drugs

Lifetime Ban For Crossing the U.S. Border with CBD Oil Reversed

Written on Behalf of Affleck & Barrison LLP

The United States Customs and Border Patrol has reversed its decision to ban a Canadian woman entry to their country for her lifetime after United States border protection agents discovered cannabidiol (CBD) oil in her backpack.

WHAT HAPPENED?

According to reports, the woman, a 21-year-old Ontario University student who wants to remain anonymous, was pulled aside for a secondary check when she attempted to cross the border into the U.S. at Blaine, Washington in August, 2019.  She was travelling to a friend’s cabin.  The woman was asked if she had any “leafy greens”, to which she responded “no”.  

The woman told CBC News:

I said no because, to me ‘leafy greens’ is like marijuana, the actual bud, things that you smoke, recreational drugs.  I use CBD daily and it’s not psychoactive, it can’t get me high at the dosage that I’ve been told to take it at.

The woman was searched by border patrol and a bottle of CBD oil was found in her backpack.  She admitted that she knew that joints were prohibited at the border and there were many signs warning travellers not to enter the U.S. with such substances.  However, she believed that it was permissible to travel with CBD oil as she did not realize the same rules applied to it and as the oil is legal in both Washington state and British Columbia.

CBD oil is a non-psychoactive product of the cannabis plant, which is used by many to help regulate bodily functions, including pain.  It has been reported that the woman uses CBD oil to treat the painful side effects of scoliosis (a condition wherein the spine twists and curves to the side). 

The woman received a $500 US fine for not disclosing that she was carrying CBD oil, she was fingerprinted and she was denied access to the U.S.

In order to gain admission into the U.S., the woman must apply for a special waiver through a new online portal called e-SAFE, which will cost $600.  The U.S. government also requires a criminal record check from the RCMP, letters of reference, a letter of remorse for past wrongs, proof of employment and documentation detailing an individual’s residence and work history.

DECISION REVERSED

Late last week, the woman learned that the United States had reversed their order banning her from entering the U.S. for her lifetime and she would not need to apply for a waiver.  No explanation was given to explain this surprising decision.

In an email to CTV News Vancouver, U.S. CBP spokesperson Jason Givens (“Givens”) advised that Customs and Border Patrol management reviews all cases in which “travellers are deemed inadmissible”.  According to Givens:

In this particular case, management determined that it did not meet the terms of inadmissibility.  In some instances, decisions about admissibility may be changed upon further review and presentation of additional information, verification of further evidence, etc.  It is important to note, however, that all cases are unique and travellers are strongly encouraged to not attempt to cross the border with marijuana and products derived from marijuana.

CANADIAN BRETT HEUCHERT ALSO GIVEN A LIFETIME BAN

In early August, 2019, Brett Heuchert, a Canadian citizen living in Japan landed at Seattle’s Sea Tac International Airport from Tokyo.  He was randomly selected for additional screening.  U.S. Customs and Border Protection agents searched his bags and found two bottles of CBD oil.  They suspected that the oil contained tetrahydrocannabinolin (also known as THC, the psychoactive constituent of cannabis)  After testing, it was determined that one of the two bottles had tested positive for THC (the psychoactive agent found in marijuana).  Heuchert believed that he could bring the CBD oil across the border because marijuana was legal in the state of Washington.

Heuchert was given the choice of either being deported back to Japan or to Canada.  The CBD oil was confiscated and he was issued a $500 US fine and a lifetime entry ban to the U.S. 

Heuchert was deported to Canada and the border agents returned the bottle of CBD oil that tested negative for THC.  When he arrived at Vancouver International Airport, Canadian Border Services Agency agents detained him and confiscated his bottle of CBD oil.  However, he was not arrested or charged. 

CONFUSION SURROUNDING CROSSING THE BORDER WITH MARIJUANA

According to CBC News, thousands of Canadians have been denied entry to the U.S. for admitting that they have smoked marijuana once in their lives. 

Although some U.S. states have legalized marijuana, cannabis possession remains a federal criminal offence and a controlled substance under U.S. federal law.  The U.S. border is governed by federal law.  Thus, travellers are prohibited from bringing cannabis or any related products across the border. 

According to Washington state immigration lawyer Len Saunders, who represents both individuals facing a lifetime ban from the U.S.:

There seems to be a lot of confusion with Canadians entering the U.S. with regards to CBD and THC and all the derivatives from marijuana.  From my experience, if anything is coming from the marijuana plant, even it it’s an oil or a gummy candy, it seems to be grounds not only for inadmissibility and fines…but also a lifetime ban. …  Even though she made an honest mistake, if the officers deem that she has a controlled substance with her, and she admitted to it, then she’s inadmissible for the rest of her life.  Even if she gets a waiver approved, she’ll still have to go through a renewal every year, two years or five years.

It is recommended that all travellers leave their cannabis products, including those that contain THC or CBD, at home.  The Canada Border Services Agency has a new cannabis slogan, which reads “Don’t bring it in.  Don’t take it out.” 

