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Drug Offences: Trafficking, Possession, and Importation of Controlled Substances
R. v. S.D. (Ontario Court of Justice)
Brampton
Charges: Possession of Cocaine for the Purpose of Trafficking.
Allegations: Police observe suspicious activity in a well known area
for drug trafficking and prostitution and investigate male.
Upon investigation, police find 3 grams of cocaine.
Result: All charges withdrawn after accused completes community
service hours.
R. v. R.D (Owen Sound): Charges: Possession of Marijuana.
Allegations: Friends attend up north for camping trip and polcie
discover substantial amount of marijuana in the vehicle and on their
person.
Result: Charges withdrawn upon completion of community
service hours.
R. v. A.M. (Ontario Court of Justice)
Toronto
Charges: Possession of Marijuana
Allegations: University graduate caught with a small amount of
marijuana.
Result: All charges withdrawn.
R. v. C. (South West Ontario):
Charges: Possession of Loaded Restricted
Firearm x 2, Careless Storage of Ammunition, Possession of a
Controlled Substance for the Purpose of Trafficking, Production of
Marijuana, Possession of a Prohibited Weapon, Possession of Proceeds
of Crime, etc.
Allegations: Major police undercover project on
various figures throughout the GTA allegedly uncovers conspiracies
to import drugs into Canada vis a vis Mexican nationals. Warrants
are executed throughout the golden horseshoe. Upon search of AC's
residence, police allegedly discover firearms, cocaine, MDMA, a grow
operation in the basement, weapons, a large amount of currency, etc.
Result: After many months of being before
courts and various proceedings and constitutional motions, the
prosecutor agrees to accept a guilty plea to the drug related
offences of cultivation and possession of a controlled substance for
the purpose of trafficking and proceeds. Firearms and other
offences withdrawn. Client receives an 8 month conditional
sentence: 4 months house arrest with exceptions for work and school,
the remaining 4 months to be served under a curfew. All remaining
counts against him and two family members were withdrawn.
R. v. N.S. (Ontario Court of Justice)
Toronto
Charges: Possession of Marijuana, Fail to Comply with
Recognizance, Criminal Harassment, etc..
Allegations: Police investigate accused on allegations of criminal
harassment, mischief, and breaching bail allegations. Upon
arrest, police allege have found marijuana.
Result: All charges withdrawn (client enters into peacebond)
R. v. S.H. (Ontario Court of Justice)
Oshawa
Charges: Possession of Cocaine For the Purpose of Trafficking,
Possession of Marijuana For the Purpose of Trafficking, Careless
Storage of Firearms, Weapons Dangerous (handgun), Possession of a
Loaded Prohibited Weapon, Possession of a Prohibited Weapon,
Allegations: Police execute warrant at home upon confidential
informant tip and find large amounts of cocaine, marijuana, and a
firearm.
Result: All charges withdrawn.
R. v. R.R. (Ontario Court of
Justice/Superior Court of Justice) Oshawa
Charges: Possession of Cocaine For The Purpose of Trafficking,
Trafficking Cocaine, Possession of Proceeds of Crime, Possession of
Marijuana etc..
Allegations: Police observe suspicious activity and what they
describe as a "hand to hand" transaction in the back area of a at a
strip club. Police follow vehicle and pull it over. Upon
search, they discover significant amounts of cocaine, scales, money,
etc. Several months later he is alleged to have breached his
bail by having a cellular phone.
Result: Client pleads to simple possession of cocaine ($1500.00
fine), all other charges withdrawn.
R. v. D.A. (Ontario Court of Justice)
Barrie
Charges: Possession of Cocaine For The Purpose of Trafficking,
Possession of Marijuana for the Purpose of Trafficking, Possession
of Proceeds of Crime
Allegations: Police pull over vehicle and upon detention allege to
have smelled freshly burnt marijuana emanating from vehicle. Search
of the vehicle results in the seizure of a significant amount off
cocaine, marijuana, and cash.
Result: All charges withdrawn.
R. v. B.B. (Ontario Court of
Justice/Superior Court of Justice) Toronto
Charges: Trafficking Cocaine, etc.
Allegations: Police complete undercover buy of crack cocaine.
Client is alleged to have present and participated in the
transaction by keeping a lookout and laundering the money
afterwards.
