DRUG
OFFENCES
Importing, producing,
distributing and possessing certain drugs and substances are
governed mainly by the Controlled Drugs and Substances Act (CDSA),
which replaced the Narcotic Control Act and Parts of the
Food and Drugs Act in 1997. This Federal Act prohibits the
importation, exportation, production, sale, provision and
possession of many controlled drugs and substances, except
where expressly permitted.
Controlled drugs and substances for medical treatment may be
legally obtained with a prescription from a licensed medical
practitioner. Prescribed drugs may be legally possessed and
used only by the person for whom they were prescribed.
It is a
CDSA offence for a person to seek or obtain a controlled
substance from a medical practitioner without disclosing all
other controlled substances obtained from other
practitioners within the previous 30 days. The maximum
punishment for this offence is a significant term of
imprisonment.
A
conviction for trafficking, unlawfully possessing,
exporting, importing, trading or producing illegal drugs can
result in fines or imprisonment.
Even
after a finding of guilty, not all CDSA offences result in a
criminal record. For example, simple possession of 30g or
less of cannabis (marihuana/marijuana) or 1g or less of
cannabis resin (hashish) is a summary conviction offence and
does not "normally" result in a criminal record. However,
simple possession of more than 30g of cannabis or 1g of
cannabis resin may be either a summary conviction or
indictable offence which may result in a criminal record.
Indictable Offences such as possession of cannabis for the
purposes of trafficking or trafficking itself will result in
a criminal record upon conviction. Those convicted of a
summary offence resulting in a criminal record may apply for
a pardon three years after conviction, while those convicted
of an indictable offence may apply for a pardon five years
after conviction.
SENTENCING
Judges
enjoy considerable discretion in sentencing CDSA offenders.
Sentences usually take into account factors such as selling
drugs to children, using or involving children under 18
years in the commission of the offence or selling drugs in
or near schools or school grounds, or other public places
where youths frequent.
IMPAIRED
DRIVING
Canadians generally are aware of prosecutions and sentences
under our Impaired Driving laws. However, most seem unaware
the relevant section of the Criminal Code of Canada reads
......"impaired by alcohol or a drug."
To be
apprehended while driving under the influence of a
controlled drug may result in a criminal prosecution similar
to one involving alcohol. Evidence at trial may differ but
upon conviction, the sentence will include a loss of driving
privileges.
DIVERSION
In some
cases, usually involving a first offender openly admitting
to possessing a minor quantity of Marijuana or Hashish, the
offender may be diverted from the criminal justice system
and allowed to make a charitable donation or perform a
number of hours of community service in exchange for a
withdrawal of the offence. Diversion, also called
"Alternative Measures" recognizes that criminal courts are
overloaded with more serious matters and that the greater
public interest may lie in addressing drug abuse generally
rather than prosecuting petty offenders.
Barrister
Solicitor
Notary Public