If you or a loved one have been charged with a drug related charge or have any questions concerning your legal rights, please contact the experienced criminal defence lawyers at Affleck & Barrison LLP online or at 905-404-1947.  We maintain a 24-hour call service to protect your rights and to ensure that you have access to justice at all times.

Government Announces Legislation to Pardon Pot Possession

Written on Behalf of Affleck & Barrison LLP

On March 1, 2019, the Minister of Public Safety and Emergency Preparedness Ralph Goodale announced new legislation proposed to allow those previously convicted of simple marijuana possession to be pardoned once their sentence is complete.

The Trudeau government introduced Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, which would amend the Criminal Records Act.

According to Border Security and Organized Crime Reduction Minister Bill Blair, there are approximately 400,000 Canadians with criminal records for simple possession. However, the government expects that there are between 70,000 to 80,000 Canadians eligible to apply for the streamlined pardon process.

WHAT IS BILL C-93?

Bill C-93 proposes to allow those formerly convicted of simple cannabis possession in Canada to apply for a pardon, or record suspension, once their sentence has been served. This proposal will also allow for both the fee ($631) and the five to ten year waiting period to be waived. All individuals would be eligible to apply even if they are not a Canadian citizen or resident of Canada.

The government is hopeful that the elimination of the stigma of a criminal record, in addition to the fee and waiting period for those who have completed their sentence and proven themselves to be law-abiding citizens, will likely increase opportunities for all Canadians.

The Honourable Ralph Goodale describes the proposed legislation as “unique and historic” and stated:

The Cannabis Act’s coming into force marked an important step in the process of legalizing, strictly regulating and restricting access to cannabis in Canada. This proposed legislation will help eliminate what are disproportionate consequences, and reduce barriers to reintegration for Canadians convicted only of simple cannabis possession.

The proposed law would apply to those convicted of simple possession. This refers to those charged with possession of cannabis for personal use, with no intent to traffic (to sell, administer, give, transfer, transport, send or deliver).

The proposed pardon, otherwise known as a record suspension, allows those that have completed their sentence and after they have proven to be law-abiding citizens to have their criminal record removed from the Canadian Police Information Centre database. However, it will not erase the conviction entirely (expungement), but will keep the record separate from other criminal records. The pardon could be reversed if the individual is convicted of new crimes or is “found to no longer be of good conduct”.

A pardon will allow those convicted of simple possession to access educational and employment opportunities, volunteer in their communities, and reintegrate into society.

According to the Honourable Bill Blair, Minister of Border Security and Organized Crime Reduction:

Ensuring timely access to pardons for individuals previously convicted only of simple possession of cannabis will help make things fairer for these Canadians – including visible minority communities, Indigenous communities and those in our most vulnerable neighbourhoods – who should have greater access to employment, volunteering opportunities, educational programs, and housing.

CRITICS ARGUE FOR EXPUNGEMENT

The NDP justice critic Murray Rankin is attempting to improve the proposed bill by pushing for the expungement of cannabis records, rather than the suspension of records for simple possession. An expungement of a criminal record would completely destroy or remove the record of a conviction. Expungement also protects individuals against a future government that may reverse the amnesty proposed by the current government.

MP Rankin had previously tabled a private member’s bill last fall, which we addressed in an earlier blog.

Akwasi Owusu-Bempah, a University of Toronto sociologist, does not believe that the new bill goes far enough. According to Owusu-Bempah, young people over the last 15 years, especially those of colour, have been overrepresented in arrest statistics involving marijuana. However, his research indicates that those that are black, white and Latino in Toronto consume cannabis at approximately the same rate. He believes that destroying cannabis-possession records entirely is the only way to recognize the “profound historical injustices that have stemmed from the war on drugs and cannabis prohibition in particular, especially how those have affected both marginalized and racialized populations”.

MP Goodale defends the government’s position to allow pardons and not expungements by stating that expungements of a criminal record are only applicable for convictions under laws that have been declared unconstitutional, such as the prohibition of same-sex relations. He also maintains that the proposed pardon process is cheaper and faster than expungement.

We will continue to provide updates in this blog regarding the law with respect to criminal records for simple cannabis possession.

In the meantime, if you are facing drug related charges or have any questions concerning your legal rights, please contact Affleck & Barrison LLP online or at 905-404-1947. We maintain a 24-hour call service to protect your rights and offer a free consultation. Trust our experienced lawyers to handle your defence with diligence and expertise.

Judges Respond to Opioid Deaths on the Rise in Canada

Written on Behalf of Affleck & Barrison LLP

Canada, amongst other countries, is facing an opioid crisis. Between January 2016 and June 2018 more than 9,000 Canadians died from the use of opioids. The Public Health Agency of Canada reports that opioid overdoses are increasing in our country.

Opioids are medications that can relax the body and help relieve pain, such as fentanyl, morphine, oxycodone, and hydromorphone. Opioids are drugs that can affect your mind, mood, and mental processes, which may bring about the feeling of being euphoric or “high”.

In Canada, the majority of those that have accidentally died as a result of opioids (72%) have involved fentanyl, a highly potent and addictive opioid. Fentanyl is considered up to 100 times stronger than morphine and is often mixed into opioids sold on the street. Therefore, users do not know the potency of the drugs that they are ingesting.

