Drug offences are prosecuted under the Controlled Drugs and Substances Act. This Act sets out dozens of offences including possession, possession for the purpose, trafficking, importing, and production of controlled substances. A large-scale importation of marijuana that is provable will not attract the same sentence as one for importing cocaine or the production of fentanyl. The Controlled Drugs and Substances Act also contains provisions that permit the Crown to ask the court to seize and forfeit your property as “offence related property”, for example, motor vehicles or residences.
The complexity of these cases can include very simple street purchases to much more sophisticated undercover operations that involve wiretaps, the use of police agents, controlled purchases and controlled deliveries. The complexity of these cases is further highlighted by the fact that they will often involve search warrants or information provided by confidential informants. Defences to these cases that may be available may involve factual issues and, more often than not, use of the Canadian Charter of Rights and Freedoms in terms of unlawful search and seizure.