Drug Trafficking

CHARGED OR ABOUT TO BE WITH A DRUG OFFENCE?

If you have been charged or expect to be charged with possession, possession for the purpose of trafficking, trafficking, importing or production or any other offence regarding  any illegal drugs such as marijuana, hashish, cocaine, heroin, fentanyl, ecstasy (MDMA), magic mushrooms, GHB, ketamine, etc. then you need the peace of mind we can provide with professional and efficient drug offence lawyer.

We defend people charged with all types of drugs under the Controlled Drugs and Substances Act (CDSA).

Being accused of a drug offence is a very stressful experience.  You’ll face significant jail time, fines, and probationary conditions and other consequences. Convictions or any finding of guilt are viewed extremely seriously by the US and UK and many other countries and will prevent you from entering them without having to obtain an expensive advance waiver which can never be guaranteed.  Probation will restrict your lifestyle. Your future plans and future and possibly current employment could be affected.

Fortunately, we can help. Connect to our lawyers for drug charges who can advise you on what to expect, what your possible defenses are, and how we can best get you out of the charges.  Even when the cards seem stacked against you, we can help.  We take difficult cases and apply careful review of both the Crown’s evidence and your input to come up with all the facts. We use skill and attention to detail to make the court system work for you and ensure all your rights are preserved.

We’ll go to Court for you so you won’t have to miss work.  Once you are charged, and before you attend court, you need to know your rights and be advised by someone who understands how to best protect you and ensure the best outcome in your case.

We can offer you a winning defense with our knowledge of all the complex rules in this area.  We’ll help you clearly understand what you are up against and how we’ll build a successful defense.

HOW CAN A DRUG DEFENCE LAWYER HELP?

We understand that by starting on a case immediately we can get you a better result. We are able to preserve evidence before it is lost or memories fade. We’ll have detailed interviews of our you and witnesses and arrange to gather any evidence such as camera records, and other records before it is erased.

Drug Prosecutions fail and charges are withdrawn or dismissed because charges are frequently dropped due to the police violating the strict Search and Seizure laws in Canada including the Right of every Canadian pursuant to Section 8 of the Canadian Charter of Rights and Freedoms: which states that “ Everyone has the right to be secure against unreasonable search or seizure”.  Canadians have a constitutionally protected right to privacy and the state can only invade that privacy in prescribed circumstances.

Search warrants have to be obtained and exercised within their limits. Search warrants are obtained by the police or others connected to law enforcement providing information to a Justice of the Peace to obtain a Search Warrant or a Wiretap Authorization, and so forth.

We can challenge the validity of what is called the ITO (Information to Obtain) the warrant. If we can show the police lied, exaggerated, or withheld relevant information we can have the Authorization quashed by a Judge and all evidence seized is then INADMISSIBLE in Court and the case falls apart. You walk free.

We attack warrantless searches as well where citizens are searched without proper grounds to do so.  These are some of the methods we do to win cases. We challenge and fight for your rights.

We challenge the key issues of Possession, Trafficking, Knowledge and the nature of the substance alleged to be a restricted drug including its weight and proper handling by the police and the credibility of snitches who want to trade information often exaggerating it to get out of their own charges.

We know all the required elements that the Crown must prove beyond a reasonable doubt on each type of drug offence. If they fail to prove just one element, the case crumbles like a house of cards and you walk free.

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

The Charter is one of our best tools to help us win your case. provisions of the Charter allow us to win Cases. Sections 7-14 set out every accused’s legal rights.  We analyze the case to determine if any of these rights are breached and if so we launch into action.  Some of the key rights in the legal system are set out below.

Sections 7 to 14 set out rights that protect Canadians when dealing with the justice system. They ensure that individuals who are involved in proceedings are treated fairly, especially those charged with a criminal offence.  Reproduced below are Sections 7-12.

Section 7 – Life, liberty, and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 7 guarantees the life, liberty and personal security of all Canadians. It also requires that governments respect the basic principles of justice whenever they intrude on those rights. Section 7 often comes into play in criminal matters because an accused person clearly faces the risk that, if convicted, his or her liberty will be lost.

Section 8 – Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

According to the Supreme Court of Canada, the purpose of section 8 is to protect a reasonable expectation of privacy. This means that those who act on behalf of a government, such as police officers, must carry out their duties in a fair and reasonable way. They cannot enter private property or take things from others unless they can show that they have a clear legal reason.

In most cases, they are allowed to enter private property to look for evidence or to seize things only if they have been given a search warrant by a judge. If search warrants are defective or obtained by illicit means then we will bring a motion to ask the Court to exclude the evidence.

Section 9 – Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Section 9 says that government officials cannot take individuals into custody or hold them without a good reason. For example, a police officer must have reasonable grounds for detaining a person. However, courts have stated that laws allowing officers to stop drivers for breath tests are reasonable and do not violate the Charter. If you find yourself in this position we will take appropriate action for you including asking the case be dismissed.