Canadian judges are well aware of the opioid crisis in this country and are therefore handing down harsh sentences to those found to be trafficking and importing fentanyl.

THE CASE OF PHARMACIST WASEEM SHAHEEN

In March, 2018, an Ottawa pharmacist, Waseem Shaheen (“Shaheen”), was sentenced to 14 years in prison for dealing fentanyl out of his pharmacy. Shaheen was found to be responsible for trafficking more than 5,000 fentanyl patches (street value of more than $1,000,000).

Shaheen was involved in an elaborate scheme, which even involved faking a robbery at his own pharmacy. He was found guilty of trafficking fentanyl, public mischief for reporting a fake crime to police, and insurance fraud.

Ottawa Police Detective Guy Seguin stated,

I think the sentence is a clear message…. Hopefully a clear deterrent in the court that the justice system takes this very seriously, and hopefully other professionals like Mr. Shaheen will not be involved in trafficking fentanyl.

Justice Wadden, when handing down this harsh sentence, stated,

Mr. Shaheen is not an addict. None of the fentanyl was for his own use. His only apparent motivation was greed. As a trained professional, he would have been aware of the debilitating and deadly effects of this drug in the hands of addicts. Yet he conducted a drug trafficking scheme worth over a million dollars, profiting on the misery of others.

Shaheen was stripped of his pharmaceutical license and lost all three of his Ottawa pharmacies. However, he has not begun serving his sentence as he is appealing his conviction.

THE CASE OF ASHLEY BRODERICK

Ashley Broderick (“Broderick”), a woman from Kitchener, pleaded guilty to conspiracy to traffic fentanyl. She was one of 14 people arrested as part of a lengthy police investigation called Project Titus, which concluded with the confiscation of 1.5 kilograms of powdered fentanyl found under a bed in her home. The fentanyl had a street value of $450,000 and 398 grams of methadone were also seized, with a street value of $11,500.

Broderick was discovered to be the second in command of an organization that sold fentanyl, methadone, and cocaine throughout southwestern Ontario. When Broderick was arrested, she was found with $2,900 cash, two cellphones, and a debt list. Police also found that she had two hotel room keys, and uncovered 21 grams of fentanyl and debt lists showing hundred of thousands of dollars in drug transactions in one of the hotel rooms.

In April, 2018, Justice Craig Perry sentenced Broderick to 13 years in prison stating that the sentence needed to reflect the seriousness of the crime. He emphasized that the primary principles of sentencing were denunciation and to deter others from committing similar crimes. At the time, this was the stiffest fentanyl sentence for trafficking handed down in Ontario.

THE CASE OF BARNA OLVEDI

The stiffest fentanyl sentence in Ontario was handed down by Justice Petersen in November, 2018. Barna Olvedi (“Olvedi”) was sentenced to 15 years in prison for importing and 12 years concurrent for trafficking fentanyl. Olvedi was found to have imported 499.5 grams of 100% fentanyl from China, which would have a street value of at least $14.9 million.

In his reasons for sentence, Justice Peterson stated:

Mr. Olvdei’s offences are extremely serious. He was not only in possession of a large quantity of pure fentanyl citrate for the purpose of trafficking, he also imported it into Canada from overseas. … I have concluded that a sentence of 15 years imprisonment is proportionate to the gravity of the offence and Mr. Olvedi’s degree of personal responsibility and moral blameworthiness. This sentence satisfies the principle of restraint and achieves parity with sentences imposed on other offenders w ho committed similar crimes in similar circumstances, though there are no other cases in which the circumstances involved importing a large quantity of 100% pure fentanyl citrate.

As both the Canadian government and the judiciary respond to the opioid crisis in Canada, Affleck & Barrison LLP will continue to provide updates through this blog.

If you are facing a drug related charge or have any questions regarding your legal rights, contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week.

Study Finds Steep Rise in Opioid-Related Deaths in Ontario

Written on Behalf of Affleck & Barrison LLP

Canada is confronting a national opioid crisis. The increasing number of overdoses and deaths caused by opioids is causing a national public health disaster. In fact, in Ontario the overall rate of opioid-related deaths nearly tripled from 2000 to 2015.

A new study by researchers at St. Michael’s Hospital in Toronto reviewed all deaths in Ontario in which prescribed or illegal opioids were found to be a contributing factor between 2000 to 2015. The study found that there were 7,719 opioid-related deaths during that time period.

In Ontario, researchers found that one out of every six deaths among young adults (aged 25 to 34) was related to opioids in 2015. Research also found that one of nine deaths among those aged 15 to 24 was related to opioids (nearly double that of 2010).

Lead author and scientist, Dr. Tara Gomes, reports that young people need more information about the dangers of illicit drug use and education on how to reach out for help. She also suggested that it is time to be more tolerant to providing access to naloxone (the overdose-reversing drug) in locations where young people can access it (i.e. high schools, universities and music festivals).

