Dedicated & Experienced Representation in Drug Cases
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Drug
Crimes
The Importance of Strong Legal Defence in Drug Related Cases.
Drug cases might seem straightforward to prove, but they often are not, as they are very technical and involve intensive Charter scrutiny. As a skilled and experienced Defence lawyer, Ryan Patmore, is well-versed in police procedures, techniques, evidence, and Charter litigation, and can mount significant and successful challenges to the admissibility of evidence in these cases. It is crucial that the lawyer you hire understands the work done by searching officers, seizing and exhibits officers, and drug expert officers so that their evidence can be thoroughly examined and critiqued. Additionally, your lawyer must be up-to-date and knowledgeable about constitutional law, and possess the know-how pertaining to complex Charter litigation and search and seizure law to properly determine the challenge to search warrants and assessing an Affiant’s reasonable and probable grounds or Information to Obtain a Search Warrant (ITO).
In the context of drug enforcement, multiple Charter Rights issues can arise, including unreasonable search and seizure (section 8), arbitrary detention and arrest (section 9), and the right to be informed of the reason for detention or arrest immediately, as well as the right to be informed, instruct, and retain counsel without delay (section 10).
Defective police practices during the arrest, search, and processing phases of the investigation can lead to numerous Charter Rights complaints at trial, which may ultimately result in the exclusion of evidence and an acquittal. Lastly, it is essential that your lawyer understands and has experience working with drug addicts and addiction specialists and has a network of counsellors and professionals to assist you in presenting your best case at trial or during the resolution of your drug charges.
The federal law governing drug offences and penalties in Canada is known as the Controlled Drugs and Substances Act (CDSA). The CDSA includes schedules that list and classify various controlled drugs and substances.
Under the CDSA, you can be charged with offences such as Drug Possession, Possession for the Purpose of Trafficking, Drug Trafficking, Drug Production, and Drug Importing for substances listed in Schedules I, II, III, IV, or V.
Ryan Patmore's Commitment
Patmore Criminal Defence has a longstanding and proven record of successfully defending all types of drug charges. However, every case is different and unique and must be defended on its own merits. Previous successful results defending other drug cases do not necessarily dictate future outcomes.
If you are convicted under Canada’s Drug laws, you could face the possibility of having a criminal record that could affect your ability to travel to foreign countries such as the United States. A drug record could also impact your current and future employment. You might also face the possibility of a substantial jail sentence if found guilty of more serious drug crimes.
Your Rights Are Our Priority
What Must The Crown Prove In
A Drug Related Case?
In any Drug prosecution, the Crown Prosecutor must first prove that the impugned substance in question is actually an illegal drug as defined by the Controlled Drugs and Substances Act. Absent a specific medical exemption, it is illegal to possess drugs such as marijuana in certain quantities, cocaine, heroin, GHB, ecstasy, magic mushrooms, ketamine, LSD, crystal meth, and opium, among others, in Canada.
Typically, the Crown will prove the nature of the substance by submitting the "Certificate of Analysis" from a Health Canada analyst who tested the narcotic. It is not sufficient for a police officer to merely testify that the item looked like an illegal drug. In some cases, the Crown may neglect to submit the drug certificate, leading to an acquittal. Every case will turn on its own unique facts and investigation.
The Crown must also prove that the person charged was in possession of the illicit drug. Actual possession is not always required - constructive possession is a nuanced area of the law, briefly meaning that if you are in proximity to the substance or there is a connection or “nexus” to it, you can still technically be convicted of possession and/or trafficking. If you are charged with a drug offence, contact Patmore Criminal Defence today.
How does the Crown prove actual possession?
To prove actual possession, the Crown must demonstrate two things:
(i) knowledge of what the item is.
(ii) Some measure of control over the item.
How is knowledge of the illegal drug proven?
Having an illegal drug on your person or in close proximity does not necessarily establish actual possession, if doubt is raised about knowledge of the drug’s existence. For instance, if someone wears clothing belonging to a friend or relative, unaware that drugs were left in the pockets, they cannot be said to have knowledge of the illegal drug. Without knowledge that the drug was present, they cannot be found guilty of possession.
Another scenario might involve someone aware of the item in their possession but unaware that it was an illegal drug. For example, if someone has a bag of marijuana, mistakenly believing it to be oregano or another cooking herb, they do not have the knowledge required to establish possession of the narcotic.
However, mistaking one type of illegal drug for another is not a valid defence. For example, a person will not be acquitted of possession if they claim to have believed they were in possession of cocaine when, in fact, they had heroin.
How is control over the illegal drug proven?
Even if the Crown can establish that a person had knowledge of the illegal drug, it must also be proven that the individual exercised some level of control over the drug. Control means having the ability to manage, use, or dispose of the drug, even if it was not physically in the person's possession at the time.
