There are generally five classifications for Drug offences:
- Possession
- Possession for the purpose of trafficking;
- Trafficking.
- Production and
- Importing
Common types of drugs people are charged with;
- Marijuana
- Cocaine
- Hashish
- Heroin
Each drug has been categorized into one of the eight Schedules in the Controlled Drugs and Substance Act, which is Canada’s federal drug control statute. The Federal Department of Justice generally prosecutes drug offences under the Act.
The severity of the charge depends on the type of drug that is involved. The trend in Canada has been to treat drug charges quite seriously since the use and selling of drugs are considered to be a societal problem that can destroy lives.
We work aggressively to insure that your rights are not breached or otherwise compromised at any point during the legal process. Most drug cases involve issues regarding the Charter of Rights & Freedoms. We will be able to identify any violation of rights that occurs during search and seizure, arrest, interrogation, the subsequent collection of evidence, or any other instance of rights violations.
Possible Defences
- Possession – The Prosecutor must establish that the drugs were in your possession or in your control/knowledge
- Type of Drug – The Crown must prove the drugs have been tested by an analyst and it was in fact a controlled drug
- Search Issues- Often there are grounds to argue, the police may have conducted an illegal search of your body, car or home