Regarding the opioid crisis in Ontario, Dr. Gomes stated:

It is striking to see that despite the efforts put into harm reduction, proper prescribing practices, and education around opioid use, the number of opioid-related deaths continues to rise. The other alarming fact is how this crisis is increasingly impacting our youth and young adults.

Dr. Gomes’ research revealed that a total of 29,410 years of potential life were lost prematurely due to opioid-related causes in 2015, which exceeds the years of life lost prematurely annually from pneumonia, HIV/AIDs and influenza.

Recently, Prime Minister Justin Trudeau spoke in the city of Hamilton, a city which saw 70 opioid-related deaths between January and October in 2017, and declared that situations like theirs were a top priority for his government. The city of Hamilton’s opioid-death rate during 2017 was 78% higher than the provincial rate.

In addressing the opioid crisis, Prime Minister Trudeau stated:

We know that we have to address this. This is getting to be more and more of a problem. We have always put this at the top of our preoccupations as we deal with this public health crisis here in Hamilton and right across the country.

WHAT ARE OPIOIDS?

Opioids are drugs with pain relieving properties that are used primarily to treat pain. Opioids can be purchased at the pharmacy to treat minor aches and pains or prescribed by a doctor to relieve medium to severe pain.

Opioids can produce euphoria, or a high feeling, which leads them to be used improperly. The following are examples of opioids that can be prescribed medications:

  • Codeine;
  • Fentanyl;
  • Morphine;
  • Oxycodone;
  • Hydromorphone; and,
  • Medical heroin.

Dependency, substance use disorder and overdose are serious side effects and risks of using opioids. They have the potential for problematic use because they produce a “high” feeling.

Opioids should only be taken as prescribed, never be used by someone for whom it was not prescribed and never be taken with alcohol or other medication (except as prescribed).

Individuals prescribed with opioids are advised never to share their medication, and are cautioned to store their medication in a safe and secure place and out of reach from children and teenagers. Any unused opioid medication should be returned to a pharmacy for safe disposal to prevent the possibility of illegal use and protect the environment from contamination.

HOW IS THE GOVERNMENT RESPONDING TO THE OPIOID CRISIS?

The Canadian government has reserved $231.4 million to respond to the opioid crisis in Canada, with monies dedicated to strategies such as public health campaigns, data tracking and new equipment and tools to allow border agents to better detect dangerous opioids before they enter Canada.

The Ontario government guaranteed it will spend more than $222 million over three years to address the opioid issue. The money will be used in the following manner:

  • To support health care providers on appropriate pain management and opioid prescribing;
  • To increase addictions treatment in primary care;
  • To add more front line harm reduction outreach workers in communities across the province;
  • For specialized support for indigenous communities and developmentally appropriate care for youth.

Furthermore, Ontario is the first province to provide access to Narcan nasal spray in Ontario pharmacies, free of charge, as part of its Ontario Naloxone Program for Pharmacies. This nasal spray is the only needle-free formulation of naloxone for the emergency treatment of a known or suspected opioid overdose. It does not require assembly or any specialized medical training.

Ontario has also announced that more than 30 communities will receive new or enhanced Rapid Access Addiction Medicine (“RAAM”) clinics. There are currently seven community clinics of this kind, which allow patients to receive medical assisted therapy for their addiction and are then referred to healthcare professionals to begin recovery treatment. Kate Hardy, the manager of the RAAM pilot project in Ontario, stated:

Unlike traditional treatment programs there are no wait times, scheduled appointments, or complicated intake assessments. … RAAM clinics are outpatient to allow patients to continue with their work and family responsibilities, and the service providers are non-judgemental.

As both the federal and provincial governments continue in their efforts to tackle the opioid crisis in Canada, Affleck & Barrison LLP will continue to provide updates through this blog.

If you are facing a drug related charge or have any questions regarding your legal rights, contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week.

Ontario’s Framework for Marijuana Regulation: An Update

Written on Behalf of Affleck & Barrison LLP

As provinces across the country continue to debate the timing of cannabis (i.e. marijuana) legislation in their respective jurisdictions, lawmakers have begun to turn their minds to how the drug will be regulated once it is legalized.

CURRENT STATE OF MARIJUANA LEGISLATION

Marijuana is currently illegal in Canada and is listed under Canada’s Controlled Drugs and Substances Act. Current exceptions exist only for those individuals who have been authorized to use cannabis for medicinal purposes by their health care provider. These individuals can purchase quality-controlled cannabis from a producer who is licensed by Health Canada, or produce a limited amount of cannabis for their own medicinal purposes.

LEGALIZING AND REGULATING CANNABIS IN CANADA

In April 2017, the federal government announced legislation to legalize and regulate recreational cannabis by July 2018. The proposed Cannabis Act, if passed, will establish rules for producing, using, and selling cannabis across Canada. The federal government left the design and implementation of sales and distribution to each province and territory.

Ontario was the first province or territory in Canada to publicly outline a comprehensive plan to sanction federally legalized cannabis. On September 8, 2017, Ontario announced a comprehensive framework outlining the province’s approach to the retail distribution of recreational cannabis.

MINIMUM AGE LIMIT

Ontario proposes to make it illegal for individuals under the age of 19 to buy, sell, possess, share, and grow cannabis. This is comparable to the age limit for the sale of tobacco and alcohol in Ontario.