Actual possession of the drug is not necessary for a conviction. A person can be found guilty of drug possession even if the drug belongs to someone else.
Frequently Asked Questions
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Even if someone does not have drugs physically on his/her person (actual possession), (s)he can still be found in possession of drugs if it can be established that he/she had both knowledge and control over the drugs (constructive possession). This is a standard unique to every case where it is argued, and is largely contingent on the facts of your case. It takes a skilled and experienced lawyer to be able to identify the issues the court will consider in this regard.
In these cases, the accused is not in direct possession of the drugs. Rather, in ‘constructive possession’ cases, the necessary knowledge and control must be inferred from other evidence.
For instance, if drugs are found in the glove box of a vehicle owned and driven by the accused at the time of the seizure, it may be argued that the driver had the requisite knowledge and control over the vehicle, thus establishing possession of the drugs within. If it is shown that the the accused knew or ought to have known, willful blindness is not a defence, and a conviction can be entered. Similarly, the same reasoning applies to items found in an accused person’s bedroom or suitcase, as an example.
However, if drugs are located in the glove box, passengers in the vehicle may not be found guilty of constructive possession if they can raise doubt about their knowledge or control over the illegal substance or the vehicle in which it was found. Call Patmore Criminal Defence today for your free consultation.
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Yes, joint possession of an illegal drug can be established when one of two or more individuals is found in possession of a drug.
The distinction between joint possession and constructive possession lies in control—constructive possession requires control over the item, while joint possession only requires knowledge, or the inference is drawn that someone else exercises control.
For example, a person may be found guilty of joint possession if (s)he knows or allows someone else to hide drugs in their apartment or store drugs in the glove box of their vehicle. These are mere examples of complex legal issues. For more information, call Patmore Criminal Defence today for your free consultation.
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In Canada, possession of drug paraphernalia is not necessarily illegal, but it can still lead to criminal charges under certain circumstances.
What Is Considered Drug Paraphernalia?
Drug paraphernalia includes:
Pipes, bongs, rolling papers, syringes (used for consuming drugs).
Scales, baggies, mixing agents (often associated with drug trafficking).
Prescription pill bottles with someone else’s name on them.
Score Sheets - not paraphernalia per se, but evidence of drug related activities.
When Can You Be Charged?
While possession of items like bongs or syringes is not a crime on its own, charges may apply if:
The item contains drug residue: Under Section 4(1) of the CDSA, if a pipe or syringe has traces of heroin, cocaine, or methamphetamine, you can be charged with drug possession.
The paraphernalia is linked to trafficking: If scales, baggies, or presses are found alongside large quantities of drugs or cash, police may lay trafficking charges under Section 5(1) of the CDSA.
You are found with illegal drugs while carrying paraphernalia: This can strengthen the case for a possession or trafficking charge.
Harm Reduction vs. Criminalization
While some Provinces have harm reduction strategies allowing safe drug consumption sites and needle exchange programs, police still actively charge drug offences related to trafficking or possession for the purpose of trafficking.
Defences Against Paraphernalia-Related Charges
No knowledge of residue (you were unaware the item contained traces of drugs).
Lawful purpose (the item was used for a legitimate reason, such as tobacco use).
Unlawful search and seizure (police violated your Charter rights). See a Ryan Patmore to discuss these complex issues further.
If you are charged, speaking to a criminal defence lawyer is essential to challenge the evidence and protect your rights.
Call Patmore Criminal Defence today for your free consultation.
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Fentanyl and opioids are among the most dangerous and highly regulated substances in Canada. Due to their high potency, increased danger and risk of overdose, offences involving opioids often carry severe penalties, especially when trafficking is involved. Alberta has a starting point of custody of between 4-5 years, depending on facts and quantities.
Possession of Fentanyl and Opioids
Under Section 4(1) of the Controlled Drugs and Substances Act, it is a crime to possess fentanyl, heroin, oxycodone, or other opioids without a valid prescription. Even small amounts can lead to a criminal record and jail time.
Trafficking and Production of Opioids
Trafficking or producing fentanyl is treated with extreme seriousness due to the public health risks associated with the opioid crisis. Under Section 5(1) of the CDSA, drug trafficking includes:
Selling or distributing opioids (even without money being exchanged).
Giving someone a fentanyl patch or pill that was prescribed to you.
Importing or exporting opioids into or out of Canada.
Sentencing and Aggravating Factors
Penalties for trafficking or producing fentanyl can include:
Life imprisonment as a maximum penalty.
Mandatory minimum sentences if the offence involves minors or occurs near schools or playgrounds.
Increased penalties if the drugs cause death or serious harm.
In R. v. Smith, 2017, the Supreme Court reinforced that trafficking fentanyl can lead to lengthy prison sentences, even for first-time offenders.
Defences Against Opioid-Related Charges
Unlawful search and seizure (Charter violation).
