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mike@MPJLAW.ca
Michael P. Juskey is a possession for the purpose of trafficking lawyer that is here for you. Possession of drugs for the purpose of trafficking (“P4P”) is a serious criminal offence that can result in substantial jail time. The sentence will depend on the quantity and the nature of the substances in question. The crown attorney must first prove beyond a reasonable doubt that the accused was in possession of the drugs. Prosecutors then use circumstantial evidence to prove that the drugs were for the purpose of trafficking. The most common factor is the quantity of the drugs which will suggest that they were for either personal consumption (simple possession) or for the purpose of trafficking. Other factors that may apply include: cash, debt lists, scales, baggies and weapons. The crown must also prove that the drugs were genuine. This is often accomplished by obtaining a “Certificate of Anaysis” from the CFS and adducing it at trial. Section 5(2) of the Controlled Drugs and Substances Act indicates:
There are many defences to this charge and the most common approach is to argue that the defendant’s Charter rights have been infringed in some way. The police must respect every individual’s Charter rights as they investigate criminal activity. If the police breach several of the defendant’s Charter rights or breach any of them in an egregious manner an experienced criminal lawyer will apply to the trial judge for the exclusion of evidence as a remedy. An alternate remedy would be a stay of proceedings.
Other defences to this charge include arguing that despite the quantity, the drugs were in fact for personal consumption. This is a common defence in cannabis cases and if accepted by the Court, will result in a finding of guilt for simple possession (far less serious). An accused can also raise a reasonable doubt at trial by arguing that he/she did not have knowledge or control (possession) of the drugs. If you have a question about a drug case or any applicable defences, call our office immediately for a consultation.
Possession of a Schedule I (cocaine, heroin, fentanyl) or Schedule II (cannabis, hash) substance for the Purpose of Trafficking is a straight indictable offence with a maximum sentence of life in prison. There is a mandatory minimum sentence of one year in jail if: there is a link to a criminal organization, the use or threatened use of violence, the accused used or threatened to use a weapon or the accused was previously convicted of a designated substance offence. There is a mandatory minimum sentence of two years in jail if: the crime was committed near a school, in a prison, a person under 18 was involved.
Possession of a Schedule III (Vicodin, Suboxone, anabolic steroids, ketamine) substance for the Purpose of Traffickingis a hybrid offence. This gives the crown attorney the option of proceeding by indictment or summary conviction. If the crown attorney proceeds by indictment the maximum sentence is ten years in a penitentiary. If the crown proceeds by way of summary conviction the maximum sentence is 18 months in jail.
R v R.F.
My client was charged during a raid on a Toronto Marijuana Dispensary by the Toronto Police Service (Project Claudia). Successful resolutions were conducted with the crown and eventually his charges of Possess Marijuana for the Purpose of Trafficking (x2) and Possess Property Obtained by Crime Over $5,000 were withdrawn. No jail. No criminal record.
R v K.S.
K.S. was charged with Possession of Marihuana (two ounces) for the purpose of trafficking after he was detained by the police and arrested in a parking lot. A criminal record would have had devastating consequences for his livelihood. Successful pretrial discussions were conducted with the crown attorney’s office and the charge was eventually withdrawn. No jail. No criminal record.
R v L.L.
Charge of Possession (cocaine) for the Purpose of Trafficking withdrawn at the request of the Crown. No criminal record.
R v Q.T.
Client was charged with Possession of Marijuana; Possession of Cannabis for the Purpose of Trafficking (over 30 grams); Produce Marihuana; Possession of Cocaine; Possession of Cocaine for the Purpose of Trafficking; Possession of Heroin and Possession of Heroin for the Purpose of Trafficking following the execution of a search warrant. After successful resolution discussions all charges were stayed at the request of the crown. No criminal record.