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Drug offences
A strong defence lawyer can determine whether your rights were respected during the investigation. Only a trained lawyer can assess the police file in your case to determine the strength of the charge against you, and where your defences might lie.
overview
Drug offences in Yukon are prosecuted under the Controlled Drugs and Substances Act (CDSA).
Drug charges in the Yukon get serious quickly. Drug use is a matter of high public interest in the Yukon due to an unfortunate recent pattern of deaths from using illegal drugs over the past decade, and the alleged involvement of organized crime in the Yukon drug trade.
The most common charges under the CDSA include: possession; possession for the purpose of trafficking; trafficking; production; and importation.
The seriousness of the charge depends on the type and amount of the drug; the role of the person charged in the drug operation, and whether weapons, cash, or organized activity are involved.
Some drug charge files can be straightforward possession matters, but most involve some complex combination of police surveillance and other investigative techniques; motor vehicle stops; and searches of homes, vehicles, and electronic devices (with or without warrant).
possible consequences
At the least serious end, the consequences can range from diversion (out-of-court resolution of your charges) fines, probation, and house arrest. In a case where trafficking or an intent to traffic is alleged, the prosecutor almost always seeks a lengthy jail sentence. Under Canadian law, trafficking or possessing for the purpose of trafficking a Schedule I substance can carry very severe penalties, including a maximum sentence of life in jail in the most serious cases.
A drug conviction can also lead to: criminal record; travel restrictions; employment problems; DNA orders; firearms bans; and and permanent forfeiture of the property used in the offence (vehicles, cell phones, etc.)
If the charge is tied to other offences, such as firearms possession or possession of the proceeds of crime, your legal exposure can increase significantly.
how charges are enforced
Drug investigations in the Yukon may involve traffic stops, search warrants, surveillance, undercover work, K-9 teams, or other searches leading to arrest. Police and the Crown often rely on information found on seized phones, the way drugs are packaged, and the presence of cash and scoresheets to argue possession or trafficking.
Because drug cases often turn on search and seizure issues, the way police obtain the evidence can be just as important as the substance itself. A strong defence lawyer can determine whether your rights were respected during the investigation. Only a trained lawyer can assess the police file in your case to determine the strength of the charge against you, and where your defences might lie.
how whitehorse law can help
Luke can explain the charge and the legal process in plain language, to help you understand the real risks without sugarcoating anything. He will look closely at the stop, search, seizure, and disclosure to see whether the evidence can be challenged.
Whitehorse Law can also negotiate with the Crown, pursue withdrawal or reduction of charges where possible, and prepare a defence that focuses on your best possible outcome. Their approach reflects the seriousness of the charges and centers on making the next right step.