Drug Offence Lawyer in Canada

What Drug Offences covers in Canadian criminal law

Common charges in this area

• The substance was a controlled substance listed in a Schedule to the Act
• The accused had possession, which requires knowledge and control
• For trafficking offences, the accused sold, administered, gave, transferred or offered to do so
• For possession for the purpose, an intention to traffic the substance
• Continuity of the exhibit from seizure through to analysis by a Health Canada analyst

Penalties and consequences

• Maximum penalties that vary by schedule, reaching life imprisonment for trafficking Schedule I substances under section 5(3)(a)
• Forfeiture of offence-related property, including vehicles and cash, under the Act and the proceeds-of-crime provisions
• A criminal record that bars many forms of employment and creates border inadmissibility
• Probation, treatment conditions and, in serious trafficking cases, penitentiary custody
• Immigration consequences, including inadmissibility for serious criminality

Common defences

• Section 8 Charter challenges to the search warrant, the information to obtain, or a warrantless search
• Section 9 challenges to an arbitrary detention that produced the discovery of the drugs
• Absence of knowledge or control, particularly in shared vehicles and residences
• Failure to prove the identity of the substance or continuity of the exhibit
• Section 24(2) exclusion of evidence applying the R. v. Grant factors
• Unreasonable delay under section 11(b) in wiretap and project prosecutions

Drug offence lawyer: frequently asked questions

Who prosecutes drug charges in Canada?

Offences under the Controlled Drugs and Substances Act are federal offences and are ordinarily prosecuted by the Public Prosecution Service of Canada. In a few provinces prosecutorial arrangements differ, but in most of the country a federal prosecutor, not a provincial Crown attorney, will be handling the file.

Are mandatory minimum sentences still in force for drug offences?

Several mandatory minimums in the Controlled Drugs and Substances Act have been struck down by the courts or repealed by Parliament, and the sentencing landscape has changed considerably. Whether a minimum applies to a particular charge depends on the substance, the allegation and current law, which counsel should confirm on the specific charge.

Can drugs found in a car be attributed to every passenger?

Not automatically. Possession requires knowledge and a measure of control. Where drugs are found in a shared space, the Crown must prove that the particular accused knew the drugs were there and had control over them, which is often the weakest part of the case.