Canadian law for drug offenses is strict says Toronto criminal lawyer Ernst Ashurov. There are separate punishments for possession of drug, production of drug, importing drug and so on. Now, possession can be of 3 types- personal possession, constructive possession and joint possession. These 3 types of have been mentioned clearly in the s.4 of the Criminal Code of Canadian judiciary. Possession under Controlled Drugs and Substances (s.2) will also acquire the same legal status under s.4. Personal possession will be established when evidences prove that the person had knowledge about drug being with him/her. Constructive possession is interpreted as knowledge of the item while joint possession as the term suggests means that many people have the drug in their custody and jointly responsible for possessing the substance.
Criminal Lawyer Toronto – Ernst Ashurov – http:/ernstashurovlaw.com/
Proof of substance is required to be provided by a Certificate of Analysis which proves the nature of the substance in control. Now a person possessing substance mentioned in Schedule I, II, III will be accused by the Canadian legislation for possessing illegal substance. Once knowledge, consent and control pertaining to the substance is proven the accused will be sentenced.
Trafficking a substance included in Schedule I, II, III, IV is a punishable offence. If the intention of the holder is proven then he will be convicted of possessing and trafficking substance. However, courts take into account different distinguishing factors for trafficking substance. Court recognizes 3 types of trafficking- social sharing, petty retail operation and full-time commercial operation. Sentence is given on the basis of gravity of the situation. If the offender is an addict himself then sympathy can be invoked, otherwise the crime is considered to be a grave one. In commercial trafficking deterrence and denunciation are vital. Court recognizes the distinction between commercial and trafficking and that distinction must be proven clearly by the offender if he wishes to receive acquittal. Conditional sentence for trafficking is applicable for rare instances in Ontario. Offenders involved in ‘dial-a-dope’ operation will be usually sentenced to incarceration by the court.
Producing a substance mentioned in Schedule I, II, III and IV is a punishable offence in Canada. The offence is a grave one and therefore the offender can be indicted and imprisoned for the entire lifetime if the crime is proven. In case marijuana is being produced, the term of sentence is for 7 years. For commercial offence certain factors will be taken into account like threat to health and safety, size of the enterprise, presence of weapons, presence of children, evidence of fortification, level of sophistication, degree of participation of the worker, owner or crop-sitter and intended use of drugs.
Importing and exporting of the substance included in Schedule I, II, III, IV, V, VI in and out of Canada is again a punishable offence. Possession of substance with the intention of exporting is treated as a grave crime by the Canadian administration and jurisdiction. Importing or exporting substance included in Schedule I and II will be liable to imprisonment for life. Importing and exporting substance included in Schedule III and VI will lead to 10 years imprisonment if proven guilty whereas any transaction of substance included in Schedule IV and V will liable to imprisonment for more than 3 years depending on other circumstantial evidence.
If you need consultation in this matter contact Toronto Criminal Lawyer Ernst Ashurov at any time.
Now you should also have an idea of the kind of substance which is included in Schedule I, II, III and IV. Schedule I constitutes of heroine, cocaine and similar substance, Schedule II contains Marijuana, Hash and similar substance, Schedule III comprises Hallucinogens, Amphetamines and Schedule IV contains Barbiturates, Steroids and so on. Once the degree of offence is proven, your life will be destroyed.
