Types of Offences
Having knowledge of and control over a controlled substance, even a small amount for personal use.
Possesion
Sentences can range from a few months in jail to life particularly for serious trafficking or production offences involving high-schedule drugs.
Imprisonment
Upon arrest or detention, police must promptly inform the individual of the reasons for the arrest and the specific offence with which they are charged.
Right to be informed of reasons for arrest and charges
The primary federal legislation governing the possession, production, and distribution of narcotics and controlled substances in Canada.
Controlled Drugs and Substances Act (CDSA)
This federal statute is relevant for drug-impaired driving offences, which are treated harshly, and for general criminal procedure and sentencing principles that apply to drug cases
Criminal Code
This encompasses manufacturing, synthesizing, cultivating, propagating, or harvesting an illegal substance.
Production
Amounts increasing for following offences.
Fines
The accused is presumed innocent until proven guilty beyond a reasonable doubt by the Crown
Presumption of Innocence
The prosecution (the government's lawyer) in a criminal case.
The Crown
Separate federal legislation that legalized and regulates the production, distribution, sale, and possession of cannabis for adults in Canada, subject to specific limits and provincial regulations.
Cannabis Act
This is a broad offence that includes selling or transporting a controlled substance.
Trafficking
Conviction results in this, which can have lifelong impacts on employment opportunities, educational pursuits, and the ability to travel internationally.
Criminal Record
The accused has the right not to be denied this without just cause.
Right to Resonable Bail
A more serious category of criminal offence that typically results in a more severe punishment, often involving longer potential prison sentences.
Indictable Offence
This act focuses on rehabilitation and reintegration, and while it holds youth accountable, it emphasizes that custody is a last resort and alternatives like extrajudicial measures are encouraged for less serious crimes.
YCJA
This involves transporting illegal substances
Importing and Exporting
Items connected to the crime, such as vehicles used for transport can be seized and confiscated by the police.
Forfeiture of Property
Section 8 of the Charter protects individuals from this. Generally, police need a judicially authorized warrant to search a person, vehicle, or home.
Protection against unreasonable search and seizure
Lists within the CDSA that categorize controlled substances based on their potential for abuse and harm, determining the severity of associated penalties
Schedules
This Act provides some legal protection to individuals who seek emergency medical help during an overdose, protecting them from charges for simple possession of a controlled substance and breaches of related pre-trial release, probation, or conditional sentence conditions
Good Samaritan Drug Overdose Act
Obtaining a prescription from a doctor without disclosing other recent acquisitions of controlled substances.
Prescription Shopping (double doctoring)
For non-Canadian citizens, a drug conviction can have serious immigration consequences, including this.
Potential Deportation
The accused has the right to speak with a lawyer privately, and to be informed of this right. Police must also provide a reasonable opportunity to exercise this right and must generally refrain from questioning the accused until they have had this opportunity.
Right to retain and instruct counsel without delay
Separate federal legislation that legalized and regulates the production, distribution, sale, and possession of cannabis for adults in Canada, subject to specific limits and provincial regulations.
Cannabis Act
Governs the circumstances under which activities with specific narcotics are permitted by authorized people like pharmacists and doctors
Narcotic Control Regulations (NCR)