This page is provided to give an overview of the types of drug charges and defences that a person in Canada may encounter. It is for informational purposes only. While the most common charge in drug arrests is possession of cannabis (marijuana), many individuals are charged with the production and sale of cannabis and other types of illegal drugs.
According to Canadian law drug charges are classified according to the type of drug involved, the amount or weight or the drug that is found and whether the drugs were merely possessed or were possessed for the purpose of trafficking (intended to be sold). There are five basic categories of drugs that controlled by the Controlled Drugs and Substances Act. These categories are all listed in the schedules attached to the Act. Schedules 1, 2, and 3 contain drugs which are illegal to possess. The first schedule includes drugs such as heroin and cocaine. The second schedule contains cannabis (marihuana) products. The third schedule contains drugs like amphetamines and LSD.
As a result of the new Conservative Omnibus crime bill, judges will be required to issue minimum sentences for some drug-related offences, a change that is expected to dramatically increase the number of people in provincial and federal prisons.
If you are charged with possession of a controlled substance, you should get legal advice from an experienced drug lawyer. An experienced drug lawyer can advise you whether or not there is a defence to the charge, and whether proper procedures were followed by the police. It is not an uncommon occurrence for the police to conduct illegal searches, and for this to result in the evidence being excluded following a successful Charter application. Drug cases are often very technical. The Crown has to prove that the substance was in fact the controlled substance they are alleging. They have to produce a certificate of analysis for the controlled substance, which must be served upon you before trial. If this does not occur, arguments can be made which prevent the Crown from successfully proving the charge against you.
Criminal Lawyer Michelle Johal has successfully defended trafficking in cocaine charges by attacking the unlawful police search of her client’s vehicle and unlawful detention of her client. In a recent case, approximately 100 grams of cocaine was excluded after successfully arguing a Charter application. Criminal Lawyer Michelle Johal has also recently obtained an acquittal for a woman charged with six counts of criminal conduct, contrary to the Controlled Drugs and Substances Act (CDSA) and the Criminal Code, which included charges of producing marijuana, possession for the purpose of trafficking, and possession of proceeds. In that case, after a month long trial the judge found that the evidence led by the Crown failed to show that the accused committed the offence of production of marijuana at various residential properties, either by her direct actions or by aiding and abetting.
Michelle Johal Practices Exclusively In The Area Of Criminal Law.
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Our Brampton location is conveniently located beside the Ontario Court of Justice and across from the Peel Regional Police Station. It is located at 201 County Court Blvd, Suite 602. It is a four storey blue office building located next to the Swiss Chalet. There is an abundance of free parking at this location.
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