There are typically five categories that a drug offense falls under: trafficking, possession, possession with the intent to traffic, production and importing. There are various types of illegal drugs, which include heroin, cocaine, marijuana, hashish, ecstasy, among others. The drugs fall into one of eight Schedules in the Controlled Drugs and Substance Act. Drug offenses are typically prosecuted by the Federal Department of Public Prosecutions.
The severity of the drug charge will always depend of the type of drug that was involved. Some drug charges in Canada are not as serious as others; but Canada takes drug charges seriously due to their potential to destroy lives and cause social problems.
When you hire the Law Office of Kalina & Tejpal to take on your drug case, we will work aggressively – and tirelessly – to ensure your rights are not breached or compromised at any time. Many drug cases are centered on issues that involve the Canadian Charter of Rights & Freedoms. As your lawyer, we are able to determine if your rights have been violated at any time, including the time of arrest, during the search and seizure process, when you were interrogated, or when evidence was collected, amongst other instances.
Our experience, knowledge and expertise will be dedicated to your defense, ensuring that we protect your legal rights.
- Possession – The prosecutor will need to establish that the drugs were in fact in your possession and that you knew they were in your possession.
- Type of Drug – The type of drugs that were allegedly within your possession must be proven and tested by an analyst and brought before the courts.
Search Issues – Sometimes police conduct illegal searches on an individual’s body, home, car, or other personal property. The Court may disallow the evidence to be used against you.