Drug-related offences are among some of the more serious charges prosecuted in Canada and more often than not, involve Charter litigation of some sort. Possession, trafficking, production and importing are all types of drug offences that can come with serious long term consequences if convicted.
Drug-related offences are among some of the more serious charges prosecuted in Canada and more often than not, involve Charter litigation of some sort. Possession, trafficking, production and importing are all types of drug offences that can come with serious long term consequences if convicted.
Drug Possession is the charge which arises from having a substance in your control which you are prohibited to possess. Drug possession is listed under federal legislation called the Controlled Drugs and Substances Act (“CDSA”), not under the Canadian Criminal Code.
Drug-related offences are among some of the more serious charges prosecuted in Canada and more often than not, involve Charter litigation of some sort. Possession, trafficking, production and importing are all types of drug offences that can come with serious long term consequences if convicted.
Drug possession for the purpose of trafficking is the offence of possessing illicit drugs or other controlled substances with the intention of eventually trafficking them. This offence is similar to that of drug possession, but with the additional element that the person charged was intending to sell or transport the substance.
Weapons-related offences are also among some of the more serious charges prosecuted in Canada. The specific use of any item, depending on the context, can lead to allegations involving “weapons”.
Assault with a weapon is committed when force is applied without consent, and a weapon is used or threatened to be used.
Assault causing bodily harm is committed when force is applied without consent, and bodily harm is caused.
Aggravated assault is caused when force is applied without consent, and the other person is wounded, maimed, disfigured, or his or her life is endangered.
If you’ve been charged with any type of assault, contact one of our experienced criminal defence lawyers for a free consultation today.The type of sexual offence charged depends on many factors, including the age of the victim, the extent of sexual contact, and the number of incidents.
Some of the core issues in proving this offence involve whether the contact occurred for a sexual purpose, or with a sexual body part. But by far, the most common controversy surrounds the issue of consent.
Murder is the most serious crime a person can be charged with in this country. The amount of proof regarding the “planning” and “deliberation” of the murder is a key consideration for whether a person will be charged with first degree, second degree or manslaughter.
Fraud encompasses a very broad spectrum of criminal activity under Canadian criminal law and can carry severe penalties, depending on the type of fraud and level of sophistication alleged. Findings of guilt for these types of offences also have serious implications on a person’s future including employment.
There are many federal and provincial laws in addition to the criminal offences under the Criminal Code and Controlled Substances Act that result in penalties that can be as severe as the ones found in criminal law. Convictions for these “quasi-criminal” offences can include hefty fines and even jail time.
Threatening charges involve words spoken that amount to a threat to cause a person bodily harm or death. It is the words uttered that make out the offence and there is no requirement for any physical interaction to occur for their to be a criminal charge. The person hearing or receiving the threats need not be the person who is the target or focus of the threats for the offence to be made out.
We at Howard Smith and Company have particular knowledge in the area of impaired driving. We have defended clients accused of impaired driving, driving with a BAC over 0.08, dangerous driving, refusal and ASD refusal.
At Howard Smith and Company we deal with charges involving both alcohol and drug impairment. We have dealt with difficult cases, often involving injuries and even death. At Howard Smith and Company we take pride in understanding your rights and we understand the law.
When looking at the charge of impaired driving, we know what to look for in the evidence and how to identify problems in the Crowns case.
At Howard Smith and Company we will take all steps necessary to vigorously defend your case. We will go to trial and defend your driving privileges and criminal charge to ensure we are giving you the best representation.
The widespread use of the internet in our society has expanded the types of offences people can face under this category. From “cyber-bullying” to criminal harassment to possession or transmission of child pornography, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.
Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shop-lifting type of charge to large-scale “white-collar” fraud schemes, a conviction for theft can have serious long-term consequences for a person found guilty of this offence.
Robbery often involves the use or threat of force while stealing or attempting to steal property. For example, a person can be charged with robbery for demanding another person’s phone or wallet, even if there is no weapon involved..
Breaking and entering is a very serious offence that has the potential to result in a maximum sentence of life imprisonment. “Home invasions” are a more serious category to this type of charge. A person can be charged with break & entering even if no items are stolen.
