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Drug Offences 2017-10-31T13:20:31+00:00

Drug Offences

There are laws in Canada that regulate consumption, possession, and use of drugs. These laws in some cases result in an outright prohibition and in other cases regulation. No matter what type of drug is involved the offences are usually prescribed within the Controlled Drugs and Substances Act. There are generally three types of offences (without considering all types) possession (often the slang term is simple possession, possession for the purposes of trafficking, and trafficking.

Possession describes the control of a regulated or prescription drug unlawfully for the purposes of personal use. There are various elements to this offence which the prosecutor must prove including, knowledge, the ability to control, and actual possession

Possession for the purpose of trafficking requires the Prosecution to prove all of the elements of possession plus an intent to traffic (sell). This allegation usually requires expert notice and often includes factual analysis. It is possible to traffic an illegal drug or possess it for that purpose without a financial benefit.

Trafficking requires proof of possession, plus intent to traffick, and then the actual trafficking. It is possible to traffick a drug, but never have possessed it specifically for the purpose of trafficking. There are various levels of knowledge which can be involved in trafficking, including willful blindness, and recklessness. Transporting drugs can be considered trafficking, and in that regard conspiracy charges are often laid.

Drug users, dealers, and traffickers have done more than any other group to advance Constitutional issues in Canada by questioning the states authority through challenging authority’s powers to detain, search, arrest, and deny the right to counsel. Mr. Royer has been part of ensuring every Canadians Constitutional rights by convincingly arguing these constitutional issues including cases involving searches where warrants were issued.

Liberty exists where the law is content to leave you alone.

The liberty of every citizen is ensured by the defence of those accused of crimes. Constitutional law is an area of specific study by Mr. Royer, and knowledge in this area is extremely important to those charged with drug crimes.