Kahlon law has a strong track record of effectively defending all forms of drug offences, but each case is distinct and must be defended on its own merits. Previous experience in defending some drug prosecutions does not guarantee a positive outcome in other situations.
An arrest under the Controlled Drugs and Substances Act (CDSA) can result in a criminal record, which may hinder your right to enter other countries such as the United States of America. A drug record can also harm your desire to find work in the future. When you are convicted of more severe drug offences, you could serve a lengthy prison term.
Call (844) 978-8444 to schedule an appointment with Kahlon Law In Toronto to address the drug-related charge immediately.
Problems that could occur as a result of drug offences
The penalties imposed in drug offences differ greatly. Below are some of the factors considered in prosecution and sentencing of drug offences:
- The type of drug.
- The substance’s quantity.
- Potential drug addiction.
- The amount of preparation and deliberation that went into the crime.
- The offender’s previous criminal history.
- Whether there was some such narcotics dealing involved.
Strong narcotics, such as fentanyl, and heroin, bear heavier penalties. Possession with the intent to traffic, trafficking, and production would be punished more severely than mere possession. “Trafficking” is a concept that encompasses anything from drug transport and sale to handing somebody a drug.
Another broad and multifaceted criminal charge is “possession.” Many people feel that being charged with possession necessitates the physical possession of a controlled substance. However, merely being in the company of someone who is using drugs can result in charges. Joint possession is a crime that a group of individuals may commit. This happens when one or more group members have substances with the awareness, approval, and assistance of the others. Charges can also be levied if an individual has narcotics concealed in some of their possessions.
Any part of cultivating or manufacturing medicines is referred to as “production.” Also, helpers in the development and manufacturing phase can be held accountable. A landowner who intentionally encourages anyone to use their property for drug manufacture may face charges as well.
Willful blindness is not a defence against a narcotics charge; becoming guilty would not need conclusive evidence or firsthand experience that a drug offence is occurring.
The legislation governing narcotics offences can be overly complicated to understand. You require a criminal defense attorney’s services with the expertise and ability to provide you with the professional representation you need.
Pursuant to a recent directive issued to Public Prosecution Service of Canada (PPSC), the approach to simple possession offences has seen a shift. PPSC are encouraged to assess simple possession cases to consider whether the prosecution serves the public interest. An individual charged with simple possession of the drug can be offered the ability to contribute back to the community in the form of community service work in return for the charges being dropped. This is not a given; it is up to the Crown Attorney of the Department of Public Prosecutions to decide.
Fentanyl, Cocaine & Heroin
These are classified as more severe substances in Canada, with more serious effects. In these situations, the chances of removal in return for avoidance tactics are lower. This is why you can get legal advice to see how this is feasible.
Questions and Answers about Drug Abuse Offences
In the prosecution of a drug case, what must the lawyer prove?
In a drug case, the Crown Attorney must first show that the substance in issue is an illicit drug as specified under the Controlled Drugs and Substances Act. Fentanyl, hashish, cocaine, methamphetamine, GHB, ecstasy, magic mushrooms, ketamine, LSD, crystal meth, and morphine, among other substances, are prohibited in Canada without a valid prescription.
Often, the Crown would present the “Certificate by Analysis” of a Health Canada analyst who has checked the narcotic and turned them into facts to establish the existence of the product suspected to be an illicit drug. It is insufficient for the police officer to testify that the thing in dispute seemed to be a controlled substance.
How does the Crown establish that it has real possession?
The Crown must demonstrate (i) understanding of the item and (ii) a form of control over the item to indicate that you were in actual possession of a substance.
How is knowledge of the accused established?
If there is a question of awareness of the item’s existence, having an illicit substance in your wallet might not be enough to determine actual ownership. For, e.g., one may wear a friend’s or relative’s clothes (such as a sweater or a pair of jeans) without realizing that narcotics have been left in the pockets. This person cannot be assumed to be aware of the illicit substance. One cannot be found guilty of possession if he or she has no knowledge that the substance was present in the first place.
And if the Crown can show that an individual had an awareness of the illicit substance, the Crown must still show that the person had power over it in some way.
Is it possible for me to be found guilty of consuming a substance that was not found on my person?
Even if an individual may not have narcotics on their person (actual possession), they can be considered to be in possession if it can be shown that they had (i) knowledge of the item (ii) intent or consent to possess the item and (iii) exercised control over the location of the item (constructive possession).
Since in cases of constructive possession, the accused is not in actual possession of the drugs, the requisite information and regulation may be inferred from other proof.