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.
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.
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