Drug Charge Lawyers

The standard of proof to secure a warrant to search most often is one of reasonable and probable grounds. However, there are some warrant provisions that only require a reasonable suspicion to execute certain warrants. As a last resort, police officers can apply for a wiretap, but this application must be made in a superior court and the police must establish reasonable and probable grounds and that all other reasonable investigative techniques have not been successful. The police also use tracking devices in vehicles, dial number recorders, production orders for bank and other records, review person subscriber information, conduct covert surveillance, use infrared technology in marijuana cultivation cases, and aerial surveillance to investigate narcotics possessions and trafficking.

In sophisticated drug investigations, police officers may also apply for video and audio monitoring in buildings or vehicles.

You can win a drug charge. The onus of the Crown is proof beyond a reasonable doubt that you were in possession of a narcotic.  The police may allege that you knew that there were in a residence or a motor vehicle.  There are several facts that the Crown must prove to convict you of a possession charge.

An illegal drug search occurs when the police lack reasonable and probable grounds to search a person, vehicle, or a residence or any other place. The police must have reasonable and probable grounds to believe that a person who is being detained or arrested that they have committed a criminal or drug offence and that a search would reveal evidence that you committed a narcotics or drug offence. The police may conduct a warrantless search (a search without a warrant) and the onus of the prosecutor would be to satisfy the Court that the police conducted a lawful search.  If the police go before a judge and obtain a search warrant, they have authority to search a person, vehicle, residence or any other place authorized on the search warrant. If you are opposing the admission of the evidence as a result of a search warrant, you have the onus to establish that the issuing judge should not have authorized the warrant.

Penalties for drug possession or trafficking are subject to the provisions of the Controlled Drugs and Substances Act, the Criminal Code of Canada and the classification and penalties schedules. The drugs are classified in accordance with five schedules. Some offences may be summary conviction only, hybrid (where the Crown can proceed by summary conviction or by indictment). or strictly indictable. For possession of a narcotic, an offender may be diverted wherein they are placed on probation and may be directed to perform community service or take counselling. Once they have completed the program, their charges are withdrawn, and they face no criminal record.

If an accused person is found guilty or pleads guilty, they may receive an absolute discharge, and receive no probation or be placed on probation (conditional discharge). Both charges include a finding of guilt, but the Court does not impose a criminal record.

The Court may also place a person on probation only but impose a criminal record (suspended sentence) or impose a fine or incarceration.

More serious narcotics possession and trafficking offences include mandatory prison sentences and depending on the type of drug could have a 6-month, 12-month or a 24-month minimum. Some offences carry a maximum sentence of up to life imprisonment.

If you are convicted of even a minor drug offence or even receive a conditional discharge, you will automatically be deemed to be inadmissible in the US. To travel to the US, you will have to apply for a US Travel Waiver through Homeland Security. The US authorities will have to be satisfied that you have fully rehabilitated before they will grant the travel waiver.

There are other countries which do allow travel, but there is no uniform policy and the rules of admission vary from country to country.

Simple possession of a controlled substance or drug is an offence where the possession of the drug is unlawful, but it is for personal use.  Possession for the purpose of trafficking is possession where there is a commercial aspect to distributing narcotics.  Proof of this offence may include the amount of drugs seized that far exceeds personal use, proof of trafficking with scales, score (debt sheets), buff or diluting agents, and packaging materials consistent with distributing narcotics.

If you are convicted of narcotic possession or trafficking in narcotics, you will likely receive a criminal record unless you have received Alternative Measures or a discharge. Otherwise, you will receive a criminal record for narcotics offences. Acquiring a record suspension (previously known as a pardon) is difficult to obtain and, if granted, requires a five-year waiting period after completion of a summary conviction sentence or ten years for an indictable offence.

In some cases, you may be eligible for a conditional sentence.  This is a jail sentence that is served in the community.  This sentence allows you to continue with employment while being on strict conditions like house arrest or a curfew.

The existence of a criminal record may result in denial of employment with government, corporations, and certain professions regulated under provincial statutes. Your application for citizenship could be denied, and you could be deported under immigration rules and statutes if you are not a Canadian citizen. Entry into a foreign country, such as the USA, is highly unlikely. The only way to gain entry to the United States is to apply for a US Travel Waiver through the US authorities, which is difficult to obtain and not routinely granted.