial evidence.
Note: This section specifically pertains to personal/actual possession.
The Guilty Act (Actus Reus)
To meet the actus reus for personal possession under s. 4(3)(a)(i) of the CDSA, the person must hold or carry the drug on their person.
“Personal possession” (i.e., the actual handling of the item) requires that “the accused must be aware that he or she has physical custody of the thing in question” (Beaver v. The Queen).
The Guilty Mind (Mens Rea)
For personal possession under s. 4(3)(a)(i) of the CDSA, the person must hold or carry the drug on their person and have knowledge and control of the drug.
There cannot be possession without knowledge of the nature of the object. Knowledge requires that an accused have awareness of “the criminal character of the item in issue” (R v Chalk), where knowledge can be inferred by recklessness or willful blindness.
Knowledge of personal possession requires an awareness of what the item is (R. v. Morelli).
In cases of personal possession, the requirement of knowledge comprises two elements: the accused must be aware that they have physical custody of the item in question, and they must be aware of what the item is. Both elements must co-exist with an act of control (outside of public duty) (Beaver v. The Queen).
Possible Defences
There are several defences that can be raised to challenge the elements of the offence of drug possession, including:
- Insufficient possession (e.g., lack of knowledge or control over the illicit drug)
- Lack of intent to interact with the illicit drug
- Possession solely for the purpose of turning the drug over to the police or destroying it
- Possession of an unmeasurably small amount of the drug (e.g., unmeasurable traces of an illicit substance)
- Possession under a valid license authorizing you to have the substance
Applicable Charter Arguments
The Charter of Rights and Freedoms outlines your rights both before and after an arrest. If police officers do not respect these rights, whether intentionally or unintentionally, this could support your defence. Any violations of your Charter rights could lead to the exclusion of some or all evidence that the prosecution intends to use.
Possible Punishment If Convicted
Depending on the nature and quantity of the drugs involved, the CDSA imposes significant penalties for drug possession charges:
- If Proceeded Summarily:
- First offence: Maximum fine of $1,000 and/or maximum jail sentence of 6 months
- Subsequent offence: Maximum fine of $2,000 and/or maximum jail sentence of 1 year
- If Proceeded by Indictment:
- Depending on the drug, maximum jail sentence of 5 to 7 years
Factors That Could Increase the Likelihood of Imprisonment
Some factors that could increase your likelihood of imprisonment include:
- The drug or substance falls under Schedule I (more dangerous drugs)
- The drug was brought into Canada from another country
- The offence involved a connection to a criminal organization
Searching for Drug Charge Lawyers Near Me?
When trouble with the law arises, most individuals look for drug charge lawyers in hopes of finding immediate assistance. Proximity may be nice, but experience and success in the courtroom must be your primary concerns.
Having a local lawyer familiar with the way the Crown lawyers and judges work in your jurisdiction is a big plus. They know how cases are generally dealt with, what diversion programs are available, and when to insist on alternatives to incarceration.
A local emphasis doesn't imply settling, it implies selecting someone with applicable, real-world knowledge who can move quickly.
Conclusion: Call A. Dhillon Law for Strong Drug Defence
If you’ve been charged with a drug offense, don’t face the legal system alone. A. Dhillon Law provides skilled, determined representation for clients facing all types of drug charges in Ontario. Known for thorough preparation and courtroom confidence, A. Dhillon Law helps clients fight for second chances and defend their futures.
When you require a dependable drug charges lawyer, A. Dhillon Law is available to assist you. Whether it's a first-time possession offense or a complex trafficking case, you'll receive candid counsel, thoughtful strategy, and the defense you deserve.
Call us today for a confidential consultation and regain control of your life.
FAQs
1. What do I do if I am arrested for a drug charge?
Remain quiet and call a drug charges lawyer right away. Everything you say can be used against you.
2. Can drug charges be reduced or dismissed?
Possibly, based on the evidence and facts. Your lawyer might be able to negotiate a reduced charge or diversion.
3. Are first-time drug offenders always sent to jail?
Not necessarily. Courts may look at alternatives such as conditional discharges or diversion programs.
4. How do I decide between drug charge lawyers in my area?
Search for experience with similar cases, good reviews, and good communication.
5. Are drug charges permanent on your record?
A conviction will show up on your record, but some charges can be eligible for record suspension or withdrawal.