Lack of knowledge (you did not know the substance was fentanyl).
Entrapment (police coerced you into an offence).
Given the serious consequences of opioid-related charges, it is crucial to consult an experienced criminal defence lawyer immediately. Call Patmore Criminal Defence today for your free consultation.
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In Canada, police must generally obtain a search warrant before searching your home, but there are exceptions when it comes to vehicles, consent searches, and exigent circumstances.
Home Searches (Warrant Required)
Under Section7 and 8 of the Canadian Charter of Rights and Freedoms, everyone has the right to life, liberty, and security of the person, and to be secure against unreasonable search and seizure. This means that, in most cases, police require a valid search warrant issued by a judge or justice of the peace before they can enter and search a residence.
However, police may search your home without a warrant if:
You explicitly consent to the search (not recommended without legal advice).
There are exigent circumstances, meaning police believe that evidence will be destroyed or that someone's life or safety is at risk (R. v. Grant, 1993).
They are making an arrest inside the home and conduct a protective sweep to ensure officer safety.
Evidence is in plain view.
If a search warrant was improperly issued or executed, a lawyer can challenge the search under Section 24(2) of the Charter, potentially excluding the evidence at trial.
Vehicle Searches (No Warrant Required in Certain Cases)
Police have more leeway to search a vehicle than a home because vehicles are mobile, and drivers have a reduced expectation of privacy. Under Section 11(7) of the CDSA, police can search a vehicle without a warrant if they have reasonable and probable grounds to believe it contains illegal drugs.
Common reasons for warrantless vehicle searches include:
The driver was arrested for a drug-related offence.
Officers smell drugs or see drug paraphernalia in plain view (R. v. Polius, 2009).
A drug-sniffing canine unit alerts officers to drugs in the vehicle.
However, police cannot search a vehicle based on a mere hunch. If a search was conducted unlawfully, a defence lawyer can file a Charter challenge to exclude the evidence.
What to Do If Your Home or Vehicle Is Searched
Do not consent to a search unless advised by your lawyer.
Remain silent and do not answer police questions if you are detained or arrested and advised of your right to contact a lawyer.
Take note of what officers say and do, if possible. However, in many cases, police will have body-worn and dash cam footage with the audio and video evidence available for disclosure to your lawyer.
Contact a criminal defence lawyer immediately if drugs are found, and you or another is charged with a drug offence.
Call Patmore Criminal Defence today for your free consultation.
What If I Was Subject To An Illegal Search By Police?
Often, the issue at trial isn’t whether the Crown can prove the item is an illegal drug or that the accused was in possession of it. Instead, the focus shifts to whether the police legally obtained the evidence in accordance with constitutional standards.
In Canada, everyone has the right to be free from unreasonable police searches and from being stopped or detained without a valid reason. Despite these protections, many Canadians, particularly those from minority communities, are often subjected to arbitrary police stops and illegal searches of their homes, vehicles, and personal property.
When evidence is obtained through a violation of a person’s constitutional rights, the court may exclude it from trial through a "Charter challenge," which refers to the constitutional protections in the Canadian Charter of Rights and Freedoms (“the Charter”). The Charter rights most frequently challenged in these cases are found in sections 7-10 of the Charter.
Can a Search Warrant be Challenged?
Even with a valid warrant issued by a Judge to search a location where drugs are found, it may be possible to challenge the warrant's foundation and admissibility. If the Court finds that the officers who obtained the original warrant relied on unreliable or inaccurate information, the warrant may be invalidated (a Garofoli Application), and the search results may be excluded from evidence at trial. In addition, if the police give inaccurate information or withhold exculpatory information from the Judge, a warrant’s contents may be excised in Court to reflect the accurate information after the fact. The reviewing Justice will then determine if enough evidence actually existed for the issuance of the Warrant. This is a very nuanced and technical area of the law, and requires a skilled and experienced lawyer to identify these issues through proper scrutiny of Crown disclosure. A successful motion to invalidate a warrant often leads to a "not guilty" verdict, due to the evidence being deemed fruit from the poisonous tree. Without the Warrant, the evidence may be deemed inadmissible, and without the evidence obtained through an invalid warrant, a conviction should not stand.
What is the difference between possession and possession for the purpose of trafficking?
If charged with possession of a narcotic for the purpose of trafficking, the Crown must first prove the item was an illegal drug and that the accused possessed it.
Additionally, the Crown must prove the person intended to sell or distribute the drugs.
What factors will the court consider in determining possession for the purpose of trafficking?
The court examines various factors, including:
The quantity and value of the drugs,
Drug paraphernalia found,
The amount and denomination of money found,
Any statements made by the accused,
Any association with known traffickers,
Any unexplained wealth,
The credibility of defence witnesses.
