Cannabis (marijuana) is currently a prohibited substance because it is a controlled substance under Schedule II of the Controlled Drugs and Substances Act . It is therefore forbidden at present to have in possession, to have in possession for the purpose of trafficking, to import / export or produce. For example, if the police seize cannabis during a search (or search) on your person or in a place where you have control, you will be arrested and criminally prosecuted.
As of today, Canada's Minister of Justice, the Honorable Jody Wilson-Raybould, wants to decriminalize simple possession of cannabis and thereby change the regulation of production, distribution and sale. The legislative vehicle that will make these changes is Bill C-45 from the first session - 42nd Parliament.
The amendments to this bill will not go so far as to decriminalize possession for the purpose of trafficking, importing, exporting or producing cannabis. Import / export and production may be lawful for a person provided that they have obtained authorization under the new Cannabis Act .
According to the government, Bill C-45 would have multiple objectives. On the one hand, it would aim to "restrict young people's access to cannabis" and, on the other hand, "protect public health and safety through the establishment of strict safety requirements. and the quality of products and discourage criminal activity by imposing significant criminal penalties on persons acting outside the legal framework ". In addition, it would aim to "lessen the burden of the criminal justice system with respect to cannabis".
In the world of criminal law (and for criminal lawyers), we can say that the legalization of cannabis will have a significant impact. However, it is difficult to predict all the effects
CANNABIS USE AND VEHICLE DRIVING MOTOR
As of today, Canada's Minister of Justice, the Honorable Jody Wilson-Raybould, wants to decriminalize simple possession of cannabis and thereby change the regulation of production, distribution and sale. The legislative vehicle that will make these changes is Bill C-45 from the first session - 42nd Parliament.
The amendments to this bill will not go so far as to decriminalize possession for the purpose of trafficking, importing, exporting or producing cannabis. Import / export and production may be lawful for a person provided that they have obtained authorization under the new Cannabis Act .
According to the government, Bill C-45 would have multiple objectives. On the one hand, it would aim to "restrict young people's access to cannabis" and, on the other hand, "protect public health and safety through the establishment of strict safety requirements. and the quality of products and discourage criminal activity by imposing significant criminal penalties on persons acting outside the legal framework ". In addition, it would aim to "lessen the burden of the criminal justice system with respect to cannabis".
In the world of criminal law (and for criminal lawyers), we can say that the legalization of cannabis will have a significant impact. However, it is difficult to predict all the effects
CANNABIS USE AND VEHICLE DRIVING MOTOR
As part of this major reform, the Government of Canada has also decided to proceed with Bill C-46. This bill will significantly change the offenses related to the driving of motor vehicles with impaired abilities by drugs or alcohol. What are the purposes of such amendments to the Criminal Code on the offense of impaired driving? The Minister of Justice's Bill C-46 states, among other things, that it aims to strengthen the powers of police officers (peace officers) and to better equip them to detect cases of impaired driving. This reinforcement of police powers is of concern to us and could have a considerable impact on individual and fundamental rights.
Currently, it is prohibited under section 253 of the Criminal Code to drive a motor vehicle while we have been using drugs (or alcohol) and our ability to drive a vehicle is impaired by the same drug. Bill C-46 will create new offenses. The offense of impaired driving ability will now be provided for in section 320.14 of the Criminal Code .
The police will now have greater powers during an interception to determine if a person has intoxicants in his or her body. If they have reasonable grounds to suspect the presence of drugs in a driver's body, the police will now be able to order a saliva sample at the roadside. A presence of as little as 2ng / ml of THC blood in the body will give rise to a criminal charge.
At our criminal lawyers' office, we do not forget that citizens have the right to protection against arbitrary arrests, that is to say without or with very little motive. When police intercept a vehicle or arrest an individual, the courts must generally relay on the testimony of the police. In Canada and Quebec, cases where physical evidence, video recording, are rare. If the evidence is based solely on the testimony of one or two police officers, there may be insufficient evidence to convict you. A conviction for driving with impaired alcohol or drug abilities gives rise to several consequences: criminal record, fine, complete driving prohibition, possibility of driving with the installation of an alcohol ignition interlock device, etc.
Perhaps your arrest for narcotics or impaired driving was illegal or arbitrary. Do not hesitate to contact professionals like us, criminal lawyers. You have the right to be defended and understood. We are thorough criminal lawyers, on the lookout for recent case law in this area. We have successfully defended people who have been arrested with impaired abilities by alcohol or drugs. There are defenses for you. We are defense lawyers ready to help you.
Currently, it is prohibited under section 253 of the Criminal Code to drive a motor vehicle while we have been using drugs (or alcohol) and our ability to drive a vehicle is impaired by the same drug. Bill C-46 will create new offenses. The offense of impaired driving ability will now be provided for in section 320.14 of the Criminal Code .
The police will now have greater powers during an interception to determine if a person has intoxicants in his or her body. If they have reasonable grounds to suspect the presence of drugs in a driver's body, the police will now be able to order a saliva sample at the roadside. A presence of as little as 2ng / ml of THC blood in the body will give rise to a criminal charge.
At our criminal lawyers' office, we do not forget that citizens have the right to protection against arbitrary arrests, that is to say without or with very little motive. When police intercept a vehicle or arrest an individual, the courts must generally relay on the testimony of the police. In Canada and Quebec, cases where physical evidence, video recording, are rare. If the evidence is based solely on the testimony of one or two police officers, there may be insufficient evidence to convict you. A conviction for driving with impaired alcohol or drug abilities gives rise to several consequences: criminal record, fine, complete driving prohibition, possibility of driving with the installation of an alcohol ignition interlock device, etc.
Perhaps your arrest for narcotics or impaired driving was illegal or arbitrary. Do not hesitate to contact professionals like us, criminal lawyers. You have the right to be defended and understood. We are thorough criminal lawyers, on the lookout for recent case law in this area. We have successfully defended people who have been arrested with impaired abilities by alcohol or drugs. There are defenses for you. We are defense lawyers ready to help you.
