DRUG POSSESSION OFFENCES
Kahlon Law
Is Skilled In Drug Possession Offences
Kahlon Law has experience defending clients charged with drug related offences. There are a number of drug associated offences in Canada including, possession of substance, possession for the purpose of trafficking, importing and exporting, etc. Read along to find out what happens if you are faced with such charges.
Drug offences are some of the most serious offences which can have long-term consequences well beyond the punishment. Even the most minor charges must be taken seriously, and the person accused of such an offence must immediately seek legal help from a reputable Criminal Defence Lawyer.
Common Offences
Drug offences in Canada are regulated under the Controlled Drugs and Substances Act. Section 4 of the Act provides punishment for possessing a scheduled drug/substance. Potential sentences range from discharges right up to imprisonment depending on the offences, the nature of the drug, and other aggravating factors.
Similarly, under Section 5, trafficking the scheduled substances and possession for the purposes of trafficking is a crime. Likewise, Section 6 penalizes illegal importers and exporters of drugs. Anyone who is found guilty of such offences can face life imprisonment, and in certain circumstances may face a minimum term of mandatory imprisonment.
As evident from the above sections, the offences under the Controlled Drugs and Substances Act are extremely severe and can have life-long impact.
Defending a Drug Case
In order to secure a conviction for a drug possession charge, the Crown prosecutor must prove beyond a reasonable doubt that the accused possessed the substance, that the substance was an illegal drug, that the accused knew that they had the drug in his possession, that he knew that the substance he possessed was in fact a drug. In trafficking or import/export charges, the crown must additionally prove that the accused had the intention of committing the offences so alleged.
In order to the prove that the item in question is fact an illegal drug, the Crown will typically rely on a Certificate of Analysis from Health Canada, who have tested the item. Actual possession can be proven by satisfying beyond a reasonable doubt that the individual had knowledge of what the item was and had some measure of control over the item.
In many cases, the drugs are discovered by the police following a search. The legality of the search that resulted in the discovery is often an important area in a successful defence. An unreasonable search or seizure could result in the evidence being excluded. It is not uncommon for the police to conduct illegals searches, which can result in exclusion of the evidence following a successful Charter application. Your lawyer may also be able to argue against knowledge and control.
Bail
If you are arrested for a drug related offence, you still retain all your legal and Charter rights, including the right to consult a lawyer, right to obtain bail, and more. The police must allow you to speak to your lawyer before taking your statement. In such scenario, it is advised that a good Criminal Defense Lawyer should be contacted so that you being a layman in terms of legal issues may not make a grave mistake.
The next step after arrest is to obtain bail. Unless the police deem the accused releasable, they will most likely want to keep him in detention. Here, a Criminal Defense Lawyer will help the accused obtain bail from a court of law. At a bail hearing, the lawyer will argue before the judge or justice of the peace as to why the client is legally entitled to be released and on least restrictive conditions.
If you are in Ontario and you ever find yourself in a situation where you are or might be arrested, give us a call at (844) 978-8444 and rest assured that there will be a licensed professional looking out for your freedom and well-being.
Address:
229-6200 Dixie Rd, Mississauga, ON L5T 2E1
Phone:
(647) 978-8444
Email:
info@kahlonlaw.com
Hours of Operation:
Available 24/7 Via Phone