The Controlled Drugs and Substances Act prohibits the possession of certain substances without legal justification. The Act categorizes these substances into five “schedules”.
You may be charged under s 4(1) CDSA if you are in the possession of substances found in schedules I, II and III. Examples include cocaine, GHB, psilocybin (often referred to as “magic mushrooms”) and LSD.
The term “possession” refers to a number of circumstances. You may be charged for physically possessing the substance on your person, such as if you were carrying a baggie of cocaine in your pocket or purse.
You can also be charged if, instead of carrying the baggie yourself, you instead put it in your friends bag. You may also be charged even if you are not keeping the substance in your own home. For example, you may be charged if you are storing the substance at your friend’s apartment.
Drug possession can be prosecuted in two ways: through indictment or summary conviction. This is a decision made by the Crown Prosecutor. Their decision will influence the possible sentences available if you are convicted.
A summary offence is generally considered less serious and will be heard by a Provincial Court Judge. Alternatively, indicatable offences are considered to be more serious and generally attract higher punishments.
When You Are First Charged
When you are charged you may be given an Appearance Notice or Promise to Appear without being formally arrested. If you have a prior conviction for a drug-related offence, you may be formally arrested and taken into police custody. In some situations, you may be detained and require a Bail Hearing. In this case, a Justice decides whether you should be released prior to trial, and what conditions you must follow.
Whether you are released with a Promise to Appear, or following a bail hearing, you will likely be required to follow certain conditions. Examples include not attending a certain address (such as where the alleged offence occurred), refraining from contacting witnesses or other co-accused, and from not possessing non-prescribed drugs.
If you do not follow the conditions, you could face additional charges. You may also be required to attend a police station to provide fingerprints. Failing to do so by the specified date will likely result in another charge.
It is important to retain all documents that the police provide to you. These papers will tell you when your first court date is, and which Courthouse you need to attend at. Usually, this will correspond to the same city or town in which you were charged, although sometimes smaller communities do not have a Courthouse and you may need to attend Court in a neighbouring community.
What You Can Expect
If you have been charged with drug possession, it is important to call us right away at 780-686-7948. A conviction for drug possession can result in a number of consequences and challenges. You will likely face difficulties, and even be prohibited, from entering certain countries, even to vacation. You may also face challenges in obtaining or retaining your employment. And if you are not a Canadian citizen, you may face additional immigration consequences.
While facing a drug possession charge can be both intimidating and challenging, Mr. Ziv will assess the case against you and will work with you to obtain the best possible result, whether that is a withdraw of the charge, a reduction at sentencing or even a full acquittal at trial.
Knowing Your Rights
Often, offences related to controlled substances result from police searches, such as a pat-down during arrest. While police officers do have limited powers of search, you also have rights protected by the Canadian Charter of Rights and Freedoms. If your rights have been violated, Mr. Ziv will work with you to get the appropriate remedy for this violation, which may include having the charges against you dismissed.
Sentencing
Sentencing is unique, and takes into a number of factors, including your whether you have a record and what substance you possessed. With that said, possible sentences include:
- Jail
- Fines
- Probation
- Discharge