Drug Lawyer In Toronto
Drug offences are enumerated in the Controlled Drugs and Substances Act. They include: Trafficking, Importing, Producing a Substance, and both “simple” Possession and Possession of a Drug for the Purpose of Trafficking. For a complete listing of drug offences, please refer to the Controlled Drugs and Substances Act http://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html. Often, those charged with drug related offences, are also charged with Possession of Proceeds of Crime, which is an offence under the Criminal Code of Canada. A complete listing of Criminal Code offences can be found here: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html.
What follows is a brief summary of the law relating to drug offences. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
Drug Trafficking
In order to find someone guilty of trafficking in a drug, the Crown must prove that: (a) the defendant trafficked in a substance, (b) the substance was one prohibited under the Controlled and Drugs Substances Act: for example, cocaine (c) the defendant knew the substance was a substance prohibited under the Controlled and Drugs Substances Act, and (d) the defendant intentionally trafficked in that substance. To “traffic” in a substance means to sell, give, administer, transfer, send, or deliver something to someone, or to offer to do so. The Crown can prove the defendant had “knowledge” of the nature of the substance by proving that (a) the defendant actually knew or was aware of what it was, or (b) was aware of the need to make an inquiry about the nature of the substance but deliberately failed do to so because he or she did not want to know the truth about it.
Possession of a Drug for the Purpose of Trafficking
To find someone guilty of Possession of a Drug for the Purpose of Trafficking, the Crown must prove that: (a) the defendant was in possession of a substance (for example: ecstasy, (b) that the substance was a substance prohibited under the Controlled Drugs and Substances Act, (c) the defendant knew that the substance was a substance prohibited under the Controlled Drugs and Substances Act, and (d) the defendant had possession of the substance for the purpose of trafficking in it. It should be noted that under the law, a person has possession of an item when he has it in his personal possession or knowingly: (a) has it in the actual possession or custody of another person, or (b) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or another person. Further, where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, the law deems it to be in the custody and possession of each and all of them. Finally, of course, the Crown must prove that the drug was not for “personal use”; the Crown must prove that the possession was for the purpose of trafficking. To “traffic” in a substance means to sell, give, administer, transfer, send, or deliver something to someone, or to offer to do so.
Importing Drugs
It is, of course, illegal to bring a prohibited drug into Canada. To find someone guilty of Importing a substance, the Crown must prove that: (a) the defendant imported a substance into Canada: for example, heroin (b) the substance was a substance prohibited under the Controlled Drugs and Substances Act, (c) the defendant knew that the substance was a substance prohibited under the Controlled Drugs and Substances Act, and (d) that the importing was intentional. The Crown therefore must prove that the defendant either brought the substance, or caused someone else to bring in the substance from outside Canada into Canada. To prove that the defendant knew the substance was prohibited under the Controlled Drugs and Substances Act, the Crown must prove actual knowledge on the part of the defendant or that the defendant was suspicious as to its nature/was aware of the need to inquire about its nature but deliberately failed to do so because he or she did not want to know the truth about it. This is often called “wilful blindness”.
Producing a Substance
Producing a substance is a serious criminal offence and carries with it, strict penalties. To find someone guilty of Producing a Substance (for example, marijuana), the Crown must prove that: (a) the defendant produced marijuana, (b) the substance was marijuana (c) the defendant knew that the substance was marijuana, and (d) the defendant intended to produce marijuana. To “produce” a substance means to make it or mix it with some other substance and includes cultivation, propagation, and harvest. To prove that the defendant knew the substance was prohibited under the Controlled Drugs and Substances Act, the Crown must prove actual knowledge on the part of the defendant or that the defendant was suspicious as to its nature/was aware of the need to inquire about its nature but deliberately failed to do so because he or she did not want to know the truth about it. This is often called “wilful blindness”.
There are numerous ways to defend against these charges and I have successfully defended people against them numerous times – please refer to my Recent Successes page. The consequences to receiving a conviction for any drug offence can be very severe with a maximum penalty for certain offences being life imprisonment.
Again, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at 416-658-5855.