Police officers will be authorized to confiscate small amounts of marijuana from individuals under the age of 19, but the seizure will not result in a criminal record. The person in possession of the marijuana may be subject to provincial fines.

The province of Ontario is intent on protecting its youth and will focus on “prevention, diversion, and harm reduction without unnecessarily bringing them into contact with the justice system.”

The Ontario government also plans on creating a public education campaign focused on informing young people about potential dangers of marijuana usage.

RETAIL LOCATIONS SELLING MARIJUANA

Ontario is planning for the sale and distribution of recreational marijuana to be overseen by the LCBO. However, marijuana will not be sold in the same stores as alcohol, and edibles or cannabis-infused foods will not be sold online or in retail stores.

The government of Ontario will proceed to work with municipalities, local police services, the OPP, and the federal government to help shut down any marijuana dispensaries that operate outside of the new parameters, once they are in place.

ONLINE MARIJUANA SALES

It has been suggested that online distribution will be available across the Ontario by July 2018 and 150 stand-alone cannabis stores open by the end of 2020 (80 stores to be opened by July 1, 2019).

Ontario will comply with federal requirements that limit advertising and require behind-the-counter sales similar to the way in which tobacco is currently sold. Staff will be required to follow strict requirements for age verification. Staff will also undergo mandatory training and have knowledge of products and how to use cannabis.

Delivery of online sales would require ID checks, signatures upon delivery, and no packages would be left unattended at the door.

PROHIBITED USE IN PUBLIC

Ontario proposes to restrict the places where marijuana can be consumed. It is suggested that cannabis not be used in public, in workplaces, or in motorized vehicles. Individuals will only be permitted to use recreational cannabis in private residences. These restrictions will be similar to those used to control the consumption of alcohol in public spaces and workplaces.

The Ontario government has advised that it will explore the possibility of allowing specific establishments where cannabis could be consumed legally.

LEGAL POSSESSION OF CANNABIS

Under the federal government’s proposal, adults would be allowed to have up to 30 grams of dried legal cannabis and people under 18 years old could have up to five grams. The government of Ontario appears to be in agreement with these possession limits.

We will continue to provide updates regarding the legalization of cannabis in Canada as this information becomes available, and will blog about updates as they arise.

In the meantime, if you are facing a drug related charge or have any questions concerning your legal rights, please contact Affleck & Barrison LLP online or at 905-404-1947. We maintain a 24-hour call service to protect your rights and to ensure that you have access to justice at all times.

How the Good Samaritan Drug Overdose Act Can Help Prevent Drug Overdoses and Deaths

Written on Behalf of Affleck & Barrison LLP

There is an increasing number of Canadians overdosing or dying from the use of opioids. The Public Health Agency of Canada has estimated that at least 2,458 Canadians died from an opioid-related overdose in 2016, which amounts to almost seven deaths every day.

On May 4, 2017, the Good Samaritan Drug Overdose Act (“Act”) became law as part of the Government of Canada’s approach to address the growing number of overdoses and deaths caused by opioids (pain relieving drugs, including fentanyl). Many of these deaths are avoidable if medical attention is obtained quickly, but evidence demonstrates that witnesses to an overdose do not call 911 for concern of police involvement.

The Honourable Jane Philpott, Minister of Health, was quoted as saying,

During an overdose, a call to 911 can often be the difference between life and death. We hope that this new law, and the legal protection it offers, will help encourage those who experience or witness an overdose to make that important call, and save a life.

WHAT LEGAL PROTECTION IS GRANTED BY THE ACT?

This Act provides legal protection for individuals who seek emergency help or witness an overdose. An overdose is defined in the Act as a

 physiological event induced by the introduction of a controlled substance into the body of a person that results in a life-threatening situation and that a reasonable person would believe requires emergency medical or law enforcement assistance.

This Act can protect you from charges for possession of a controlled substance, i.e. drugs, under section 4(1) of the Controlled Drugs and Substances Act.

This Act also protects people in breach of the following conditions under section 4(1) of the Controlled Drugs and Substances Act:

  • Parole;
  • Pre-trial release;
  • Probation orders;
  • Simple possession; and,
  • Conditional sentences.

It does not, however, provide legal protection against more serious offences, such as:

  • Outstanding warrants;
  • Production and trafficking of controlled substances; and,
  • All other crimes not outlined within the act.

The Act applies to all people seeking emergency support during an overdose, including the person experiencing the overdose. It also protects anyone who seeks help, whether they stay or leave the overdose scene before help arrives.

WHAT ARE OPIOIDS?

Opioids are drugs with pain relieving properties that are used primarily to treat pain. Over the counter opioids (i.e. Tylenol 1) can be purchased at the pharmacy without visiting a doctor to treat minor aches and pains, like headaches or tooth aches. There are also opioids that are prescribed by a doctor to relieve medium to severe pain, like after surgery.

Fentanyl is an extremely strong opioid that is prescribed for people with extreme pain, like cancer, and should only be used under medical supervision.

