Michael Oykhman
What is drug importing?
In accordance with the CDSA, it is a criminal offence to import or export drugs listed in Schedule I, II, III, IV, V, or VI into or from Canada. It is similarly an offence to possess any of these drugs for the purposes of importing or exporting them. In order for the Crown Prosecutor to prove that you are guilty of this offence, they ...
What is possession for the purposes of trafficking?
Drug trafficking is when an individual is in possession of drugs for the purpose of selling, giving, transporting, sending, or delivering them, or offering to do any of the above. It is important to note that trafficking a substance that is not a drug, but that is held out to be a drug, is also an offence that is punishable in the same way as ...
What is drug possession?
Simple possession is when you are charged with possessing a controlled substance listed in the Controlled Drug and Substances Act (CDSA) without lawful authority.The CDSA is an act that was passed by the federal government in 1996. It provides 8 different Schedules or categories of controlled drugs. If a person is caught to be in possession of one of the drugs listed in the CDSA, ...
A criminal defence lawyer’s top 5 tips for fighting firearms charges
If you suspect that you are being investigated for a firearms offence and the police have asked to search your home or your car, you are under no obligation to consent to the search and should not consent to it unless they present a warrant. If they do enter your home with a weapon, take note of what they do and where they go ...
Can I bring my gun with me when I am visiting Canada?
If you are visiting Canada from another country and would like to bring a firearm with you, there are a number of requirements that must be met. First, you must declare your firearm to border services when you arrive at the border, and you must satisfy them that you are bringing your firearm in for a valid purpose. Some examples of valid purposes include ...
How can I get my firearms charges dropped?
In some circumstances due to the nature of the evidence against you, proceeding to trial may not be your best option because there is a high likelihood that you will be convicted. Yet even then, depending on the nature of your firearms offence, there is still a possibility that you can get your charges dropped without winning at trial. Specifically, if you have been ...
What are the best defences to a firearms charge?
The best defence to your firearms charge depends on the nature of the firearm that was used and on the particular circumstances of your case. However, some common defences that are available to those charged with Use Offences are: You were using your weapon in a manner that met the standard of care expected of you in the circumstances. Criminal liability in use offences ...
How can I get my gun back from the police?
How you get your gun back from the police will depend on whether it was seized for safety reasons, or whether it was seized because it was used in the commission of a criminal offence. When your firearm has been seized for safety reasons, the officer who seized it must make an application to the court within 30 days for an order for the ...
