Epm pg 109
Mtl law book
Controlled drugs and substances act, cdsa. Substances on this list are controlled substances. Schedules are categories substances fall into
If lose case can be deported
If you possess over the legal limit of pot can be imprisoned post 2018 still. 2018 is when pot was legalized.
There are provincial and federal laws
The police arrest but the crown charges. Crown can charge for a different crime then police arrested for.
If you are being prosecuted then there are charges against you in a criminal file
The crown and police have a lot discretionary power with your treatment and your file. Crown is like prosecutor, not police.
Director of penal and criminal prosecutions, DPCP, prosecutor provincial boss, instruct and provide guidance for prosecutors. Other provinces have their own name.
Jury or judge acquit which means your innocent. Prosecutor can also withdraw charges “withdrawn” status.
Sentence are possible consequences of being guilty
Priors are prior criminal record
Law enforcement officer: immigration officers, police, youth protection agents, municipal inspectors, correctional officers etc.
Black, indigenous, racialized and migrant communities, people who are known to the police, are targeted more by police, meaning police also violate their human rights more often. Sentenced more harshly than whites. Drug laws are historically created to target these groups.
Systematic bias: those with authority, even incl teachers, have explicit or implicit bias against certain communities
Racial profiling: officers target certain groups of ppl and postal codes more.
Anti gang squad, anti gun squad, anti radicalization are dog whistles for targetting minorities. Also includes applying additional surv eillance to target group.
During say a anti gun police raids, they can prosecute the raided for any illegal drugs the cops find. This results in potential criminals fearing to call the police bc if there is an investigation the police could nail the caller. If a sex worker has HIV and does not disclose their HIV status it counts as sexual assault, meaning if a John beats her up, risky to call the cops on him.
If have PR status and found guilty could be deported/removal. Some drug addicts only are PRs.
Anytime you speak to police you are making a statement. Crown can use these statements to convince someone else to plead guilty or convict. Your silence cannot incriminate but your statement might.
Police allowed to lie. Will do anything really to get a statement. Don’t react to any of their behaviours, comments, or questions since that can be a statement. Try to remain silent. But many ppl do not have the privilege of remaining quiet, ex that can worsen police behavior.
Rehearse how to speak to police without providing any incriminating statements if you think you want to make a statement.
Police cannot arrest you if they don’t identity at least 1 offence. On arrest they give undertaking paper or hold you until court date.
After released by police, prosecutor might decide not to prosecute. If police are holding you after arrest your 1st court date happens after 1-3 days. Sentencing may be postponed until therapy/school/work etc is complete.
1st court case is usually 1-3 days after arrest, then bail applies for the 2nd court date in like months/yrs. When released after arrest can be released without conditions.
If plead guilty with lawyer, lawyer can negotiate to have certain charges withdrawn
Cannabis act covers cannabis.
You can be acquitted of 1 charge while charged with the others
Willing blindness: you are supposed to inquire about the nature of a delivery you are driving if the package seems suspicious.
4(1) Possession, “Simple possession”: to prosecute evidence needed: knowledge/willful blindness that substance in your possession and knowledge/willful blindness that it is a controlled substance named in the cdsa and measure of control/consent to their possession Law requires measurable quantity of drug, ex residue in a bag If there are drugs in your car and you are the driver or passenger, it cannot be the only reason for a conviction. Possession - drugs don’t have to be on you. Willful blindness - you ought to have know you have the drugs in your possession Knowledge of your possession is proven by it’s location (hidden or in sight), whether police have statements by you or others. Schedule 4 substances and lower cannot be found guilty of simple possession, but can be found guilty of other offences like trafficking
Double doctoring/ 4(2) obtaining a practitioner: asked dr for prescription or drugs without disclosing that info about the drug that u received in the last 30 days. Both for personal usage and for dealing. Uncommon charge.
5(1) Drug trafficking, trafficking in substance: proof must prove that you did 1 of the following or that you offered to do one of the following:
5(2) Possession for the purposes of trafficking: simple possession + purpose/intent of trafficking. Large quantity helpful to prosecutor but not required. Presence of measuring, packaging equipment, multiple bagged quantities, large amounts of cash, notebooks can be evidence.
Drug trafficking: sale, gift, administrating drug, transport of drug.
Case study: Nat brought cdsa drug to share with client at motel. Client overdoses and Nat has to call 911. Police show up too. She admits to cops that she bought the drugs and that he asked for them so the cops know it was his idea. She is convicted of trafficking.
6(1) Import (or export) and 6(2) possession for the purpose of import (or export): all must be proven: Bought drugs/organized their entry into Canada Knowledge/willful blindness/recklessness that controlled substance Intention to import the substance Bring drugs or organize their entry into the country: happens as soon as drug enters/leaves any country and continues until drug arrives at final destination in Canada in a person’s possession. If in transit through mtl and Toronto offence has take place in both locations. You don’t have to have been personally transporting the drugs or even present at the place of entry to be charged. If police intercept the drugs in transit, irrelevant to defense. Crown doesnt have to prove you know the precise nature of the drug. Recklessness: ex accused caught with 2 bottles of wine that contain dissolved cocaine, since the cocaine amount was large, the producer prob wouldn’t give this bottle to a blind courier. Behaviour following importation may provide convincing evidence of participation in offence: meeting with ppl, receiving calls of short duration at late hours, coded language by accused+accomplices, using public telephones to talk to “accomplices” despite owning a cell. After drug arrives to final destination, other ppl cannot be prosecuted for “possession for purposes of import” Police are specifically looking for fake suitcases on flights being carried by women 30s-40s
7(1) Production of substance, 7.1(1) possession, sale, etc for use in production or trafficking: production - manufacturing, harvesting, growing, etc. Offence includes offering to produce drug Evidence must prove you have some control over location/operation of production: cannot be convicted for simply being in a place of production. Police usually do detailed surveillance against accused first. Warrants for interception of private communication, track/trace (surveillance device on car), garbage searches, search warrants Police usually find out when purchase of large or suspicious purchases that are commonly used in drug production.
