Checkout Some FAQs About Drug Offences
What Are They?
The word “schedules” in this context refers to lists that classify drugs that are governed by this piece of law. Schedule I lists the drugs that are the most dangerous and carry the most serious punishments.
You can find the Schedules here. Schedules II, III, IV, and V list less dangerous drugs and their punishments.
What Does It Mean?
4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
For the Crown to prove the offence of possession, the following elements are needed:
- Knowledge – this refers to proof that you knew the substance in your possession was listed in the CDSA
- Control – this refers to proof that you had control over the substance
The range of punishment depends on the Schedule that the substance is listed on. For a Schedule I drug, the punishment ranges from 6 months in jail to a maximum of 7 years. For a Schedule II drug, the punishment ranges from 6 months in jail to a maximum of 5 years minus a day. For a Schedule III drug, the punishment ranges from 6 months in jail to a maximum of 3 years.
You should also be aware that there is the possibility of a monetary fine for a drug on any of the Schedules. The maximum is $1,000.
“Possession For The Purpose Of Trafficking / Trafficking”
What Does It Mean?
5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
For the Crown to prove trafficking, there should be proof that you gave or delivered a substance to another person. There is no requirement to show that money was exchanged between you and the other person.
For the Crown to prove possession for the purpose of trafficking, there should be proof that you possessed a controlled substance and had the intent to provide it to others. There should be proof of actual knowledge of the substance.
The maximum punishment for trafficking a Schedule I or II drug is life imprisonment. The range of punishment for a Schedule III or IV drug is between 18 months to a maximum of 10 years. The range of punishment for a Schedule V drug is between 1 year to a maximum of 3 years.
Mandatory Minimum Sentences In A Drug Offence
What Are They?
Mandatory minimum sentences are the sentences that a judge may be required to give you. The term of the sentences depends on the Crown proving any number of factors which can include any use of violence, earlier findings of guilt, any connections with a criminal organization, etc.
How We Can Help You?
Drug-related offences is a technical area of law that requires hiring a lawyer with experience and knowledge of the processes, options, and risks you face. We can help to explain what the technical details are, the best options to fight the legality of a search, what it means to fight the charges in a trial, and what it means to plead guilty.
Before making any final decision, please call our office at (416) 824-3584 and speak to us for a free consultation before deciding on a course of action.
The following represents only a sample of cases that were scheduled for trial. These do not include favourable resolutions that were negotiated with the Crown before a trial date was scheduled.
O.A. was charged with Possession of Cocaine for the purpose of trafficking and simple possession of Cocaine. Mr. O. and his co-accused had an encounter with the police in the parking lot of a community centre in Brampton. Mr. O.A. vehicle was searched by the police without a warrant and approximately 100 grams of cocaine was located. Counsel Michelle Johal applied to exclude the evidence on the grounds that the evidence was obtained in breach of his rights under Section 8, 9 and 10 of the Charter. Justice Molloy concluded that the search of the vehicle violated the Section 8 and 9 rights of the accused and excluded the evidence pursuant to s.24(2) of the Charter. The charges against Mr. O.A. were dismissed.
R. V. T.V.
T.V. was charged with produce marihuana, possession for the purpose of trafficking and possession of proceeds. After a month long trial, the Judge found that the evidence failed to show that the accused committed the offence of production of marijuana at two residences either by her direct actions or by aiding and abetting. The judge also found that in the absence of proof beyond reasonable doubt of knowledge of any criminal source of the funds from unnamed sources, resulting in the purchase of the named properties in possession of the accused, or any linkage of those funds or properties beyond reasonable doubt to criminal conduct, that the proceeds charges should also be dismissed. All charges against the client were dismissed.
R. V. J.S.
J.S. was charged with production of marihuana. The police located a grow operation in the basement of her residence. The Crown initially took a position of 9 months jail as a result of the introduction of mandatory minimum sentences. The charge of production of marihuana was ultimately withdrawn by the crown.
R. V. H.S.
H.S. was charged with trafficking marihuana and possession of proceeds. York Region Police officers arrested him in his vehicle in the parking lot of a busy retail establishment. After successful resolution discussions with the Crown, the criminal charge against him was withdrawn.
R. V. O.A.
Client and his co-defendants were charged with trafficking in a large amount of cocaine. Following a trial in the Superior Court of Justice the charges were stayed because the police violated the client’s Charter right to be free unreasonable search and seizure due to the warrantless search of his van.
Discuss Your Case In Confidence
Our Brampton office is conveniently located beside the Criminal/Family Courthouse at 7755 Hurontario Street West, Brampton, Ontario. It is steps from the Peel Regional Police station where clients have to attend for fingerprinting.
Our Office is located on County Court Blvd across from the Tim Hortons in County Court Law Chambers.
The address is:
602-201 County Court Blvd
Brampton, ON L6W 4L2
We will respond to your inquiry within 24 hours.