Differences Between Drug Charges in Toronto, Ontario
The CDSA governs drug charges in Canada. The penalties and seriousness of the allegations depend on the type of substance allegedly involved and the action taken. Generally speaking, heroin, cocaine, and methamphetamines will lead to the lengthiest of sentences.
Importing is regarded as the most serious offence, followed by trafficking and possessing drugs for the purpose of trafficking.
New amendments to the CDSA came into force in November of 2012 that demonstrate the government’s tough on crime agenda. Trafficking that involves a youth or that occurs for the benefit of a criminal organization now attracts minimum prison sentences (even if it is marijuana). Importing cocaine and heroin now attract one or two-year minimum sentences depending on the weight of the alleged importation. All drug offences should be treated seriously. Even a conviction for simple possession of marijuana can impede a person’s ability to travel to the United States.
What Types of Drug Offences Do We Defend?
We defend against all drug charges or drug offences. We have successfully defended against everything from the most basic marijuana possession charge to severe cocaine trafficking charges.
What is the Best Defence to a Drug Charge?
We will consider your case carefully, conduct case-specific research, and closely examine the allegations, as well as spend considerable time discussing the allegations with his clients and doing field research. Our goal is to find the best defence for your drug charge or drug offence.
Our own Adam Weisberg successfully defended a cocaine possession for the purpose of trafficking case by attacking the police conduct and use of their Taser weapons. The charges were dismissed due to violations of the accused’s Charter Rights since the police were found to be not credible and have used their Taser weapons in a cruel and unusual manner. Mr. Weisberg also recently obtained an acquittal for a man accused of possessing two kilograms of cocaine (estimated bulk worth $50,000) because a reasonable doubt was raised as to whether or not there was a police conspiracy.
The Charter of Rights and Freedoms
The best defence in a drug charge case is often the Charter where the prosecution is able to establish possession of the drugs. A capable lawyer will be able to analyze the case to determine if there were violations of the Charter that could potentially lead to an acquittal. In complex drug offence cases, there are often search warrants and wiretap authorizations used by the police. If a Charter violation can be demonstrated, it may be possible to have drug charges dismissed depending on the seriousness of the violation.
If you or a friend is facing drug charges, contact Adam Weisberg to discuss your case and determine the best defence.