What Are The Potential Defences For Drug Offences?
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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.
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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.
