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 was outstanding from start to finish. Her strategic approach in handling my case helped me achieve my desired outcome. During my consultation with Michelle she was very thorough in explaining the process, potential outcomes and really put me at ease by managing expectations. She was also very transparent with the fees – helping me plan accordingly. With my charge withdrawn, she has been instrumental in helping me put this issue behind me. Highly recommend Ms. Johal.
Steven
I can not be more grateful and satisfied by the honesty and integrity which was shown to me by Michelle Johal. She was never quick to judge and always focused on supporting myself on winning my case. I would highly recommend hiring Michelle Johal as your Lawyer. Thank You!
F R
Michelle Johal is a fantastic lawyer. She is passionate, charismatic and most importantly dedicated to her clients and her cases. You will be in good hands with Michelle and you will feel how much she cares about your case. I highly recommend her!
Maya Shukairy
I retained Michelle Johal and she has taken care of everything from beginning to end. She was able to answer all my questions and make sure I was able to get the best possible outcome! She has been of great help to me and is highly recommended to anyone.
P Y
Michelle Johal is best lawyer.She take care of everything about your case.She dismissed all my charges of drink and drive.And also you can pay her fee in installment.Her nature is very good .She explained everything in perfect manner .I am very lucky to have this lawyer.
Amrinder Singh
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Practice Areas
Michelle Johal Practices Exclusively In The Area Of Criminal Law.
Discuss your case in confidence
It is located a short distance from the A. Grenville and William Davis Courthouse located at 7755 Hurontario in Brampton. It is located across from the Tim Horton’s on County Court Blvd, and is a large commercial building with ample parking. We can be located on the 6th floor at County Court Law Chambers.
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