4. Figure out if you have a defence

You can defend yourself in a criminal by showing:

  • the Crown has not proven all of the elements of the crime
  • your situation fits into a legal defence in the Criminal Code
  • your Charter rights were violated

For a of Drug Trafficking, you may also have a defence if:

  • The police did not properly test the drug or substance to scientifically prove that it was an illegal substance
  • You had a special legal exemption or permission to have or distribute the substance.

Think about what you can use to present your defence. Evidence might include:

  • documents, such as receipts
  • photos or videos
  • witnesses who saw the incident or who know about the property and its owner
  • telling your version of the story in court

In some drug cases, the Crown will agree to withdraw the charges if you sign a statutory declaration saying that you honestly did not know the drugs were there. You or your lawyer can talk to the Crown about whether they will accept a declaration in your case.

Charter violations

The Charter of Rights and Freedoms says that you have certain rights when you’re dealing with government. The government includes the police, the Crown, and the courts. For example, the police must:

  • not search you in an unreasonable way
  • not use excessive force against you
  • not or you without a good reason
  • help you contact a lawyer if want one
  • explain why you’re detained or arrested

If any of your Charter rights are violated, the judge can throw out certain evidence in your case. In some situations, the judge may even dismiss your charges completely, for example, if it takes too long to give you a trial.

It can be legally complicated to discover Charter violations and know how to present them in court. It’s best to talk to a lawyer before your trial to find out if there are Charter issues in your case and how to deal with them.

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