If police are at your house for a DV investigation and they see a baggie of what looks like heroin, can result in arrest.
Possession means: you have it on your personal possession, you know a friend is holding it for you, you know that you have hidden it somewhere. If your friend is holding a cdsa drug for you and they know it’s cdsa drug, then you both are in possession. If the cops raid your grandma’s house and you stores cdsa drugs there, she will not be convicted.
Knowledge of the drug: you just have to know it’s a controlled substance, not what it is specifically to be convicted.
Judges sentence more harshly depending on drug type. Ex if there are current anti meth events or media, worse sentence.
Possession of methadone/opioid agonist treatments (OAT):
Initial meeting with a judge after arrest is a bail hearing.
To get bail:
Conditions can prevent you from owning a cell phone.
Causing death by criminal negligence and manslaughter for giving drugs to someone who overdosed. rare. Can be convicted if you and a friend are shooting up together and you shoot them up at their request and then they die. Accidentally bringing a drug that contains fentanyl and your friend dies. Harsher punishment if accused is much older than decreased or if deceased is not much of a drug user.
Crown can withdraw some charges but keep others.
A guilty plea only may help improve sentencing. If pleading guilty better to do it before the trial.
Didn’t type up schedule 1-7 drugs pg 38, 39 Schedule 1: opioids, meth, Adderall, ghb, methadone, MDMA Schedule 2: synthetic cannabinoids, most cannabis is regulated by the cannabis act now. 3: shrooms, lsd 4: zolpidem, steroids, benzodiazepines 5: not in the book if it exists 6: ingredients to manufacture drugs 9: manufacturing equipment ex machines to fill pills
Selling other medications like idk ibuprofen could be a civil matter where the gov might issue a large fine against you and failure to pay the fine results in conviction.
Sentencing - court determines punishment, ex prison, fines
If your lawyer and prosecutor agree on a specific sentence during a guilty plea, judge will most likely accept that, but judge doesn’t have to.
Types of sentences: un/conditional discharge, fine, suspended sentence with probation and conditions (ex community service, rehab) imprisonment in institution or in community.
Being guilty can have other effects like travel ban to USA.
Sentencing considers: type and context of offence, circumstances of arrest, criminal record/priors, first charge for this kind of offence, current situation, level of detail and assurances in rehab plan, are there victims, prosecuted as summary or indictable offense. Unofficially judge considers bias like being anti-sex worker.
Prosecuted for either indictable offense or summary offense. sometimes the law decides which, sometimes prosecutor does. Determines max sentence and severity judge will serve.
Indictable offense - more serious. Some crimes are always indictable. Summary - less serious
Aggravating factors - reasons court gives harsher sentence:
Mitigating factors - reasons court gives better sentence:
Mandatory minimum sentences, Mms.
Since 2012 Mms higher and a bunch of drugs moved up in schedule
Impact of race and culture assessment IRCA:
Stimga = negative stereotypes
Ppl who use drug usually get worse treatment from justice system.
If you participate in a treatment program pre sentencing, it can reduce your sentence or/and delay legal proceedings. Court needs to recognize its value and legitimacy. Court can also force you to attend a program of their choosing which can be like prison-lite. You can propose your plan to the court.
Special tribunals in mtrl regulate the provincial court treatment programs.
Many sex workers gain access to new resources and opportunities which can allow them change their condition and protect themselves. Anti sex worker laws deny them of this and their agency.
Drug addicts and sex workers are constantly stimgatized especially if they do sex work and use drugs.
Sex workers: Try to represent as a victim for a reduced sentence:
If you are between 12-17 YO:
Police can charge you for possession of a weapon of they find a scissors or pocket knife
If police find you with a gun, they can easily give you 3 yrs. Weapons bans are 10 yrs.
worse charges for drug trafficking if offence happens near school or other place frequented by minors, or on correctional facility grounds, or in a gang, setting traps, using someone else’s building, creating hazards in a residential neighborhood
Indictable offence usually don’t have fines associated with them.
Cannabis act (CA)
Illicit cannabis is illegally obtained cannabis. It doesn’t have the gov stamp of approval
Some ppl give a fake name to cops bc risk of being identified is worse than the risk of obstruction. If you give police a fake address, they might mail court papers to that address and you won’t be able to receive them. If you give the cops a fake name and need to retract it, try to say it’s a “nickname but my legal name is x”
While detained, you can try asking a guard or lawyer if you can use your phone to get phone numbers, usually they’ll say no. Guards will be able to read your phone while this happens. Memorize the numbers of potential sureties.
Don’t have incriminating evidence about yourself or your associates
Drug use equipment:
Being stopped and questioned:
Warrants apply country wide
You can negotiate conditions, like if banned from an area but have dr appointments there. Lawyer can do this.
If cops question you or tell you to go with them:
Police legally have to wear badge number and name tag and have to identify themselves if you ask them to
After abusive police interaction, note down: - when, where event happened
If cop grabs you and you pull away they might try to charge you with assault of an officer
Prep for dealing with police:
Good Samaritan overdose act (Good Sam law):
Security guards, transit officers, etc:
Driving a vehicle:
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Santini, Tara (2021). Read between the lines. Montreal, Quebec, Canada: Stella, l’aime de m’aimie.