Being charged with a drug offence — whether for simple possession, possession for the
purpose of trafficking, or trafficking itself — is a serious matter with life-altering
consequences. At BW Criminal Law, we provide dedicated, strategic criminal defence
for individuals facing drug-related charges across Alberta.
We understand the complexities of Canada’s Controlled Drugs and Substances Act
(CDSA) and the severe penalties that can follow a conviction. Our lawyers bring years
of criminal defence experience, guiding clients through every stage of the legal process
while protecting their Charter rights and seeking the best possible outcome for their
case.
Understanding Drug Possession Charges in Alberta
Under section 4 of the CDSA, simple possession of a controlled substance, including
heroin, cocaine, methamphetamine, cannabis, or other scheduled drugs, is an offence if
the person knowingly has control of the substance without lawful authorization.
- For many Schedule I, II, or III substances, first offences prosecuted by summary
conviction carry fines up to $1,000 and/or up to six months in jail. - Indictable proceedings can result in years of jail for Schedule I drugs such as
heroin and cocaine.
Possession charges also include “obtaining” drugs or authorizations improperly, and the
Crown must prove that the accused had both knowledge of the substances and control
over them.
At BW Criminal Law, we meticulously examine how evidence was obtained and
challenge unlawful searches, seizures, and other procedural errors that can weaken the
Crown’s case.
Drug Trafficking and Possession for the Purpose of Trafficking
Trafficking offences, including selling, giving, transporting, or offering, are among the
most serious offences under the CDSA.
- Trafficking (s. 5(1) CDSA): the delivery or distribution of controlled substances
for commercial purposes. - Possession for the Purpose of Trafficking (s. 5(2) CDSA): the Crown
Prosecution Services must show that the accused possessed drugs with the
intent to distribute, and not merely for personal use.
The penalties for trafficking can be severe — including significant lengths of
imprisonment for Schedule I and II drugs depending on how the Crown elects to
proceed (summary vs. indictment). These high stakes mean that early, effective defence
is critical.
Our lawyers evaluate every element of the trafficking allegations, assess the Crown’s
evidence, and develop defense strategies tailored to the circumstances of your case..
Entrapment and Other Critical Defences
When fighting drug charges, there are legal doctrines and Charter protections that can
significantly impact the outcome:
Entrapment
The concept of entrapment reflects fundamental fairness: police should not induce
someone to commit a crime they otherwise would not have committed.
While entrapment is not a defence raised during the guilt-determination stage, it can
lead to a stay of proceedings or exclusion of evidence after a finding of guilt if police
conduct is shown to be abusive.
Entrapment arguments require expert analysis of police conduct in investigations,
particularly where undercover operations or inducements are concerned. Our firm has
substantive experience identifying and litigating entrapment and related abuse of
process issues.
Charter Rights Violations
If law enforcement breaches an accused’s Charter protections (e.g., unlawful search
and seizure, failure to advise of the right to counsel), critical evidence may be excluded
and charges weakened or dismissed.
Challenging the Crown’s Evidence
Even when police have followed procedure, the defence can challenge aspects of the
prosecution’s case such as:
- Chain of custody for drugs and exhibits
- Agent reliability and scientific testing
- Proof of knowledge and intent
We scrutinize every piece of evidence to identify weaknesses and protect your rights.
Why You Need Experienced Legal Defence
A drug conviction can result in significant jail time, a permanent criminal record, loss of
employment or travel privileges, and long-term personal and professional
consequences.
Our attorneys work tirelessly to:
- Assess the viability of early resolutions and diversion programs when
appropriate. - Assert Charter challenges to preserve your rights.
- Craft nuanced defence strategies that address the unique aspects of your case.
- Represent you vigorously in bail hearings, trial, and sentencing.
Get the Defence You Deserve
If you or someone you care about is facing drug possession or trafficking charges in
Alberta, don’t wait. Contact BW Criminal Law for a free, confidential consultation. We
will explain your rights, review your case, and help you navigate the criminal justice
system with confidence and clarity.
Call us today or submit an online form to secure experienced defence counsel
committed to achieving the best possible outcome on your behalf.