The courts view all drug offences from simple possession to trafficking as serious matters. In Ottawa, criminal courts dedicate an entire day, once per week to drug prosecutions.
Drug Offences and Other Drug Related Charges
For simple possession charges on first time offenders, the starting Crown position is typically a suspended sentence. This means that upon conviction, the accused would have a criminal record. Despite the starting Crown position, with proper preparation and adequate collaterals, we are often able to spare the offender a criminal record. With more serious offences, such as trafficking, the Ontario Court of Appeal has held that the appropriate range for a first time drug trafficker is between 6 months and 2 years of jail. Proper legal representation will pursue avenues to reduce or mitigate sentences.
Often the Crown case rests upon illegal actions by the Police, such as an illegal search or unlawful detention. While these Charter breaches may or may not lead to exclusion of the evidence, they are often useful as leverage in plea discussions. Failing that, a Charter motion can be filed and the issue decided by the Court.
We have extensive experience in defending drug related charges. If you have been charged with a drug related offence unfed the Controlled Drugs and Substances Act, contact us immediately.