Aug 19
The criminal lawyers at Lockyer Zaduk Zeeh have extensive experience successfully defending against all types of drug charges including possession, possession for the purpose, trafficking, and importing. If you or someone you know has been charged with a drug-related offence, you should contact us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
The Controlled Drugs and Substances Act outlines which drugs are illegal (such as cocaine, heroin, and fentanyl) and the types of offences, while the Cannabis Act deals with the regulations of marijuana and different types of offending behaviour. There are four main offences: possession, possession for the purpose, trafficking, and importing.
A possession charge means you are found with drugs that is consistent with personal use. If it is your first time facing a possession charge (such as under 30 grams of marijuana), you may be eligible for a diversion program.
Possession for the purpose means that you are in possession of an unlawful substance for the purpose of trafficking. This usually means you are in possession of a large amount of an illegal substance which is inconsistent with personal use (i.e. you intend to sell the drugs). While trafficking means you sold drugs to someone or in many cases an undercover officer. Importation is when you enter Canada in possession of an illegal substance.
How do I Beat my Drug Charge?
To be found guilty, the Crown must prove your guilty beyond a reasonable doubt. The Crown must always prove the nature of the substance and possession of the substance. To prove possession, the Crown must show that you had knowledge and control of the substance. When charged with possession of the purpose, the Crown must also prove that the possession was for the purpose of trafficking.
Even if the Crown proves the necessary elements of the offence, you can still win your case by invoking the Charter of Rights and Freedoms. Many drug cases involve ss. 8 (unlawful search), 9 (arbitrary detention), and 10(b) (right to counsel) issues. If your Charter Rights are breached, the drugs seized during a search may be excluded, or the search warrant quashed.
Toronto Search Warrant Lawyers
Search warrants are judicial authorizations which allow the police to search a specific place. The Criminal Code of Canada outlines several types of search warrants which a police officer can apply for. Each type of search warrant has a specific standard which the police must meet before the issuing justice can lawfully issue the warrant.
Once a search warrant is authorized, it allows the police to conduct a search pursuant to the terms outlined in the search warrant.
The lawyers at Lockyer Zaduk Zeeh have a wealth of experience representing people that were the target of a search warrant. This includes searches of homes, vehicles, and wiretap investigations. If you or someone you know has been charged because of a search warrant, please give us a call at 416-613-0416 to schedule a consultation.
