Toronto Drug Charge Lawyer
Toronto Criminal Defence Lawyers Representing Clients Facing Drug Charges
Drug offences are governed by the Controlled Drugs and Substance Act of Canada (“CDSA”) as well as the relatively new Cannabis Act which came into force in 2018, after the legalization of cannabis.
Drug offences range from relatively minor possession offences to extremely serious trafficking and importing offences which carry lengthy jail sentences upon conviction.
Types of Drug offences
Possession Offences
Possession of a controlled substance is prohibited by s. 4 of the CDSA. A controlled substance is one of the drugs outlined in the three Schedules of the CDSA.
The more dangerous drugs or controlled substances are in Schedule I, while Schedule III contains drugs/controlled substances perceived as less serious. Schedule II used to contain cannabis but now presently only contains synthetic cannabinoids.
Depending on the drug and the Schedule that it is in, the CDSA carries penalties as high as seven years in prison for possession offences (for a Schedule I drug).
Trafficking and Possession for the Purpose of Trafficking Offences
Trafficking includes a broad range of activities including selling, transporting or otherwise delivering a controlled substance. Trafficking or possessing a controlled substance for the purpose of trafficking is prohibited under sections 5 (1) and (2) of the CDSA.
Trafficking or selling drugs is a serious offence. Depending on a number of variables, including the type of drug, quantities involved and where and to whom the drugs were sold, trafficking offences can attract a penalty of up to life imprisonment.
Importing and Exporting Offences
These offences are prohibited by section 6 of the CDSA and are also very serious. Similar to trafficking offences and depending on the type of drugs and facts of the case, an importing/exporting conviction can carry a penalty of life imprisonment.
Production Offences
These are also very serious offences and are prohibited under section 7 of the CDSA. They also carry a maximum penalty of life imprisonment depending on the Schedule the drug is in and the facts of the case.
Charter issues
The Canadian Charter of Rights & Freedoms (“Charter”) guarantees a number of basic rights to everyone, including various legal rights. The Charter, and whether a right under it has been violated, comes up on a daily basis in criminal cases across the country.
Drug cases often contain Charter issues, especially the section 8 right to be free from unreasonable search and seizure, the section 9 right not to be arbitrarily detained, and the section 10 rights to be informed of the reason for arrest and right to counsel (10 (a) and (b)).
In drug cases, the controlled substance is often found after some form of police search. A challenge to the reasonableness of the search and an application seeking to exclude the drugs/evidence is routinely made. If the evidence (drugs) is excluded, the accused stands an excellent chance of success in being acquitted of the charge.
In addition, drug cases can often involve police search warrants. A challenge to the validity of a search warrant and argument that it violated the section 8 rights of the accused is often made in what is called a Garofoli application. Such an application can be lengthy and potentially involves a number of steps including an evidentiary hearing. These applications can be complex but are often necessary in order to seek an order that any drugs or evidence obtained pursuant to the warrant be excluded.
The Importance of Seeking Legal Counsel
If you or someone you know is facing charges related to drug possession, trafficking, importing/exporting or production, it is essential to consult an experienced criminal defence lawyer. Our team of skilled Toronto criminal defence lawyers are able to assess the details of your case, provide guidance on the best course of action, and ensure your rights are protected throughout the legal process.
We offer multiple convenient locations in Toronto, Whitby, Barrie and more to serve our clients better. To begin your initial consultation and find the right criminal lawyer, please contact us at (416) 449-1400.
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- David M. Schell
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B.A.(Hons.), LL.B.
- 416-446-5096
- 416-446-5096
- david.schell@devrylaw.ca