Drug Offences
Canada Cannabis Laws: Know Your Rights!
Is cannabis legal in Canada? Cannabis has been decriminalized in Canada. This means that possession, use, and distribution are permitted to a certain extent. Possession, use, and distribution while permitted, are heavily regulated and safeguarded in Canada. Cannabis was officially decriminalized in Canada in 2018. Possession, use, and distribution of cannabis is not unfettered and is regulated under the Cannabis Act SC 2018 ...
Drug Trafficking (s.5 of the CDSA) Charges in Canada: Offences, Defences, Punishments
What is drug trafficking in Canada? Drug trafficking offences are covered under s.5 of the Controlled Drugs and Substances Act (“CDSA”). Under s.5(1) of the CDSA, it is an offence to traffic in a substance included in Schedule I, II, III, IV, or V. However, s.5(2) of the CDSA makes it a crime to possess such substances for the purpose of trafficking. Drug ...
A criminal defence lawyer’s top 5 tips for fighting drug charges
If you have been charged with a drug offence, the most important thing you can do is exercise your right to silence. The police will likely ask you questions or request that you provide a statement that will assist them in their investigation. Because any information you give them can potentially be used against you, it is vital that you stay silent and immediately ...
How can I get my drug charges dropped?
Depending on the nature of the charges that you are facing, and depending on your personal circumstances, you may be able to get your drug charges withdrawn and completely avoid a criminal record through a diversion program. If this is your first or second offence and you have been charged with a minor drug offence like possession of marijuana, you may be eligible for ...
What are the best defences to a drug charge?
The best defences to a drug charge will depend on the particular circumstances of your case. However, some common issues that may provide you with a defence to your charge include: You Did Not Consent To, Have Knowledge Of, or Control Over The Drug One of the best ways to defeat a drug charge is to show that you did not consent to, have ...
What is drug production?
The CDSA prohibits the production of drugs included in Schedule I, II, III, or IV, and heavily punishes anyone caught producing drugs or anyone who is knowingly in the possession of materials for the purpose of producing drugs. Producing any of the prohibited drugs by any method or process, whether it is manufacturing, synthesizing, cultivating or harvesting, will be considered drug production. The Penalty ...
What is drug importing?
In accordance with the CDSA, it is a criminal offence to import or export drugs listed in Schedule I, II, III, IV, V, or VI into or from Canada. It is similarly an offence to possess any of these drugs for the purposes of importing or exporting them. In order for the Crown Prosecutor to prove that you are guilty of this offence, they ...
What is possession for the purposes of trafficking?
Drug trafficking is when an individual is in possession of drugs for the purpose of selling, giving, transporting, sending, or delivering them, or offering to do any of the above. It is important to note that trafficking a substance that is not a drug, but that is held out to be a drug, is also an offence that is punishable in the same way as ...
