Notable recent results:

  • Over a pound of marijuana seized from trunk of vehicle - arrested following a drug buy by multiple cruisers - convinced Crown Attorney to proceed on personal possession (less than 30g) - Result: Non Conviction - Discharged
     
  • Arrest following a drug bust in a drug house by SWAT/ETF with a meth-lab in the basement - Charged with Possession for the Purposes of Trafficking - Result: Charges Withdrawn
     
  • Arrested with an extremely large quantity of Crystal Meth and illegal weapons in his possession - faced trafficking and multiple weapons charges - Crown Attorney seeking multiple years in jail - Result: No Jail
     
  • Pulled over with a significant quantity of MDMA in his possession in his vehicle - Result: Non Conviction - Discharge

*Results may vary. Consult a lawyer if you have questions as each case is different and is adjudicated on its merits.
 
With a new majority Federal Liberal government that has pledged to review mandatory minimum sentencing, the future of drug sentencing may change drastically. For the moment however, drug investigations often lead to multiple charges being laid spanning many acts, including the Criminal Code, the Controlled Drug and Substances Act, as well as potentially other quasi-criminal legislation based on the totality of the evidence. PSV LAW provides our clients with our significant legal experience in navigating the ever-expanding range of drug offences, some of which is still under appeal to this very day. With multiple drug Project cases completed involving dozens of accused across many jurisdictions, Paul V., Barrister and Solicitor, has handled a wide range of drug allegations and has the knowledge of how to avoid Federal minimum sentencing where possible. 

Drug Offences and Schedules

Some of the various drug offences include possession of drugs; possession for the purposes of trafficking (P4P); production of drugs and drug importing & exporting.

Schedule I

Schedule I substances such as cocaine, heroin, methamphetamine, etc., and drugs being moved from Schedule III including ecstasy, ghb and rohypnol all carry a two year mandatory minimum sentence for their production. Though simple trafficking and possession for the purposes of trafficking do not carry a blanket mandatory minimum sentence, aggravating factors can influence sentencing greatly, placing either a 1 year or a 2 year mandatory minimum under the following conditions:

1 year mandatory minimum -  aggravating factors include offences committed

  • for the benefit of, at the direction of, or in association with a criminal organization;
  • involving use or threat of violence;
  • involving use or threat of use of weapons;
  • by someone who was previously convicted of a designated drug offence or had served a term of imprisonment for a designated substance offence within the previous 10 years; and,
  • through the abuse of authority or position or by abusing access to restricted area to commit the offence of importation/exportation and possession to export.

2 year mandatory minimum - aggravating factors include offences committed

  • in or near a school, on or near school grounds, or in or near an area normally frequented by persons under the age of 18;
  • in a prison;
  • using the services of, or involving, a person under 18;
  • in relation to a youth (e.g. selling to a youth).

Schedule II

Schedule II drugs, such as marijuana (or 'marihuana', as per the Government of Canada), carry significantly reduced penalties compared to the Schedule I counterparts, however aggravating factors exist which can influence the length of the Crown position: a charge of production of 6-200 marijuana plants carries a mandatory minimum of 6 months, with 201-500 plants carrying a sentence of 1 year, and 501+ plants carrying a 2 year mandatory minimum, unless the offence is committed for the purposes of trafficking which increases the penalty to a maximum of 14 years imprisonment. If the same above aggravating factors from the Schedule I table are present for charges of simple possession or possession for the purposes of trafficking, then the mandatory minimum is increased to 1 year and 2 years respectively as long as the offence involved more than 3 kg of cannabis marijuana or cannabis resin.

Defences

There are many potential defences to an arrest for a drug offence. If a search warrant was executed then the validity of the warrant may be addressed. Garofoli applications can be argued as a defence motion to exclude evidence collected under a search warrant. It is important to note that a warrant is presumed valid and the applicant bears the burden to establish that there was insufficient basis for issuing the warrant. Searches of premises, of an individual or of a vehicle may also be questioned on Constitutional grounds, including Charter of Rights and Freedoms applications most frequently pursued under Sections 7 to 12. Other defences are charge-specific: possession-based offences, for example, require both knowledge and control of a substance to be proven beyond a reasonable doubt. Trafficking offences to undercover police officers may also be defended by arguing entrapment.