Drug law is also a fast changing area of law. As in many other areas, penalties have also increased over time. For example, the Supreme Court of Canada in 2015 in the case of R. v. Fearon has decided on new rules to analyze whether a court should exclude evidence found on someone’s cell phone subject to a search where drugs were discovered, even when no warrant was obtained and the police had no knowledge or probable cause to believe that the cell phone owner had text messages on it or other communication with respect to illicit drug transactions.
The successful defence of drug trafficking or possession for the purpose of drug trafficking cases involve challenging the legality of the search and seizure which resulted in the discovery of drugs, based on current Charter of Rights law.
There are situations where a person is arrested and found in possession of drugs along with some paraphernalia such as scales, cash and cell phones, and they are charged with possession of illicit substances for the purposes of trafficking. Such charges will often carry sentences of three years in jail or more. In order to prove that the drugs were held by the accused for the purpose of trafficking, the prosecutor will be required to call an expert witness to give that opinion to the judge. There are many strategies that can be employed on your behalf in cross-examining this expert witness, or possibly calling a different expert on your behalf, to create a doubt whether the drugs were possessed for the purpose of trafficking or for personal use. The fact alone that you may be carrying a weapon, or a cell phone, or even baggies along with cocaine or methamphetamines does not mean that you were intending to sell the drugs.
If you are charged with possession for the purpose of trafficking, you will benefit from retaining a highly experienced lawyer who has successfully argued numerous search and seizure and drug cases.
Ms. Kirby is ready and available to give you professional and skilled representation in any criminal matter, child protection or related legal areas. Click to see her biography.
Monday – 9am-5pm
Tuesday – 9am-5pm
Wednesday – 9am-5pm
Thursday – 9am-5pm
Friday – 9am-5pm
Saturday – Closed
Sunday – Closed
Holidays – Closed
About Chartrand Law Office
Chartrand Law Office is an
Edmonton-based law firm with a special interest in criminal defence
We accept cases in the Western provinces for serious criminal cases where a positive result is desired.