Result: All charges withdrawn.
R. v. W.P (Ontario Court of Justice)
Toronto
Charges: Trafficking Cocaine, etc.
Allegations: Police complete undercover buy of crack cocaine.
Client is alleged to dealt undercover officers crack cocaine.
Police buy money seized from him upon arrest.
Result: All charges withdrawn.
R. v. G.W. (Ontario Court of
Justice/Superior Court of Justice (Windsor)
Charges: Possession of Cocaine For The Purpose of Trafficking,
Possession of Ecstasy, Possession of Proceeds of Crime, etc.
Allegations: Police get disturbance/trespassers calls from concerned
family members regarding father's drug abuse. Family members
claim that drug dealers present in home and to investigate.
Police attend residence and upon entering notice several police run
to bathroom. Upon search of bathroom, a large amount of
cocaine is found. All parties charges with various offences.
Matter proceeds to Superior Court.
Result: Client found not guilty of serious offences and guilty to
sole count of included offence of simple possession of cocaine (for
substance found on his person). Fined $500.00
R. v. G.W. (Ontario Court of Justice) Hamilton
Charges:
Possession of a Firearm, Possession of Crack Cocaine, etc.
Allegations: Gun and drugs found in residence of alleged
girlfriend. Argument raised that there was no evidence linking this
particular accused, other than his generic name, to the apartment
where the gun and drugs were found.
Result: Motion
granted: All charges dismissed at preliminary inquiry.
R. v. W.T.. (Ontario Court of Justice) Oshawa
Charges:
Possession of a prohibited Firearm;
careless storage of firearm / ammo; unauthorized poss. of firearm;
possession of cocaine for the purpose of trafficking
Allegations: Significant amount of guns and drugs found in
residence. Accused also alleged to have small amount of
cocaine on his person.
Result: All
Firearms and Possession for the Purpose of Trafficking charges
withdrawn: Client pleads to simple possession of cocaine.
R. v. A.A. (Ontario Court of Justice) Brampton (Youth
Court)
Charges:
Possession of a Controlled Substance x 2, Breach of Probation x 2.
Allegations: Police search locker at school and find marijuana.
Accused also on probation not to possess drugs at the time.
Result:
Constitutional motion filed. Charges stayed (not guilty).
R. v. C.D. (Ontario Court of Justice/Superior Court
of Justice) JURY, Toronto
Charges:
Trafficking Cocaine, Possession of Cocaine For the Purpose of
Trafficking
Allegations: Client alleged to have trafficked to undercover police
officer working as a prostitute. Matter proceeds to jury trial
but defence brings mistrial application for Crown misconduct.
Mistrial granted. Crown agrees to plea to simple possession of
cocaine instead of reprosecuting case.
Result:
Crown agrees
to plea to simple possession of cocaine instead of reprosecuting
case.
Being charged with a a drug offence in Ontario or Canada can result in a wide range of possibilities depending on the nature of the drug, the amount seized, whether the possession was for personal or commercial purpose and many other factors.
For example, if a person is charged with simple marijuana possession (under 30g), it is common to have the charges withdrawn if you provide something back to the community in the form of community service hours or a charitable donation. However, this is not always the case and is ultimately up to the Department of Public Prosecutions (the Federal Crown) prosecutor on whether you are eligible for such a program.
For possession of more serious drugs (or at least considered more serious by the prosecutors), such as cocaine, ecstasy, ketamine, and heroin, the sanctions increase while the chance of an early withdraw decrease. A lawyer may be able to obtain a withdraw in charges such as these, even if the prosecutor has initially taken a position that you are not.
Trafficking, importation, cultivation, production, and and commercial drug enterprises are all at the highest end of the scale of seriousness. For these sorts of charges, having the assistance of an experienced defence counsel can greatly increase your chances of not suffering the serious and often lengthy sentences that result from convictions. Although not common in practice, many of these sort of offences carry maximum sentences of life imprisonment and therefore should be treated with the highest degree of caution and prudence.
It is important to keep in mind that simply because police have have caught you in the act and you feel you have no defence, an experienced lawyer can raise many other issues, such as the constitutionality of the search, that on successful argument can win your case for you.
Call me at 416.220.0413 to schedule an appointment today.
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