Drug charges in Canada are prosecuted by the federal government under the Controlled Drugs and Substances Act (CDSA). Offences include possession, trafficking, production and importing of scheduled narcotics such as Cocaine, Methamphetamine, Heroin and Fentanyl. As of October 17, 2018, Cannabis/Marijuana will be legal in Canada for recreational and medical use and will no longer be a scheduled drug under the CDSA. New offences relating to illicit or unlicensed Cannabis will be ticketed or prosecuted under the Cannabis Act.
My office will continue defend all drug charges under the CDSA as well as represent clients who face charges under the Cannabis Act.
R. v. A.G. 
Client charged with possession for the purpose of trafficking (PPT) after a vehicle stop for a cellphone ticket led to a strip search after the investigating police officer claimed to smell fresh marijuana in the car. Police officer's credibility and grounds for vehicle search were challenged in pre-trial application. Judge held that grounds for search were NOT objectively reasonable and Charter breach established leading to charges being DROPPED mid-trial.
Evidence Excluded - Charges Dropped!
R. v. T.N. 
Client charged with dial-a-dope offences in Vancouver, B.C. involving police surveillance and "proactive policing". Mr. Shapray raised a challenge to the legality of the grounds for the police stop and arrest of his client. Federal prosecutor reviewed the file after a Charter application was filed to exclude evidence at trial for breach of client's constitutional rights. Charges were DROPPED prior to trial - CASE DISMISSED.
CHARGES DROPPED before trial.
R. v. R.V. 
Client was charged with multiple counts of PPT for various drugs including Fentanyl and Methamphetamine as well as possession of a loaded gun. Case resolved around the stop of a vehicle and the arrest of the accused for some driving offences. A challenge to the grounds for the search of the vehicle was launched as it was alleged that he police had NO LEGAL GROUNDS to search the truck. The JUDGE found that the police had conducted an ILLEGAL search of the truck and found that the accused’s Charter rights had been breached leading to the Judge excluding the evidence of the Drugs and Gun from the trial and the accused being found NOT GUILTY.
JUDGE found the accused’s Charter rights had been breached... accused found NOT GUILTY.
R. v. L.C. 
Client was charged with PPT Marijuana in relation to a large bag of marijuana and drug paraphernalia found in his vehicle that was stopped by the police. Case was set for trial but last minute plea bargain negotiations on the morning of trial led to a plea to the lesser offence of personal possession of Marijuana. Client received a Conditional Discharge – NO CRIMINAL RECORD.
Conditional Discharge – NO CRIMINAL RECORD.
R. v. K.C. 
Client faced charges of possession of Marijuana in relation to an incident where he was the passenger of a parked car that became the subject of a public complaint of suspicious activity. Police arrested the driver and the passenger. In the time leading up to the trial, Mr. Shapray made written submissions to the federal prosecutor which convinced him that they could not prove the case against his client (the passenger) and the charges were DROPPED prior to trial.
Charges DROPPED prior to trial.
R. v. T.B. 
Female client has been residing in a house that was busted for a Marijuana Grow Op a number of years ago. When coming into Canada recently she was arrested on dated drug charges in relation to the police raid. Mr. Shapray was able to raise issues concerning the delay in arresting the client and put together a detailed chronology of her whereabouts over the years to show that she was not in hiding and police had an obligation to proceed with the case without delay. CHARGES DROPPED prior to trial date being set.
CHARGES DROPPED prior to trial date being set.
R. v. S.G. 
Client charged with trafficking in cocaine in relation to a dial-a-dope operation. Mr. Shapray was retained shortly after charges and managed a rehabilitation program for client for 2 years prior to entering plea and conducting sentencing hearing. Crown prosecutor seeking 6 month jail sentence. Mr. Shapray was successful in persuading the Judge that his client met the test for "exceptional circumstances" and to grant his client a SUSPENDED SENTENCE resulting in NO JAIL TIME.
SUSPENDED SENTENCE resulting in NO JAIL TIME.
R. v. G.B. 
Sentencing hearing for client charged with possession for the purpose of trafficking in Marijuana. Crown prosecutor seeking 9 month jail sentence. Conditional Sentence not available to be granted by Judge. Sentencing submissions from Mr. Shapray that client fit within category of offenders who should be granted a Suspended Sentence were accepted by Judge – NO JAIL SENTENCE.
NO JAIL SENTENCE.
R. v. T.M. 
Female client charged with possession of marijuana after police pull over of vehicle from which joint had been thrown out the window. Search of vehicle led to location of marijuana. Client received an ABSOLUTE DISCHARGE resulting in NO CRIMINAL RECORD.
ABSOLUTE DISCHARGE resulting in NO CRIMINAL RECORD.
R. v. W.L. 
Police executed two search warrant at client's property in relation to allegations of overgrowing the number of plants allowed under medical marijuana provisions. Significant number of marijuana plants, firearms and large amounts of cash located. Mr. Shapray was retained and dealt quickly with police and Federal Crown prosecutor to deal with surrender and then bail hearing resulting on client being released on bail on day of surrender.
Released on bail.
R. v. J.L. 
Client from B.C. charged with drug offences in Canmore, Alberta after he was found in possession of Cocaine and Marijuana after a traffic stop. Negotiations led to client being approved for Alternative Measures resulting in a Stay of Proceedings – NO CRIMINAL RECORD.
Stay of Proceedings – NO CRIMINAL RECORD.
R. v. M.P. Client from Alberta charged with serious drug offences (PPT Cocaine) in Dawson Creek, British Columbia after search warrant executed on hotel room. Large quantities of drugs and money found in hotel room linked to the accused. Mr. Shapray worked with client to focus on rehabilitation during time between charge and trial. Contested sentencing hearing held where the prosecutor was seeking long jail sentence. Mr. Shapray was successful in legal arguments resulting in client receiving a Suspended Sentence and NO JAIL TIME.
Suspended Sentence – NO JAIL TIME.
R. v. M.X. Lengthy trial involving client charged with marijuana grow op ends with charges being DROPPED by prosecutor on morning of closing arguments. Challenge to police vehicle stop, search of the accused and delay issues at trial all lead to great result for client - NO CRIMINAL RECORD.
NO CRIMINAL RECORD.