Michael Oykhman
What is drug possession?
Simple possession is when you are charged with possessing a controlled substance listed in the Controlled Drug and Substances Act (CDSA) without lawful authority.The CDSA is an act that was passed by the federal government in 1996. It provides 8 different Schedules or categories of controlled drugs. If a person is caught to be in possession of one of the drugs listed in the CDSA, ...
A criminal defence lawyer’s top 5 tips for fighting firearms charges
If you suspect that you are being investigated for a firearms offence and the police have asked to search your home or your car, you are under no obligation to consent to the search and should not consent to it unless they present a warrant. If they do enter your home with a weapon, take note of what they do and where they go ...
Can I bring my gun with me when I am visiting Canada?
If you are visiting Canada from another country and would like to bring a firearm with you, there are a number of requirements that must be met. First, you must declare your firearm to border services when you arrive at the border, and you must satisfy them that you are bringing your firearm in for a valid purpose. Some examples of valid purposes include ...
How can I get my firearms charges dropped?
In some circumstances due to the nature of the evidence against you, proceeding to trial may not be your best option because there is a high likelihood that you will be convicted. Yet even then, depending on the nature of your firearms offence, there is still a possibility that you can get your charges dropped without winning at trial. Specifically, if you have been ...
What are the best defences to a firearms charge?
The best defence to your firearms charge depends on the nature of the firearm that was used and on the particular circumstances of your case. However, some common defences that are available to those charged with Use Offences are: You were using your weapon in a manner that met the standard of care expected of you in the circumstances. Criminal liability in use offences ...
How can I get my gun back from the police?
How you get your gun back from the police will depend on whether it was seized for safety reasons, or whether it was seized because it was used in the commission of a criminal offence. When your firearm has been seized for safety reasons, the officer who seized it must make an application to the court within 30 days for an order for the ...
When can the police seize my gun?
If the police have reasonable and probable grounds to believe that an offence has been committed that involves a firearm, or that a firearm has been used in the commission of an offence, the police have the power to obtain a warrant to search for the weapon and seize it. In certain exigent circumstances, the police can conduct a warrantless search for a firearm. ...
What is a firearms offence?
You will be charged with a firearms offence when you fail to comply with the laws and regulations that govern the use of firearms set out in the Criminal Code and the Firearms Act. There are a range of firearms offences and penalties under the Firearms Act and the Criminal Code. Some of the most common firearms offences are: Use Offences: Use offences include ...