Section 10 – Arrest or detention

10. Everyone has the right on arrest or detention:

The rights in section 10 apply when a person is arrested or detained. They ensure that people under arrest have a chance to challenge the lawfulness of their arrest. The police must tell them quickly the reasons for their arrest. These people also have the right to talk to a lawyer to get legal advice about their situation, and the police must tell them what legal aid services are available in their area. Persons under arrest also have the right to ask a judge to decide whether their arrest was legal and, if it was not, to order their release.  If these rights were not respected, we will bring a motion to ask the Court to dismiss your charges.

Section 11 – Proceedings in criminal and penal matters

11. Any person charged with an offence has the right:

Trial within a reasonable time has been decided by the Supreme Court of Canada to be 18 months from the date of charge to expected completion of trial in Provincial Court Matters and 30 months in Superior Court.  All times exclude time delays caused by Defence or the Accused.  If your trial will not be completed in this time frame we will seek to have the case dismissed.

Section 12 – Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Section 12 prohibits treatment and punishment by the state that are cruel and unusual. This includes torture, excessive or abusive use of force by law enforcement officials. Thus if you have been assaulted by police or subjected to excessive use of force or deprived of medical care etc. we will seek a remedy of staying the proceedings against you.

CASE WITHDRAWN, DISMISSED, & DIVERSION

Depending on the facts a number of options can be on the table for your case.  We could negotiate to have the case pleaded down to a less serious charge without jail or significant fines. We can demonstrate that the case has serious issues such as  reasonable doubt or improper actions on part of the police or lack of evidence in order to negotiate to have the Case Withdrawn for having a low prospect of succeeding at trial.  We can arrange for withdrawal of the case on the basis of either a formal or informal diversion program such as completion of a substance abuse program and/or counselling.

WE DON’T SURRENDER YOUR RIGHTS!

We preserve your right at all times to a Trial within a Reasonable Time as guaranteed by the Canadian Charter of Rights and Freedoms.  If your trial is not completed in Provincial Court within 18 months (excluding delays due to the accused or his/her counsel) of the date of charge we can move to have the charges stayed.  The period is 30 months in Superior Court.  It takes an exceptional reason for the Crown to contest this constitutionally guaranteed right.

POLICE ABUSE & DISHONESTY

Most police are honest and do their jobs properly in the lawful performance of their duties.  However, there are cases where accused may be abused during arrest by excessive use of force or even assault, denial of prompt  or any medical treatment and so forth.  Although you may be guilty of the Crime, you may walk free if we bring the appropriate motion to the Court and you are believed and the Court believes the proper remedy is to stay the charges against you. Therefore, if you have bruises, or injuries, document them – take photos, go to your doctor or a walk-in-clinic or a hospital or contact us right away to discuss this.

It is also not unheard of that Police have stolen drugs or money or both from alleged drug dealers or planted evidence or additional drugs or weapons on the accused to “beef up the case” against them.  If we can prove that, this is a serious issue that can result in the Case being dismissed.  We are not suggesting this is a widespread practice but it can and does occur across police forces world wide. Report it if it has as you will need good proof.

WHAT IS POSSESSION OF DRUGS?

Possession is the least serious drug charge but is still very serious as you can have a Criminal Record, Jail, and/or Fines plus probation and orders to attend programs. A simple Possession charge will be laid where there the quantity of drugs is small.  It is not necessary to be caught in “actual possession” of the drugs as the law permits constructive and joint possession.  You don’t even have to own the drugs to be charged with Possession. You can be legally found in possession when:

• where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
• you have it knowingly in the custody of someone else, for your use or another person
• you have it knowingly in a place (for example storing it there) whether or not that place belongs to or is occupied by you, for the use or benefit of yourself or of another person.

POSSESSION FOR THE PURPOSE OF TRAFFICKING

If you are found in possession of a larger quantity you may be charged initially with “possession for the purpose of trafficking” but this charge requires actual intent to traffic (sell or transfer the drug) to someone.  This charge is more serious than Possession.

The Crown must prove that (1) the substance found was illegal, (2) that you were in possession of it, AND (3) that you had the intention to sell, transfer or distribute it  to other people.  It is a very common Police tactic to overcharge persons who simply have possession of drugs for their own use with Possession for the Purpose of Trafficking. We use the same defences as in Simple Possession but of course the key here is in showing it was never your intention to traffic and the drug was for your personal use.  It is very hard for the Crown to prove Intention.

TRAFFICKING OF DRUGS

Trafficking is the selling, distributing, transferring, or delivering of a controlled substances or illegal drugs to another person. It is not necessary to prove that you were paid for the drug or made any profit or if the item trafficked was actually an illegal drug, it is sufficient that it was held out to be an illegal drug. Trafficking is more serious than Possession for the Purpose of Trafficking. Depending on the Drug type and Quantity and circumstances the sentences are very serious jail time.  The more dangerous the drug, the higher the sentence.

IMPORTING AND PRODUCTION OF DRUGS

Importing and Production of Drugs are seen as the most serious offences carrying the most severe penalties.   We can represent you on these and any other more complex offences. If you have been charged or believe you could possibly be charged, then contact our office to speak to us.   Your best defence is to lawyer up as soon as possible.

SENTENCES

Sentences in all of these offences vary depending on many factors, depending on the drug type, quantity, your record, and whether there are any statutory aggravating factors as prescribed by law and the particular circumstances of the offender.