Drug Lawyer Toronto

The Criminal Code prohibits people from driving while impaired by alcohol, drugs, or both. While cannabis is legal in Canada, you can still be charged with impaired driving if you have between two and five nanograms (or higher) of THC per ml of blood in your system. When alcohol and cannabis have been taken in combination, the prohibited level is 50mg or more of alcohol per 100ml of blood and 2.5 nanograms or more of THC per ml of blood.

Potential Penalties for Controlled Substances

Schedule I Substance

• If Crown proceeds by summary conviction:
  • For a first offence: Maximum fine of $1000 and a term of imprisonment not exceeding 6 months.
  • For a subsequent offence: Maximum fine of $2000 or a term of imprisonment not exceeding 1 year, or both.
• If Crown proceeds by indictment: Maximum punishment of 7 years imprisonment.

Schedule II Substance

• If Crown proceeds by summary conviction:
  • For a first offence: Maximum fine of $1000 or a term of imprisonment not exceeding 1 year, or both.
  • For a subsequent offence: Maximum fine of $2000 or a term of imprisonment not exceeding 1 year, or both.
• If Crown proceeds by indictment: Maximum punishment of 5 years less a day imprisonment.

Schedule III Substance

• If Crown proceeds by summary conviction:
  • For a first offence: Maximum fine of $1000 or a term of imprisonment not exceeding 1 year, or both.
  • For a subsequent offence: Maximum fine of $2000 or a term of imprisonment not exceeding 1 year, or both.
• If Crown proceeds by indictment: Maximum punishment of 3 years imprisonment.

In Ontario, judges commonly have Possession of a Schedule I or II Substance or Possession of a Schedule I or II Substance for the purpose of trafficking offences appearing before them.

• Factual Innocence: If the Crown is unable to prove the essential elements (such as knowledge on the part of the accused) of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
• Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
  • The right against unreasonable search and seizure;
  • The right to not be arbitrarily detained;
  • The right to be informed promptly of the reasons for arrest;
  • The right to retain and instruct counsel without delay; and
  • The right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

Lack of knowledge is a defence to a possession of trafficking charge. The Crown is required to prove that the accused had knowledge of the presence of the substance. If they fail to prove this element beyond a reasonable doubt, the offence will not be made out.

The offence of trafficking is taken more serious than possession, and has stricter penalties. Whether one is charged with possession or trafficking often comes down to the amount of drugs the accused had on his person.

The Controlled Drugs and Substances Act established eight Schedules of controlled substances. Possession of a Schedule I and Schedule II substance are the most common possession offences. Schedule I includes the most harmful drugs, such as heroin-based substances and cocaine. Schedule II focuses on marijuana, hashish and its derivatives. Schedules III-IV include other common substances such as mushrooms, ecstasy, and steroids.

Penalties for Possession range anywhere between a maximum of six months imprisonment (plus fines) to 7 years imprisonment, depending on:

• the substance possessed;
• whether it was a first or subsequent offence; and
• How the Crown proceeded (summary conviction or indictment)

Penalties for Trafficking drugs range from a maximum punishment of 1 year imprisonment up to life imprisonment, depending on:

• the substance(s) trafficked; and
• whether the Crown proceeded by summary conviction or indictment (Schedule I and II offences are straight indictable).

There are mandatory minimum sentences in place where any of the following factors are present:

• violence was used or threatened during the offence;
• a weapon was carried, used, or threatened in committing the offence;
• the accused had a previous conviction for a designated substance offence;
• the offence was committed near school grounds or a public place where people under the age of 18 frequent;
• the accused committed the offence in prison; and
• the accused used the services of someone under the age of 18;

Penalties for Production of drugs range from 1 year imprisonment to life imprisonment, depending on:

• the substance produced;
• how the Crown proceeded (summary conviction or indictment); and
• whether the substance was produced for the purpose of trafficking

The following factors are also taken into account when sentencing for the offence of Production of a Schedule I or II substance:

• the person used real property that belongs to a third party in committing the offence;
• the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;
• the production constituted a potential public safety hazard in a residential area; or
• the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.