While possession of a large amount of drugs may lead to a trafficking charge, it won’t necessarily result in a conviction. For instance, an accused may testify that they regularly consume a particular drug and possess a large amount for personal use. This may reduce the charge to simple possession, impacting the sentence imposed.
What Are The Sentences For Possession and Possession For The Purpose of Trafficking Charges?
Drug offences in Canada are governed by the Controlled Drugs and Substances Act (CDSA) and prosecuted under the Criminal Code of Canada. The severity of penalties depends on factors such as the type and quantity of the drug, intent (personal use vs. trafficking), prior convictions, and aggravating circumstances (e.g., involvement of minors or organized crime).
Possession of a Controlled Substance
Under Section 4(1) of the CDSA, it is illegal to possess a controlled substance without legal authorization (such as a prescription). Penalties vary depending on the drug’s classification under the CDSA schedules.
Penalties for Drug Possession
Schedule I Drugs (e.g., fentanyl, heroin, cocaine, methamphetamine)
Indictable Offence: Up to 7 years in prison
Summary Offence: Up to 6 months in jail and/or a $1,000 fine (for first-time offenders)
Schedule III Drugs (e.g., LSD, psilocybin mushrooms)
Indictable Offence: Up to 3 years in prison
Summary Offence: Up to 6 months in jail and/or a fine
Schedule IV Drugs (e.g., benzodiazepines, anabolic steroids)
Possession is generally not criminalized, but trafficking without authorization can result in criminal charges.
Alternative Measures for Simple Possession
Due to recent legal reforms, simple possession of some drugs may not always lead to criminal prosecution.
Bill C-5 (2022) allows for diversion programs and alternatives to criminal charges for simple possession.
Some jurisdictions (e.g., British Columbia) have decriminalized personal possession of small amounts of certain drugs, but federal laws still apply across Canada.
Importing, Exporting, and Producing Controlled Substances
These offences are treated even more severely than trafficking under the CDSA.
Importing or exporting drugs (Section 6 CDSA)
Schedule I Drugs: Maximum life imprisonment
Mandatory minimum of 1-2 years if aggravating factors apply
Production of controlled substances (Section 7 CDSA)
Growing, manufacturing, or synthesizing drugs is punishable by up to life in prison
If aggravating factors apply, minimum penalties of 1-3 years may be imposed
Drug Trafficking and Possession for the Purpose of Trafficking
Under Section 5 of the CDSA, trafficking or possession for the purpose of trafficking is a serious offence. Trafficking includes selling, giving, transporting, sending, or delivering a controlled substance, even if no money is exchanged.
Penalties for Drug Trafficking
Penalties depend on the type and quantity of the drug, as well as the circumstances of the offence.
Schedule I Drugs (e.g., fentanyl, heroin, cocaine, methamphetamine)
Indictable Offence: Maximum life imprisonment
Minimum Sentences (if aggravating factors apply, such as trafficking near a school, involving minors, or links to organized crime):
1 year (if the offence involves violence or weapons)
2 years (if trafficking occurs near a school or for a criminal organization)
Schedule III Drugs (e.g., LSD, psilocybin mushrooms)
Indictable Offence: Up to 10 years in prison
Summary Offence: Up to 18 months in jail
Schedule IV Drugs (e.g., benzodiazepines, steroids)
Indictable Offence: Up to 3 years in prison
Summary Offence: Up to 1 year in jail
Factors That Increase Sentencing Severity
Aggravating factors (as per Section 10 of the CDSA) include:
Trafficking near schools, playgrounds, or community centers
Using violence or weapons
Selling drugs to minors
Involvement in organized crime
Judges consider prior convictions, the role of the accused (leader vs. low-level dealer), and the impact on the community when determining sentences.
How A Specialized Defence Can Impact Drug Cases.
Drug cases may seem straightforward, but they are often quite complex. A skilled and experienced defence lawyer, like Ryan Patmore, who understands police procedures, evidence, and Charter litigation, can mount a significant and successful defences and challenges to the admissibility of the evidence. It is crucial that your lawyer comprehends the work of surveillance and searching officers, seizing and exhibits officers, crime scene officers, and drug experts, ensuring that their evidence is carefully examined and critiqued. Additionally, your lawyer must be well-versed in Constitutional law.
Charter Rights issues frequently arise in drug cases, including unreasonable search and seizure (section 8), arbitrary detention and arrest (section 9), and the right to be informed of the reason for detention or arrest immediately, as well as the right to retain and instruct counsel without delay (section 10).
Defective police practices during arrest, search, and processing can lead to Charter Rights complaints that may result in evidence being excluded and potentially an acquittal. Moreover, it is essential that your lawyer is familiar with drug addiction and has a network of addiction specialists and counsellors to assist in presenting the strongest possible case or negotiating a resolution.
Call Patmore Criminal Defence today for your FREE CONSULTATION, so we can explain your rights, and help defend your drug case.