This type of drug can produce euphoria, or a high feeling, which leads them to be used improperly. Examples of opioids that can be prescribed medications, such as:

  • Codeine;
  • Fentanyl;
  • Morphine;
  • Oxycodone;
  • Hydromorphone; and,
  • Medical heroin.

Doctors sometimes prescribe opioids for conditions, such as:

  • Acute moderate to severe pain;
  • Chronic pain;
  • Moderate to severe diarrhea; and,
  • Moderate to severe cough.

Dependency, substance use disorder and overdose are serious side effects and risks of using opioids. They have the potential for problematic use because they produce a “high” feeling.

WHAT IS AN OVERDOSE?

An overdose can occur when one has ingested too much of an opioid. Opioids slow down the part of the brain that controls breathing. If you take more opioids than your body can handle, your breathing slows, which can lead to unconsciousness or death. Signs of an overdose include:

  • Person can’t be woken up;
  • Breathing is slow or has stopped;
  • Snoring or gurgling sounds;
  • Fingernails and lips turn blue or purple;
  • Pupils are tiny (pinned) or eyes are rolled back;
  • Body is limp.

WHAT TO DO IN CASE OF A SUSPECTED OVERDOSE

In case of a suspected overdose, the following is recommended:

  • Check to see if the person is breathing. Look, listen and feel.
  • Call 911 immediately. Tell the operator that this is a suspected overdose, so the emergency crew can bring naloxone (a medication that can temporarily stop or reverse an opioid overdose).
  • Do not leave the person alone. Wait until help arrives. If you must leave, turn the person on their side to avoid possible choking.
  • Try to keep the person awake and remind them to take frequent deep breaths.
  • If you are concerned that people you know are using opioids, you can get a naloxone kit from the public health unit or a local pharmacy.

If you are facing a drug related charge or have any questions regarding your legal rights, contact Affleck & Barrison LLP online or at 905-404-1947. We offer a free consultation and are available to help you 24 hours a day, 7 days a week.

 

 

 

Ontario Announces Zero Tolerance to Prevent Drug-Impaired Driving

Written on Behalf of Affleck & Barrison LLP

We’ve previously blogged about drug-impaired driving, and are now revisiting the topic in light of a recent announcement by the provincial Liberals.

On September 28, 2017, Premier Kathleen Wynne announced that commercial truckers, drivers 21 and under, and novice motorists will face stiff penalties if caught behind the wheel after using cannabis or alcohol.

This announcement was made in advance of the federal government’s plan to legalize recreational cannabis by July 2018.

WHAT IS ZERO TOLERANCE LEGISLATION?

Ontario is the first province or territory to publicize an extensive plan to regulate federally legalized cannabis. These new measures will be in addition to the penalties found under the Criminal Code of Canada for impaired driving convictions (ie. loss of licence, additional fines or incarceration).

Ontario’s zero tolerance legislation will include tougher laws against drug-impaired driving for young drivers aged 21 and under; novice drivers (G1, G2, M1 and M2 licence holders); and all commercial drivers.

Zero tolerance means that drivers should not get behind the wheel if they have any measurable presence of drugs or alcohol in their system as detected by an oral fluid screening device.. The federal government has promised to introduce a screening device and set thresholds for detecting the presence of cannabis in the near future.

PENALTIES, LICENCE SUSPENSIONS, AND OTHER CONSEQUENCES

Ontario’s new legislation will increase monetary penalties for drivers who fail or refuse to perform a sobriety test. It has been proposed that, for a first offence, young drivers and all G1, G2, M1 and M2 licence holders will face a three day suspension and a $250 fine.

For a second offence, these offenders will be subject to a week-long suspension and a $350 fine with all subsequent occurrences facing a 30-day suspension and a $450 fine.

Commercial drivers will also be subject to a zero tolerance policy and could face a three day suspension any time they are caught and fined up to $450.

All other drivers in Ontario who are found to be within the “warn range” with blood alcohol concentration between .05 and .08 or drug impaired and fail a roadside standardized field sobriety test could face up to 30 days licence suspension and up to $450 fines with subsequent occurrences.

Those drivers with blood-alcohol concentrate levels above .08, drug-impaired or who fail or refuse to submit to tests could face a 90-day suspension and $550 fines.

ADDITIONAL PENALTIES ANNOUNCED TO IMPROVE ROAD SAFETY 

Legislation will be introduced this fall in Ontario to improve road safety and deter careless and distracted driving.

A new offence will be added to Ontario’s Highway Traffic Act for careless driving causing death or bodily harm. This conviction would lead to a licence suspension of up to five years, fines of between $2,000 and $50,000, up to two years of incarceration and six demerit points.

Drivers who don’t yield to pedestrians would also see increased fines up to a maximum of $1,000.

In addition, fines for distracted driving (ie. using a cellphone while operating a vehicle) would increase from a maximum of $1,000 to up to $2,000 on a second conviction and up to $3,000 for third or subsequent incidents, as well as six demerit points for multiple offences. The first offence would also result in a three day licence suspension and if convicted for a third time would result in a 30 day licence suspension.

