Tyson Dahlem Criminal Defence Lawyer

Drugs Charges - Trafficking, Possession for the Purpose of Trafficking, Controlled Drugs and Substances Act

The Controlled Drugs and Substances Act ("CDSA") is a federal statute that creates criminal offences for trafficking, possessing for the purpose of trafficking, or just possession of controlled substances. Due to recent changes in the sentencing provisions, in most circumstances, a conviction for trafficking or possession for the purpose of trafficking will result in a period of incarceration. Always consult a criminal defence lawyer if charged with an offence under the CDSA. If found guilty, the consequences may include:

  • incarceration;
  • travel restrictions (particularly to the United States);
  • possible weapons prohibition;
  • possible DNA order;and
  • a criminal record

I have successfully defended many individuals charged with CDSA offences. There is almost always the issue of whether or not the search was constitutional. Everyone has an expectation of privacy and the police cannot search unless there are reasonable and probable grounds to suspect that you have committed and offence. It may be a search as part of an arrest for something else, or it may be a search when the police obtained a search warrant. A common circumstance in the Canmore Provincial Court are those persons who were arrested by the RCMP on the Trans Canada highway as part of a traffic stop and found to be in possession of drugs.

Decisions on Drug Charges - Trafficking, Possession for the Purpose of Trafficking, Conditional Sentences

R. v. Faqi - Sentencing decision.  Conditional Sentence (house arrest) for an individual who was convicted of trafficking drugs to an undercover officer but had turned his life around prior to sentencing.

R. v. Faqi.pdf R. v. Faqi.pdf
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R. v. McMillan - Not guilty at trial on constructive possession. Individual's house mates had pleaded guilty to possession for the purpose of trafficking. Individual had knowledge of the drugs, but didn't have the requisite level of control to be guilty of possession for the purpose of trafficking.

McMillan, Daniel - transcript.pdf McMillan, Daniel - transcript.pdf
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R. v. Janchevsky - Not guilty at trial on constructive possession for the purpose of trafficking. Individual had knowledge of drugs in apartment, but here was no evidence that he had any control of the drugs. He was also not the person that the police were looking for when the search warrant was executed.

R. v. Janchevsky.pdf R. v. Janchevsky.pdf
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