Not only is it an offence to possess certain substances without legal justification, but under section 5(2) of the Controlled Drugs and Substances Act, you may be charged with possession for the purpose of trafficking if you intended to make it available to others.
Possession for the purpose of trafficking is what is known as a “hybrid offence”, meaning it can be processed either as a summary or indictable offence.
A summary offence is generally considered less serious and will be heard by a Provincial Court Judge, while indictable offences are considered to be more serious and generally attract higher punishments. How the Crown will proceed will depend on a number of circumstances, including what “schedule” the substance belongs to.
When You Are First Charged
If you have a prior conviction for a drug-related offence, you may be formally arrested and taken into police custody. Depending on the circumstances, such as if this is your first encounter with the justice system, you may be given an Appearance Notice or Promise to Appear by police without being formally arrested.
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 possessing non-prescribed drugs, not attending a certain address (such as where the alleged offence occurred) and refraining from contacting witnesses or other co-accused.
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 very important that you keep all documents that the police give to you as they contain important information. These papers will tell you exactly what you have been charged with, and when and where your first court date is. 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 possession for the purpose of trafficking, it is important to call us right away at 780-686-7948. A criminal conviction 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.
Drug possession for the purpose of trafficking can be a frightening and challenging charge to face. Mr. Rory Ziv will assess the case against you and will work with you to obtain the best possible result, whether that is a reduction at sentencing if convicted, a withdrawal of the charge, or even a full acquittal at trial.
Knowing Your Rights
Drug offences often result from police searches, such as a pat-down during arrest or a search of your vehicle. 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