Drivers with a G1, G2, M1 or M2 licence who are convicted of three or more distracted driving offences would have their licence cancelled.

These new penalties will be the toughest consequences for repeated distracted driving offences across Canada.

If you have been charged with a driving offence, please call Affleck & Barrison LLP at 905-404-1947 or contact us online. We offer a free consultation and are available 24 hours a day, seven days a week.

Judge Criticizes Police Officer’s “False Testimony” in Drug Case

Written on Behalf of Affleck & Barrison LLP

Drug charges against three men have been dropped after an Ontario judge found that a Toronto police officer had been “deliberately misleading” in both his testimony and in his notes, as he attempted to “strengthen the case” against one of the men.

What Happened?

In 2014, the three men in question, Jason Jaggernauth, Jordan Davis, and Jimal Nembrand-Walker were charged with possession of cocaine for the purpose of trafficking and possession of the proceeds of crime, after police found them in a Scarborough apartment that contained multiple types of drugs and drug-related paraphernalia.

At the time of the arrest, police officers found several grams of crack on Davis and crack, powdered cocaine, and several other drugs in Nembrand-Walker’s pockets. No drugs were found on Jaggernauth.

Conflicting Testimony

In a pretrial hearing, the officer, Constable Bradley Trenouth, testified that he saw a large piece of crack fall from Jaggernauth when officers had him stand up from his chair. This testimony was backed up by the notes that the officer said he took at the time of the arrest. During the preliminary hearing, the officer also stated that he had picked up the piece of crack off the floor after forensic officers had taken photos of the scene. However, the photos taken do not include images of that specific piece of crack. When questioned about why the photos taken did not depict the crack, the officer claimed that it might be because the piece of crack had been stepped on or moved before the photos were taken.

In addition, at trial several months later, the officer told the court that he did not see the crack fall from Jaggernauth. Instead, he testified that he had found the piece of crack on the floor near Jaggernauth and “assumed” it had fallen from him.  At this time, the officer’s story about the photos of the crack also changed, and he told the court that there were no photos of the crack because he had already picked it up and put it in his pocket before the photos were taken.

The Decision

In her decision, Justice Katherine Corrick wrote that the officer had not found the crack near Jaggernauth, but rather, had “falsely attributed” the drugs to Jaggernauth. The charges against Jaggernauth were stayed. Because of the officer’s actions, Justice Corrick excluded the evidence gathered by him and other officers. As a result, Jaggernauth’s co-accused’s were also found not guilty.

Justice Corrick wrote, in her decision:

The false attribution of evidence to an accused’s possession, and false testimony by a police officer constitute precisely the type of state misconduct that undermines the integrity of the judicial process.

Justice Corrick further noted that the officer was “deliberately misleading” in both preparing his notes, and in his testimony at the preliminary hearing. She found it “unlikely” that an officer with eight years of police experience would pick up unwrapped drugs and put them in his pocket at a crime scene. Furthermore, if the officer had merely been mistaken during his pretrial testimony, he should have informed prosecutors before the case went to trial.

Justice Corrick criticized the officer’s actions stating:

It is difficult to imagine how public confidence can be maintained in the rule of law when police officers present false evidence against accused person… [o]ur justice system cannot function unless courts can rely on the willingness of witnesses to . . . tell the truth.

Potential Discipline for the Officer

Jaggernauth’s lawyer has recommended that an investigation be immediately opened into the officer’s conduct during the matter:

The bottom line is . . . an officer falsely attributed an exhibit to my client that never was on my client.

A Toronto police spokesperson said that she cannot confirm whether the officer will face any discipline. All police disciplinary matters are kept confidential until the officer in question has appeared before a police services tribunal.

If you have questions about your legal rights, whether during an investigation, arrest, or otherwise contact the criminal lawyers at Affleck & Barrison LLP in Oshawa. Our firm and its predecessors have been protecting clients since 1992 and have significant experience with drug offences. Whatever the nature of your offence, we can help. Call us at 905-404-1947 or contact us online for a free consultation.

Provinces Discuss Delaying Marijuana Legalization

Written on Behalf of Affleck & Barrison LLP

Premiers from across Canada are meeting in Edmonton this week to promote interprovincial-territorial cooperation and address issues, challenges, and needs of Canadians. One of the topics at issue is the planned legalization of marijuana, which is currently scheduled for July 1, 2018.

A Potential One Year Delay

Manitoba’s Premier, Brian Pallister, is attempting to persuade his fellow Premiers to ask the Prime Minister to delay marijuana legalization by one year (making it effective July 1, 2019). Pallister raised several concerns that he hopes can be addressed through delaying any official legal changes to marijuana’s status in Canada.

Firstly, Pallister wants to learn from the regulation of beer, wine, and spirits and believes that the delay would avoid the problems associated what he has called a “hodge-podge” of the different ages of majority across the country. Both the age of majority and regulations around things like where pot could be sold are the responsibility of each province.

Secondly, Pallister wants more information and additional research into the health impacts of marijuana, including ways of measuring cannabis impairment for drivers. He believes that:

“There are too many unanswered questions, too many issues that have not been addressed for us to rush into what is an historic change.”

