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CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 232
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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My Grandson has been charged with Trafficking. I read the

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My Grandson has been charged with Trafficking. I read the question from Edmonton one year ago and don't know what the disclosure says. I will find out. My question now is if two people were involved eg one seller, one buyer, would both have been charged> My Granson says a guy passed him something in a mall and as he was handing it back the police came. My Gransoin says he had his paycheck stub and all the recipts for the things he bought at the mall and there was no money missing, unfortunately at the time I thought this would erase the charge. He has been going to all his court appearances.
Submitted: 1 year ago.
Category: Canada Law
Expert:  CaptanLaw replied 1 year ago.
Hello there,Trafficking is an offence that is found under s. 5(1) of the Controlled Drugs and Substances Act. The Controlled Drugs and Substances Acts is criminal legislation that regulates and prohibits various activities associated with (illicit) drugs."Trafficking" is an act that is defined under s. 2 of the Controlled Drugs and Substances Act as follows:"(a) to sell, administer, give, transfer, transport, send or deliver the substance,(b) to sell an authorization to obtain the substance, or(c) to offer to do anything mentioned in paragraph (a) or (b)" As you can see, a very broad definition applies which can capture various activities, and not just the typical "hand to hand" exchanges of drugs. To address your specific question, in a situation where there is a seller and buyer, both parties in theory could be charged; however, it would be the seller that would be charged with trafficking, if the police had reasonable grounds to believe that the individual committed an act that fit within the s. 2 definition of "trafficking". The buyer, on the other hand, could be charged with possession of a controlled substance if the police had grounds to believe they took possession (whether actual or constructive). The police do not have any obligation to charge both parties, however. The police have the discretion to lay criminal charges as they see fit. That said, given that trafficking is a serious drug offence, I hope your son has a criminal lawyer assisting him with his case. There are various issues that a lawyer would be wise to look for in his disclosure in order to see if a defence can be mounted.

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