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Drug Possession Charges

Drug Charge Lawyers

Our lawyers remain informed of the new amendments to the cannabis use regulations.

Drug related criminal charges vary greatly. The type of charge and potential consequences differ depending on the type and quantity of the drug. The skillful lawyers at Roulston Urquhart Criminal Defence will explain your circumstances and provide reliable guidance throughout the court process.

There are many types of drug-related charges under Canadian criminal law. This includes possession, trafficking, production and importation. Individuals accused of a drug specific criminal offence may also be facing additional charges such as possession of a firearm.

If you have been charged, our lawyers at Roulston Urquhart Criminal Defence will explain your options moving forward. We rely on our many years of legal experience and strong negotiation skills to achieve the best outcome possible for clients.

At Roulston Urquhart Criminal Defence, we skillfully navigate this complex and rapidly evolving area of law. We focus on protecting your rights and interests throughout the process to ensure you receive the most favorable result.

Questions

What are different types of drug charges?

The drug related charge that an individual may face is dependent on the type and quantity of the drug. Our lawyers are knowledgeable concerning all recent developments in this area of law to ensure your matter is defended with the greatest accuracy. Our lawyers at Roulston Urquhart Criminal Defence have defended all types of criminal charges for drug related offences. This includes:

  • s.4(1) simple possession
  • s.5(1) drug trafficking
  • s.5(2) possession for the purpose of trafficking
  • s. 6(1) importation
  • s. 6(2) exportation
  • s.7 production of controlled substances that include marihuana grow operations and production in a “drug lab”

Our lawyers have also defended every type of drug case in a variety of quantities. These drugs include:

  • Crack and powder cocaine
  • Heroin
  • Ketamine (Special K)
  • Designer drugs such as MDMA (ecstasy)
  • Party drugs such as GHB (gamma hydroxybutyrate) or Liquid Ecstasy
  • Opiates, such as morphine and fentanyl
  • Methamphetamine (meth)
  • Marijuana (pot)
  • Hashish
  • Psilocybin Mushrooms
  • Hallucinogenic drugs such as LSD, PCP (angel dust)
  • Prescription drugs
  • Khat

What are my potential defences for a drug- related criminal charge?

Files involving drug related charges are often highly intricate. Defending these types of criminal charges requires superior knowledge of the Controlled Drugs and Substances Act, the Criminal Code of Canada as well as the Canadian Charter of Rights and Freedoms.

During the court procedure, the Crown must prove that the substance found was an illegal drug. This is done by issuing a certificate. Our experienced lawyers are skilled at identifying potential issues with this certificate and explaining to you the impact these arguments may have in your defence. Further defences include analyzing the continuity of the drug during the search and ensuring that the proper procedure was followed in determining the nature of the drug seized.

There are several types of defences that may be raised against drug related charges. Many files are based upon evidence obtained through a search warrant, the use of wiretaps or undercover techniques. These strategies are subject to scrutiny under the Canadian Charter of Rights and Freedoms. Evidence that was collected during a police technique which infringed upon your Charter rights may be removed from the Crown Prosecutor’s argument.
If you have been charged with a trafficking offence, the police may have obtained evidence to prove your identity through surveillance. In certain circumstances, improper identification can result in a withdrawal or an acquittal.

Our lawyers at Roulston Urquhart Criminal Defence will analyze your file to consider all possible defences to the accusations. For instance, if the alleged drugs were found in a vehicle, we will consider if you were the registered owner or if other individuals had access prior to the search. As well, if the alleged drugs were found inside your home, we will consider if other members of your residence were present at the time the drugs were found. These defences are not an exhaustive list but include insight into some of the many ways in which your lawyer at Roulston Urquhart Criminal Defence will challenge the validity of the charges against you.

What if my rights under the Charter of Rights and Freedoms were violated during my arrest?

Your lawyer at Roulston Urquhart Criminal Defence will thoroughly analyze your case and always seek to find a Charter issue to defend you against a drug charge and have evidence excluded at trial. The police may have violated the Charter rights of the accused while obtaining evidence such as when executing a search warrant in your home. Your lawyer will carefully review and analyze the search warrant to determine if it was granted in error. We are experienced and diligent in preparing Charter applications to ensure that your matter is properly defended and your Constitutional rights are protected.

What happens if I am found guilty of a drug related offence?

The consequences of being found guilty of a drug related offence will vary greatly on the quantity and type of drugs allegedly found in your possession. As well, your personal circumstances and any potential criminal record may influence the final result. Some offences carry a mandatory incarceration period while others may include a fine or probation period. Our lawyers have successfully handled cases in which various amounts of drugs have been found for all types of narcotics.

It is in your best interest to seek the seasoned legal advice of the lawyers at Roulston Urquhart Criminal Defence as there can be a high likelihood of some form of sentence which includes incarceration. This may even involve time spent in a Federal prison.

How will a drug conviction affect my life?

In most cases, a criminal conviction of a drug related charge may limit your ability to travel. The United States border has strict policies and will readily refuse to admit individuals with drug-related convictions.

Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.

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R v L.S. [Lethbridge Provincial Court]

Offence: Suspected possession and importation of methamphetamine.

Result: Charges withdrawn.


The client was a US citizen arrested at the border for suspected possession and importation of methamphetamine, contrary to section 6(1) and 4(1) of the Controlled Drugs and Substances Act. While he had his release in criminal court he was being detained by immigration until the conclusion of his matters. The client maintained his innocence and Robin was able to negotiate the withdrawal of the charges. The client returned back to his home in the United States and was able to continue working.

R v A.A. [Calgary Provincial Court]

Offence: Possession of a controlled substance for the purpose of trafficking.

Result: Plead guilty to one count of simple possession.


The client was charged with possession of a controlled substance for the purpose of trafficking. The matter was set for a five-day trial in the Court of Queen’s Bench, until after Robin discussed triable issues with the Crown. The client chose to re-elect to Provincial Court and plead to one count of simple possession, and ultimately avoided a lengthy jail sentence.

R v G.L. [Lethbridge Provincial Court]

Offence: Possession of fentanyl and methamphetamine for the purpose of trafficking.

Result: Plead guilty to two counts of simple possession.


The client was charged with two counts of possession of fentanyl and methamphetamine for the purpose of trafficking. After Robin discussed a resolution position with the Crown, the client plead guilty to two counts of simple possession, thus avoiding a lengthy jail sentence and simply paying fines.

R v L.E. [Stony Plain Provincial Court]

Offence: Impaired Driving, Drug Possession

Result: Charges Withdrawn


The client was charged with impaired driving and possession of a controlled substance, marijuana. Tonii Roulston set the matter for trial and filed an application arguing that the investigating officer breached the clients Charter protected rights. The charges were withdrawn and the client received no conviction and no criminal record.