Defending drug offences can be very complicated because the case usually relies heavily on police witnesses, search warrants, and defences often rely on making legal arguments relying on the Charter of Rights and Freedoms.
Types of Defences
There are a number of defences to drug offences, but they are often complicated and technical
Defences we have successfully pursued include:
- police didn’t get the right person
- the person did not have knowledge of the drug
- the person did not have control over the location where the drug was found
- the drug found is not real
- there was no agreement to traffic
- there was no agreement to participate in joint venture
- there was no aiding or abetting the offence
- it was someone else’s drugs
- the police violated the accused’s rights
It would be uncommon to raise each of these defences in a single case, and whether to raise the defence is a case-specific decision.