DRUG OFFENCES (Possession for the purpose, Trafficking)
In Canada there are many types of drug offence these are found in the Controlled Drugs and Substances Act (C.D.S.A). The majority of offences that people are often charged with are ‘Possession’ and or ‘Trafficking’. To understand what these offence are below is a definition:
POSSESSION
- A person is in possession of something when it is in their personal possession of knowingly:
- has it in the actual possession or custody of another person, or
- has it in a place, whether or not that place belongs to or is occupied by them, for the use or benefit of himself or of another person; and,
- Where one of two or more persons, with the knowledge and consent of the rest has anything in their custody or possession, it shall be deemed to be in custody and possession of each and all of them.
TRAFFICKING
- to sell, administer, give, transfer, transport, send or deliver the substance
- to sell an authorization to obtain the substance, or
- to offer to do anything mentioned in a) or b) above, otherwise than under the authority of the regulations.
At Goodman Berman, Barristers, we vigorously defend people charged with these offences. There are many defences available to an accused such as the following:
- Did you know that the substances were in fact a drug?
- If you knew it was a drug were you in possession of it?
- Were you in control of the substance?
- Was that control you had forced?
- Was there any charter violations with the way the police dealt with you?
- Were you detained and not read your rights?
Each case is unique and brings with it its own set of individual facts, and the lawyers at Goodman Berman, Barristers will analyze your case and inform you of your rights.