The youth justice system in British Columbia considers a youth offender as someone who is between the age of 12 and 17 that has committed a criminal act. A youth offender’s case is treated differently in court compared to an adult’s situation. This process is done under the Youth Criminal Justice Act which offers special protections for young offenders.
The first step after a person is charged with any offence is determining how they will be released pending the outcome of their case. People who have criminal records or are facing serious charges are often held for a bail hearing.
Under Canadian laws, everyone is granted specific fundamental rights under The Charter of Rights and Freedoms. If applicable to the case, potential Charter violations could result in the exclusion of important evidence or a stay of proceedings.
The Highway Traffic Act are regulatory offences that can come with severe penalties such as hefty fines or even jail time. Convictions for most of these offences will often also affect a person’s vehicle insurance and ability to drive.
Many British Columbians make the fatal mistake of paying their violation tickets or trying to dispute them on their own without first obtaining legal advice. A conviction with a violation ticket offence can lead to a monetary fine followed by a hefty insurance premium hike and a lengthy driving prohibition.
Our legal professionals at Howard Smith and Company have experience disputing and defending a wide range of violation tickets. We handle a wide range of violation tickets including but not limited to CVSE inspections, Motor Vehicle Act violations, Motor Vehicle Regulations, and Cannabis Control and Licensing Act violations.
There is no distance our lawyers won’t travel to help defend you, either. Our legal professionals have appeared in traffic court throughout the Lower Mainland. We regularly attend traffic court in jurisdictions such as Vancouver, Richmond, North Vancouver, Chilliwack, Abbotsford, Port Coquitlam and New Westminster. Our traffic lawyers at Howard Smith and company have also represented client in Penticton, Victoria, Saanich, Kamloops and Kelowna to deal with their traffic matters.
A Notice of Intent to Prohibit or a Notice of Prohibition that is received by mail by a driver may be challenged with submissions in writing to RoadSafetyBC within 21 days of the date of the letter received. All tickets issued under the Motor Vehicle Act for driving offences may be disputed within 30 days of the date of service of the ticket and can be taken to trial at the Provincial Court of British Columbia.Motor Vehicle Act for driving offences may be disputed within 30 days of the date of service of the ticket and can be taken to trial at the Provincial Court of British Columbia.
At Howard Smith and Company, we have extensive experience with making submissions on your behalf and have successfully had clients prohibitions lifted entirely. We have also assisted with making submissions to have clients’ prohibitions significantly reduced. For example, we have successfully had clients serving a 3-6 month prohibition reduced to a one or two month prohibition.
Our experienced partners will represent you in both traffic court trials as well as traffic court appeals before the Supreme Court of British Columbia (Appeal Division). When you are facing a driving prohibition, we will advocate on your behalf before RoadSafetyBC and the Insurance Corporation of British Columbia to get you back on the road as fast as possible.
A 90-day Immediate Roadside Prohibition (IRP) is an administrative driving prohibition that comes with severe penalties. In addition to a lengthy driving prohibition, which takes effect immediately, the recipient will also face a 30-day vehicle impoundment, associated towing and storage fees, monetary fines and referrals to remedial programs down the road. An Immediate Roadside Prohibition can have devastating implications for a person. It can interrupt their daily schedule and have an impact on their family. It can also result in the loss of employment.
Our team has been defending Immediate Roadside Prohibitions since the law was first introduced in 2010. Despite having provided a breath sample that resulted in ‘warn’ or ‘fail’ Paul has been successful in defending his clients.
Driving while prohibited is a serious offence with serious consequences. Mandatory minimum penalties are in place for offenders found guilty of this Motor Vehicle Act violation. First time offences can face a minimum driving prohibition in the term of twelve months plus a five hundred dollar monetary fine. Repeat offenders can land in jail.
Generally, your insurance policy with ICBC covers things like property damage, personal injury claims, and even hiring a lawyer to defend you in a lawsuit for any claims arising from the car accident.
Still, it is important to remember that your insurance policy with ICBC is a contract, and like any other contract, it can be breached. If you breach a contract, you are breaking the contract.