Pallister also hopes that extending the deadline will allow for the creation of stronger and more effective campaigns to ensure that driving under the influence becomes as socially unacceptable as drinking and driving currently is. He believes that this has not yet been properly or fully addressed.

Current Positions of Various Premiers

Other Premiers, including Saskachewan’s Brad Wall and Nova Scotia’s Stephen McNeil, have indicated that their provinces are working towards the original July 1, 2018 deadline. However, Wall has stated that he likewise wouldn’t mind an extension, as there are a “lot of moving parts” to making such a big change, and McNeil has noted that it is important for all Premiers to be on the same page.

Ontario is not counting on any extension, and is currently conducting public consultations on marijuana in advance of the original deadline; however, Kathleen Wynne has noted that work is still being undertaken to develop policies on public and traffic safety, on protecting youth, and on determining where pot will be sold.

Quebec’s Premier, Philippe Couillard says that he is likewise not expecting a delay and the province is also working under the assumption that the date of any legislative change will continue to be July 1, 2018.

The Federal Government Plans to Stick to Their Original Deadline

Earlier this summer, the federal government stated that it would stay “firm” on its plan to legalize marijuana by next year, even if it has to “backstop” any provinces that are not ready to tax or distribute the drug by that time. Prime Minister Trudeau noted that the federal government had given provinces and municipalities “lots of time” to comply with pending changes and that it was “time to move on”.

That announcement came in the wake of concerns from federal and provincial finance ministers about whether Canada was ready for legalization after a meeting between the ministers ended with no consensus on a coordinated strategy to tax cannabis.

The Federal Finance Minister, Bill Morneau, stated that tax rates on marijuana should be kept low to prevent marijuana users from potentially seeking out cheaper, illicit sources for pot. He noted that his department had begun to do research into possible tax rates, and what price levels could deter a black market for weed, but that no conclusion had been reached.

However, Ontario’s Finance Minister, Charles Sousa, noted that the provinces will want to ensure that any tax revenue from marijuana will cover what he calls the “substantive costs” that provinces will have to face to prepare for legalization (including law enforcement, public health, education, and distribution).

Morneau was firm that marijuana will be legal by the original deadline, even if Ottawa has to “backstop” provinces that will not be ready with distribution networks, by providing alternate options, such as delivery of marijuana via mail. He noted that he intends to meet with his provincial counterparts again in December and hopes to make significant progress.

We will continue to monitor developments in this area, and will provide updates as they become available. In the meantime, if you have any questions about drug offences,  including possession or trafficking, or any other criminal defence matter, please contact Affleck & Barrison LLP online or at 905-404-1947.

Man Inadvertently Reveals $500 Million Grow-Op to Police

Written on Behalf of Affleck & Barrison LLP

Police in North Carolina recently made a massive opium bust, after being tipped off by the grower of the opium-producing poppies himself.

“I guess you are here for the opium”

Police visited the property of Cody Xiong as part of a routine, warrantless “knock and talk” after receiving a tip on a matter unrelated to drugs.

When Xiong opened the door and saw the police officer, he said “I guess you are here for the opium”, inadvertently flagging the existence of a massive grow-op to the officer. Following Xiong’s outburst, police discovered approximately $500 million worth of opium-producing poppy plants growing on more than one acre of his property. The crop was planted in neat rows and was obscured by trees.

Had Xiong not spilled the beans, it is unlikely that his grow-op would have been discovered at all. The small town where this drug drama has unfolded is a small rural settlement with a population of roughly 1,400. Xiong himself lived at the dead-end of a remote gravel road in the foothills of the town.

Xiong’s full crop will have to be weighed before authorities can determine the exact dollar value of the plants, but investigators have estimated that there were approximately 2000 pounds of poppy plants, with a value of about $500 million dollars. The investigators believe that the plants were going to be shipped elsewhere to be processed into heroin. The investigation into Xiong’s operation is still ongoing and involves the cooperation of DEA agents.

Xiong has been charged with manufacturing a Schedule II drug, and with trafficking in opium, both of which are felonies. He was arrested and released on $45,000 bail.

Drug Charges in Canada

We’ve blogged about serious drug charges in the past. As in the States, and in most of the world, a number of drugs, including heroin, are illegal in Canada.

Drugs are categorized into various schedules under the federal Controlled Drugs & Substances Act. In Canada, heroin is classified as a Schedule I drug, along with cocaine, morphine, and a number of others.

There are a number of drug offences in Canada, including possession, drug trafficking, and drug importing/exporting. The severity of any charges will depend on the type and quantity of the drug in question, as well as other facts specific to the circumstances.

Beyond just the danger of imprisonment, including life in prison in some cases, a drug conviction can have a significant impact on your life. Every drug conviction, even a minor one, will appear on your criminal record. This can significantly affect your ability to travel outside of Canada, or your ability to get certain jobs.

If you have any questions about drug charges or any other criminal defence matter, please contact Affleck & Barrison online or at 905-404-1947. We have 24-hour phone service for your convenience. Trust our experienced lawyers to handle your drug matter with diligence and expertise.