TORONTO DRUG LAWYER FARJOUD LAW
Toronto Drug Charges Lawyer, Arman Farjoud has successfully defended clients accused of serious criminal offences in relation to various drug-related charges. Criminal charges stemming from drug-related offences, such as conspiracy, possession, trafficking and other offences carry severe consequences. If you or someone you know has been charged with drug-related criminal offences, the assistance of a dedicated criminal lawyer will be absolutely essential.
DRUG CHARGES IN CANADA
TYPES OF DRUG OFFENCES
The following is a list of common drug offences under the CDSA:
Possession
Possession for the Purpose of Trafficking
Trafficking
Importing / Exporting
Production / Manufacture
CDSA SCHEDULES
The following is a list of schedules and substances under the CDSA:
Schedule I substances consist of hard street drugs such as opium, cocaine, heroin, ecstasy, MDMA, GHB, oxycodone, other forms of opiate derivatives, and more
Schedule II substances includes marijuana and its various derivatives.
Schedule III substances include LSD, DMT, Mescaline, and more
Schedule IV substances include anabolic steroids, benzodiazepines, such as diazepam, valium, and more.
DRUG POSSESSION
Possession of a scheduled drug or substance is illegal. The Controlled Drugs and Substances Act (CDSA) prohibits possession as follows:
4(1)Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
TYPES OF POSSESSION
A Crown Attorney (prosecutor) can prove a drug possession charge by establishing that a person is in possession of a drug through one of three types of possession:
1. Actual Possession
(i) has it in the actual possession or custody of another person, or
2. Constructive Possession
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
3. Joint Possession
(iii) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
ELEMENTS OF POSSESSION
1. Knowledge
Possession cannot be proven without knowledge of the illegal nature of the substance. Physical possession of a drug may not be enough to make out an offence of possession.
Example: police find cocaine in a bag that belongs to a friend and the person holding the bag has no knowledge of its contents.
2. Control
Physical control of the item or at least some degree of control over the location of the item is required to establish possession.
Example: drugs found in a storage locker and the owner has a locker key in his possession exercising control over locker.
3. Consent
Requires a person to consent to the presence of an object whether in their own, or someone else’s physical possession. A person who discovers a drug and spends time in custody of it may be found to consent to its possession – even while debating what to do with the item.
Example: parent finds marijuana in child’s room and decides to confront the child the next day.
DRUG POSSESSION FOR THE PURPOSE OF TRAFFICKING
The CDSA prohibits possession for the purpose of trafficking:
5 (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
To establish the guilt of an accused for a charge of possession for the purpose of trafficking, the Crown must prove the following essential elements beyond a reasonable doubt:
time, date, identity of accused, and jurisdiction
the accused was inpossession of an illegal drug or substance;
the accused knew he was in possession of an illegal drug (knowledge of illegal nature of the drug);
the accused had possession of an illegal drug or substance for the purpose of trafficking in it – intended to traffick the substance
the accused was not authorized to possess the substance
the drug is a controlled drug under the CDSA
DRUG TRAFFICKING
The CDSA prohibits trafficking as follows:
5 (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
The CDSA defines trafficking as follows:
(1) “traffic” means, in respect of a substance included in any of Schedules I to IV,
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.
To establish the guilt of an accused for a charge of trafficking, the Crown must prove the following essential elements beyond a reasonable doubt:
time, date, identity of accused, and jurisdiction
the accused was trafficking in a substance
the substance of a scheduled substance under the CDSA
DRUG IMPORTING / EXPORTING
The Controlled Drugs and Substances Act (CDSA) prohibits importation/exportations as follows:
(1)Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
The word import means to bring into the country or to cause to be brought into the country. The offence is complete when the items enter the country-not when the accused takes possession of delivery.
DRUG PRODUCTION / MANUFACTURING
The Controlled Drugs and Substances Act (CDSA) prohibits production as follows:
(1)Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
The Controlled Drugs and Substances Act (CDSA) defines production as follows:
2 (1) “produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes offer to produce
