We have represented many accused persons on drug charges over the years. The charges have ranged from simple possession of a controlled substance to multiple kilogram seizures of cocaine, marijuana, oxycodone, mushrooms, or any variety of drugs listed in The Controlled Drugs and Substances Act. We have represented persons charged with production of a controlled substance, cultivation of marijuana, conspiracy and importation of a controlled substance. Often when we are defending drug charges the police have also laid weapons charges and/or proceeds of crime charges. All drug charges are serious, including simple possession. A conviction for a simple possession charge can significantly restrict travel and employment opportunities. A conviction for more serious drug charges can result in a lengthy Provincial Jail Sentence or a Penitentiary Sentence.
We have the comprehensive knowledge of the Controlled Drugs and Substances Act necessary to prepare your defence. The five most common charges under this Act are possession of a controlled substance, possession of a controlled substance for the purpose of trafficking, production of a controlled substance, trafficking in a controlled substance, and importation of a controlled substance. The Crown often relies on expert evidence to prove their case. The expert will provide testimony as to the nature of the drug, the use of the drug, the cost of the drug, how the drug is packaged for sale, drug paraphernalia, score sheets, cell phone messages, and surveillance. We understand drug expert opinions and have the skill and experience to damage the Crown’s case through effective cross-examination at trial.
Persons are often charged with drug offences after a police search. Either their person, residence, business, or vehicle has been searched and the police have found drugs. The police may have obtained a search warrant and searched a residence. The search may also have been warrantless and done after a vehicle stop or an arrest. Any type of police search requires reasonable grounds. An arrest or detention by a police officer cannot be arbitrary. These are basic rights enshrined under section 8 and section 9 of the Canadian Charter of Rights and Freedoms. A breach of these rights can lead to an application for evidence to be excluded from a trial. We have the knowledge and experience to make a successful application of this kind in the appropriate circumstances.