CDSA: s.5(1) – Trafficking; CC: s.354 – Proceeds of Crime
The police received a tip that my client was selling drugs. Undercover officers contacted my client and made arrangements to purchase one ounce of marijuana from him. My client met the officers, took their money and had them drive him to his alleged dealer’s residence. He went inside, then a short while later, was seen running away out the back door. The police caught him and were surprised to find that he had no drugs on him. Initially, he was charged with Possession for the Purpose of Trafficking, so I tendered a plea of “not guilty,” and scheduled a trial date. Unfortunately, the Crown noticed the error and laid a replacement information properly charging him with trafficking instead.
My client had a lengthy criminal record, and previous drug-related convictions, including one conviction for production. The Crown was seeking jail in the range of 30 to 60 days, but I convinced them to agree to a fine, instead. They sought a fine of $1000, I argued for less, the Court ordered $750, with 6 months to pay.