When you find yourself in the midst of drug charges, the initial step is to consult with a seasoned lawyer to ensure you make informed decisions. It’s paramount not to jeopardize your future by entering a guilty plea without the benefit of legal advice.

Contact us today to explore your options.

The Crown Attorney must prove that the item in question involved in a drug possession case is indeed an illegal drug according to the definition set by the Controlled Drugs and Substances Act. Without a medical exemption, the following drugs are illegal in Canada: cocaine, crystal meth, ecstasy, GHB, hashish, heroin, ketamine, LSD, magic mushrooms,, opium and more.

A testimony from a police officer saying that something looked like an illegal drug is not enough. The alleged illegal substance has to be proven by the Crown and entered into evidence with a “Certificate of Analysis” by an analyst from Health Canada after testing. If the Crown Attorney forgets to enter the drug certificate into evidence, the drug case may result in an acquittal. Know that the Crown Attorney must likewise prove that the individual charged with a case was truly possessing the illicit drug.

The Crown needs to prove two things to prove drug possession.

(1) is that the individual should know what the item is and

(2) the individual must have control over it to some extent.

Being found guilty of drug possession in Canada does not require actual ownership of the item.

The Crown is required to prove that a person charged with drug possession has some control over the drug even after it was already proved that they have knowledge of the illicit drug.

Yes. Joint possession of an illicit drug is possible when one of two or more persons has possession of a drug with the consent and knowledge of the others.

What differentiates constructive possession from joint possession is that joint possession requires only consent that someone controls the illegal drug. In contrast, constructive possession requires that a person has some level of control over the item in question.

As proven by evidence, if someone permitted another individual to hide illegal drugs in their bag or apartment, that person can be found guilty of joint drug possession.

One of the most common issues in a drug case trial is whether the police obtained the evidence legally or illegally according to constitutional standards. Even if the Crown can prove that the item is indeed an illegal drug and establish that the accused has possession of the illegal substance, an illegal search is unconstitutional in Canada.

Canadian citizens are protected against unreasonable police searches and detention no matter who they are. Evidence cannot be used to prove allegations against an individual. When the police have obtained evidence by violating a person’s constitutional rights, the Court may not admit the evidence for the trial. The accused’s lawyer can bring this up to the judge as a “Charter Challenge,” referring to the constitutional protections stated in the Canadian Charter of Rights and Freedoms.

Calvin Barry is a Toronto drug possession lawyer who can successfully argue Charter Challenges to exclude illegally obtained pieces of evidence from drug cases. This is an effective defence for scenarios wherein the police did not have a valid reason to perform a search that resulted in the discovery of illegal drugs.

Our rights are shielded against unreasonable search and seizure. If you suspect that the police have conducted an unlawful search of your property, it’s imperative to reach out to a legal professional without delay. Our experienced defence lawyers can assess your situation and may file a Charter of Rights application to exclude any evidence obtained unlawfully. Schedule a meeting with us for a thorough review of your case.

It is possible to challenge the reason for issuing a warrant even when the police carried a valid search warrant issued by a judge to search a location where drugs were found. If a review uncovers that the original warrant was obtained with the presentation of inaccurate and unreliable information, that warrant can be ruled invalid. Evidence secured with an invalid warrant may be excluded as evidence in a trial, and as a result, the case may result in a “not guilty” verdict.

These defenses could range from challenging the legality of a search warrant to demonstrating a lack of knowledge about the substance in question. To navigate this complex legal landscape effectively, it is imperative that you initiate a conversation with seasoned experts who can guide you through the intricacies of your specific case and formulate a customized defense strategy. Reach out to us and  initiate a conversation with our experts.

Someone charged with possession of a narcotic for trafficking must be proven by the Crown that the person was indeed in possession of the drug and that the found item is illegal. In addition to this, the Crown must prove that the person found in possession of the drugs intends to give or sell the drugs to other individuals.

A person possessing illegal drugs has the drugs, but any intent to see or distribute either cannot be proven or has no basis.

The type of sentence that a judge may give for drug possession charges can vary because of many factors. Generally, the considerations taken by the Court include:

• The quantity of the drug.
• The reason for the possession of the drug.
• The type of drug involved.

Generally speaking, drug addicts are treated with more leniency by the Court than individuals who are alleged to be possessing or trafficking drugs for financial gain.

Each sentence is specific to the details of the case and requires an in-depth assessment of the circumstances involved to ensure that appropriate penalties are given. Usually, individuals found to be in possession of ‘soft drugs’ such as hashish or marijuana are less likely to get a jail sentence than individuals found to be in possession of ‘hard drugs’ such as heroin and cocaine. Individuals who were found to be in possession of huge quantities of drugs can end up facing multiple years of jail time.

Know that someone with a minor drug charge can avoid having a criminal record or have the drug charges against them withdrawn with the help of an experienced defence lawyer.

At the present time, courts in Canada are required to impose minimum imprisonment sentences for some drug charges in Canada. Contact us at Calvin Barry Professional Corporation if you have specific questions about this, and we will be happy to answer them for you.

A criminal record can be a life-altering consequence, impacting various facets of your life, from employment prospects to travel opportunities. However, it’s crucial to recognize that alternatives to a criminal record may be available. Start a dialogue with us to discover the pathways available to you..

Importation charges are exceptionally serious and often involve complex cross-border issues. When facing such allegations, it’s imperative to secure a robust defense. If you’re facing importation charges, contact us immediately to secure the legal help you need.

The duration and complexity of a drug-related case can vary greatly based on the specifics of the charge and the defence strategy employed. Navigating the legal process can be daunting, but you don’t have to do it alone. For a comprehensive breakdown and to ensure you’re well-prepared at every stage, embark on this journey with our seasoned legal team.

The implications of a drug charge can extend far beyond the courtroom, potentially affecting your employment, travel, and personal life. It’s essential to address these charges with a strategic defence. To understand the full scope of how a charge might affect you and to mitigate these impacts, let us pave the way to a clearer future.