Drug offence charges are a serious matter and must be dealt with as such. Drug offences are found in the Controlled Drugs and Substances Act (CDSA). Drug offences include: Trafficking, Possession, Possession for the Purpose of Trafficking, Importation or Conspiracy to Traffic Drugs. It is not uncommon to be charged with multiple charges under the CDSA.
Most CDSA charges are Hybrid Offence. Meaning that where a Defendant is charged with an offence under the CDSA, the Crown Attorney can elect to proceed either Summarily or Indictable. The Crown Attorney makes the election, between Summarily and Indictable, early in the proceeding; if the Crown Attorney does not elect, then they are presumed to have elected Indictable. Depending on the election, the accused may face significant incarceration if found guilty.
The more serious CDSA offences are straight Indictable and if convicted, they carry significant prison sentences. The sentencing ranges vary from no minimum to a minimum of two years, and a maximum of 6 months to a maximum of life in prison.
Noting the above, not everyone that is charged with an offence is found guilty. The Crown Attorney has the burden of proving all the elements of the offence beyond a reasonable doubt.
A lawyer can help secure your freedom.
There are several defenses against a CDSA charges. A Lawyer may also challenge the Crown Attorney’s case. A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.
A lawyer can help secure a lesser sentence.
If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing. The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada. A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.
The law is vast and complex. I can help!
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