FAQ Archives - LCP Criminal Lawyers

Category Archives: FAQ

How do I beat my drug charge?

Q: How do I beat my drug charge?” when charged with a drug offence.

A: To be found guilty, the Crown must prove your guilt beyond a reasonable doubt. The Crown
must always prove the nature of the substance and possession of the substance. To prove
possession, the Crown must show that you had knowledge and control of the substance. When
charged with possession for the purpose of trafficking, the Crown must also prove that the
possession was for the purpose of trafficking [Read More]

Please share...

Arrested for growing and selling Marijuana?

Question:

Arrested for growing and selling Marijuana or Cannabis?

Answer:

Marijuana (marihuana, pot, cannabis) is set to become legal in Canada on October 17, 2018, but that doesn’t mean that it’s legal yet. Even when it is becomes legal, the purchase, sale, possession, and production of the drug will be heavily regulated. Here are some of the important laws that are anticipated to apply in Ontario:

  • In order to legally purchase, consume, or grow marijuana, you will need to be 19 years of age
  • You will only be able to consume it in a private residence
  • You will only be able to possess 30 grams of dried marihuana; and
  • You will only be able to grow four plants at any given residence

If you have been arrested and charged with any charges in relation to marijuana, or any other drugs under the Controlled Drugs and Substances Act, Lockyer Campbell Posner can help you to avoid a criminal conviction.

Related Topics

jail time, cannabis, how many years in jail, drug possession, health, grow up, license, legal, dispensary Toronto

Please share...

Are you legally able to fire a gun on your property?

Question:

Are you legally able to fire a gun on your property?

Answer:

For those of you who legally own a gun in Canada and want to know if you can engage in legal shooting on private property, and if so, how far you need to be from the property line and what are the caliber restrictions, there are a couple of provisions that you need to be aware of.

First of all, no matter where you are on the map, it should be no surprise that it is a criminal offence:

To use a firearm in any way in the commission of another criminal offence (s. 85 of the Criminal code of Canada);
To carelessly use a firearm (s.86);
To point a firearm at anyone, unless it is for a lawful purpose such as self-defence (s.87);
To discharge a firearm with the intent to harm someone, unless it is for a lawful purpose such as self-defence (ss.244 and 244.1); or
To discharge a firearm recklessly (s.244.2).

Second, any place that is used for target practice or target shooting competitions on a “regular and structured basis”, must be approved by the designated provincial Minister (s. 29 of the Firearms Act). Thus, if you are planning to use the same place regularly for target practice, whether or not it is on private property, it must be approved.

Those are the main two relevant pieces of legislation, which have no blanket restrictions on the required distance from the property line or on the calibre of the ammunition. However, there may be additional provincial laws and municipal by-laws that further restrict shooting on private property.

Please share...