Drug Crimes

Possession of Heroin and Marijuana

R. v. M.G.
October 2015

M.G. was stopped for speeding. When the investigating officer said he smelled marijuana in the car, M.G. turned over a joint. Arrest for possession of marijuana followed, then a search. A small bit of heroin was found in his wallet. M.G. was charged with possession of heroin and marijuana not to mention speeding.

A permanent resident with no criminal record, M.G. was worried that a heroin possession conviction might lead to jail and impede his application for citizenship.

– Heroin charge withdrawn

I produced medical records for M.G. from Iran proving an old injury to back up his story that the heroin was to self-medicate for chronic pain. That and a $2500 donation to charity persuaded the Crown to drop the heroin charge and take a plea to possession of marijuana for an absolute discharge. The speeding charge was also withdrawn.

Possession of Marijuana for the Purpose of Trafficking

R. v. M.W.
September 2012

– Charges withdrawn

Police said they happened to be behind M.W.’s vehicle when he made a left turn without signaling. Police stopped him and said they smelled “a strong odor of marijuana” emanating from the car window. A small baggie of marijuana was visible on the centre console. Further investigation turned up a few zip-lock bags with marijuana, a grinder and a scale. Amount of marijuana seized: 32.5 grams. In addition to possession for the purpose of trafficking, police charged Mr. W. also with Turn – No Signal contrary to the Ontario Highway Traffic Act.

Mr. W. told me that police had been following him for some distance and that he had been careful to signal his turn. Also, contrary to the police account, he said they strip searched him in public view at the scene of the arrest. I sent the Crown a request for GPS records for the cruiser and computer transmissions that could corroborate Mr. W.’s assertion he had been followed for some time.

RESULT: After receiving my request, the Crown agreed to drop all charges including the Highway Traffic charge upon Mr. W.’s completion of 40 hours of volunteer work.

Possession of Cocaine

R. v. J. H.
November 2011

– Charge withdrawn

J.H. was driving the wrong way down a one-way street in Kensington Market when a group of six police officers on bicycles passed by. One of the officers stopped her and asked for her driver’s licence. While she was getting it, he noticed a half-smoked joint in the ashtray. He had her step out of the car. A search of her purse turned up a baggie containing cocaine.

She was charged with possession of marijuana and cocaine.

A review of the arresting officer’s notebook notes revealed a big difference between his version of events and hers. To investigate what really occurred, I asked the Crown for the notes of the other five police officers.

However, despite numerous requests and the urging of a judge, the Crown failed to provide the notes.

RESULT: Unable to produce them, the Crown withdrew the charge.