Punjabi Criminal Lawyer in Brampton

DRUG CHARGES

The drug charges in Canada are laid against a person under the Controlled Drug and Substance act. Generally the charges are for

 

Possession of substance

 

4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.

 

Obtaining substance

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(2) No person shall seek or obtain

(a) a substance included in Schedule I, II, III or IV, or

(b) an authorization to obtain a substance included in Schedule I, II, III or IV

from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.

 

Punishment

(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

 

(b) is guilty of an offence punishable on summary conviction and liable

 

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

 

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment

 

(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or

 

(b) is guilty of an offence punishable on summary conviction and liable

 

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

 

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Punishment

 

(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III

 

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or

 

(b) is guilty of an offence punishable on summary conviction and liable

 

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

 

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

 

Punishment

 

(7) Every person who contravenes subsection (2)

 

(a) is guilty of an indictable offence and liable

 

(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,

 

(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,

 

(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or

 

(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or

 

(b) is guilty of an offence punishable on summary conviction and liable

 

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

 

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

 

Trafficking in substance

 

5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.

 

Possession for purpose of trafficking

 

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.

 

Punishment

 

(3) Every person who contravenes subsection (1) or (2)

 

(a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

 

(i) to a minimum punishment of imprisonment for a term of one year if

 

(A) the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

 

(B) the person used or threatened to use violence in committing the offence,

 

(C) the person carried, used or threatened to use a weapon in committing the offence, or

 

(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or

 

(ii) to a minimum punishment of imprisonment for a term of two years if

 

(A) the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years,

 

(B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds, or

 

(C) the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence;

 

(b) if the subject matter of the offence is a substance included in Schedule III or V,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years,

 

or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

(c) where the subject-matter of the offence is a substance included in Schedule IV,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

 

Importing and exporting

 

6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.

 

Possession for the purpose of exporting

 

(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.

 

Punishment

 

(3) Every person who contravenes subsection (1) or (2)

 

(a) if the subject matter of the offence is a substance included in Schedule I in an amount that is not more than one kilogram, or in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment for a term of one year if

 

(i) the offence is committed for the purposes of trafficking,

 

(ii) the person, while committing the offence, abused a position of trust or authority, or

 

(iii) the person had access to an area that is restricted to authorized persons and used that access to commit the offence;

 

(a.1) if the subject matter of the offence is a substance included in Schedule I in an amount that is more than one kilogram, is guilty of an indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of two years;

 

(b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

 

(c) if the subject matter of the offence is a substance included in Schedule IV,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

 

Production of substance

 

7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

 

Punishment

 

(2) Every person who contravenes subsection (1)

 

(a) if the subject matter of the offence is a substance included in Schedule I, is guilty of an

indictable offence and liable to imprisonment for life and to a minimum punishment of imprisonment for a term of three years if any of the factors set out in subsection (3) apply and for a term of two years in any other case;

 

(a.1) if the subject matter of the offence is a substance included in Schedule II, is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

 

(i) for a term of one year if the production is for the purpose of trafficking, or

 

(ii) for a term of 18 months if the production is for the purpose of trafficking and any of the factors set out in subsection (3) apply;

 

(c) if the subject matter of the offence is a substance included in Schedule III or V,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years,

 

or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

 

(d) where the subject-matter of the offence is a substance included in Schedule IV,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

 

Factors

 

(3) The following factors must be taken into account in applying paragraphs (2)(a) and (a.1):

 

(a) the person used real property that belongs to a third party in committing the offence;

 

(b) the production constituted a potential security, health or safety hazard to persons under the age of 18 years who were in the location where the offence was committed or in the immediate area;

 

(c) the production constituted a potential public safety hazard in a residential area; or

 

(d) the person set or placed a trap, device or other thing that is likely to cause death or bodily harm to another person in the location where the offence was committed or in the immediate area, or permitted such a trap, device or other thing to remain or be placed in that location or area.

 

Possession, sale, etc., for use in production of or trafficking in substance

 

7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used

 

(a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or

 

(b) to traffic in a controlled substance.

 

Punishment

 

(2) Every person who contravenes subsection (1)

 

(a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months; and

 

(b) if the subject matter of the offence is a substance included in Schedule IV,

 

(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or

 

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than one year.

 

Purpose of sentencing

 

10 (1) Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

 

Factors to take into consideration

 

(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

 

(a) in relation to the commission of the offence,

 

(i) carried, used or threatened to use a weapon,

 

(ii) used or threatened to use violence,

 

(iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or

 

(iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;

 

(b) was previously convicted of a designated substance offence, as defined in subsection 2(1) of this Act, or a designated offence, as defined in subsection 2(1) of the Cannabis Act;

 

(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.

Reasons

 

(3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

 

Each charge has different punishment and the type of drug involved in the case separately plays an important role in sentencing of the accused.  The harder the dug severe the sentence would be. When a person is charged with a drug offence it undermines his or her reputation and social stature. The conviction can lead to imprisonment or fine or both which depends upon the charge.

 

Further, there could be immigration problems or it may create problem for a person who is looking enter in to US. 

 

A person is considered innocent unless the crown proves beyond reasonable doubt, the each essential element of the charge. Please do not plead guilty hire an efficient criminal lawyer, Navdeep Dhindsa will help you.