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Drug Production

The Charge

It is an offence to produce any of the substances listed in the Schedules of the Controlled Drugs and Substances Act. Likewise, it is an offence to produce cannabis not as authorized by the Cannabis Act.

To “produce” means to obtain a substance by any process or method, and includes:

  • Synthesizing, manufacturing or using any method in order to alter the physical or chemical qualities of a substance;
  • Harvesting, cultivating or growing the substance or any living organism that the substance can be derived or extracted from.

Because of the large quantities of the controlled substances and the actual or potential large financial gain that is associated with distribution of the substance, potential sentences are serious upon conviction. Courts generally sentence those convicted of drug production to incarceration, sometimes involving lengthy penitentiary time. Maximum sentences for hard drug production offences are for up to imprisonment for life.

The Investigation

Typically, police begin targeting a suspected drug producer or place based on information provided through a tip from a third party. For example, a neighbour who observes suspicious activity – people coming and going, smells, noises or evidence of property being fortified. In order to search the property, police have to present information to a judge or justice that outlines the reasonable and probable grounds that the officer believes support the granting of a warrant to search. Often, police will seek to add evidence to the tip and will conduct further independent investigations on the suspected drug production operation. This might include the police conducting surveillance of suspected producers or seeking and obtaining wiretap warrants to intercept private communications of suspects.

Recent Successes

R. vs. C.L. – Civil Fraud Investigation

Charge: Fraud/Theft from employer.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to negotiate repayment on our client's behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

R. vs. L.M. – Vancouver Provincial Court

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client succesfully completing the Alternative Measures Program. No criminal record.

R. vs. B.L. – New Westminster Supreme Court (jury).

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.

R. vs. D.D. – Vancouver Provincial Court

Charges: Fraud Over $5000; Theft Over $5000 (from employer).
Issues: Whether Crown counsel could prove the full amount of the alleged theft and whether our client would be sentenced to jail in this breach of trust case.
Result: Mr. Mines was able to persuade Crown counsel that they could only prove a $49,000 theft rather than the $75,000 allegation. After hearing Mr. Mines' submissions, the Court sentenced our client to an 18 month conditional sentence order. No jail.

R. vs. W.W. – North Vancouver Provincial Court

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. H.K. – Burnaby RCMP Investigation.

Charges: Mischief Under $5000.
Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.
Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier  persuaded police to not forward any criminal charge whatsoever.

R. vs. H.S. – Vancouver Provincial Court

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. K.J. – ICBC Fraud Investigation

Charges: Insurance (ICBC) Fraud.
Issue: Whether charges would be forwarded to Crown counsel.
Result: Mr. Gauthier  intervened with the ICBC investigator on our client's behalf and was able to clarify and explain the information that ICBC had flagged as being possibly fraudulent. The matter was resolved with no charges being forwarded to Crown counsel. No prosecution; no criminal record.

R. vs. M.H. – Employee Fraud Investigation

Charges: Theft from Employer.
Issue: Whether the complainant would proceed with a criminal complaint when they discovered $65,000 in fraudulent transactions purportedly committed by our client.
Result: Mr. Johnson was able to successfully negotiate a civil settlement on our client's behalf. No police investigation; no charges; no criminal record.

R. vs. A.C. – Richmond Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings upon our client completing the Alternative Measures Program. No criminal Record.

R. vs. N.A. – Vancouver Traffic Court

Charges: Speeding (MVA).
Issue: Whether the police officer could prove that our client was speeding, and whether it was in the public interest to proceed with the trial.
Result: Mr. Gauthier was able to provide information to the police investigator that led to the officer withdrawing the violation ticket prior to the trial. The lack of this conviction prevented our client from a significant driving prohibition.

R. vs. K.B. – Vancouver Provincial Court

Charges: Aggravated assault; assault with a weapon.,br> Issue: Given the information Mr. Johnson was able to provide to Crown counsel, whether it was appropriate to contnue with the prosecution on the approved charges.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of assault causing bodily harm. After hearing Mr. Johnson's submissions on our client's behalf, the trail judge sentenced our client to a suspended sentence with 24 months probation. Our client was able to avoid a lengthy jail sentence.

The Defence

Unreasonable Search

As experienced drug lawyers, we will analyze the facts of your case and the actions of police to determine whether the search and seizure was, in fact, conducted lawfully, as authorized by the Charter. Where police have violated our client’s rights by conducting a search without having reasonable and probable grounds, we will apply to the court to have the drug evidence excluded from the trial under s. 24(2) of the Charter. The general idea is that when police obtain evidence from an unlawful search that has violated our client’s Charter rights, the court ought to see that evidence as “tainted” and that its admission into the trial record will “bring the administration of justice into disrepute.” Without the admission of the drug evidence, the court will find that there is insufficient evidence to convict.

Lack of Possession

In order to prove that a person produced illicit drugs, the Crown must prove that the accused possessed the drugs. This may be problematic in situations where the accused is not found in the production facility. A very viable defence to a drug production charge is to show that our client did not consent to, have knowledge of, or have control over the drug. This may involve adducing evidence that our client did not know that the drug was, in fact, a controlled substance. It may involve showing that our client had no control over the place in which the drugs were found. As experienced defence lawyers, we understand the Crown’s burden in proving that an accused had the requisite knowledge and control of the substance to be convicted. We are dedicated to holding the Crown to the high standard that the law requires when prosecuting drug offences. We are committed to defending our client’s rights as guaranteed by the Charter.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.