Gun and Drug Charges
Gun and drug prosecutions are often built on large-scale police “Project” investigations involving surveillance, wiretaps, and search warrants. These cases carry the risk of lengthy prison sentences. At Doyle Criminal Defence, we represent clients facing charges of drug trafficking, possession for the purpose, firearm offences, production, and importation.
The strength of the Crown’s case frequently depends on the validity of the search warrants and the legality of police conduct. Kathryn has experience scrutinizing the basis for search warrants, challenging wiretap authorizations, and bringing Charter applications to exclude improperly obtained evidence.
Project prosecutions also generate massive amounts of disclosure, which often makes it difficult for the Crown to comply with an accused person’s s. constitutional right to be tried within a reasonable time under s. 11(b) of the Charter. Kathryn leverages this reality to hold the Crown to account and seek remedies when trial delays threaten her clients’ rights.
Because these investigations are complex and often technical, having a lawyer who can dissect the disclosure and challenge the foundation of the case is critical. Contact Doyle Criminal Defence for strategic defence in drug and gun prosecutions across Ontario.
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A “Project” investigation is a large-scale police operation, often targeting alleged drug trafficking or firearm networks. These investigations may involve confidential informants, surveillance, undercover officers, wiretaps and multiple search warrants executed at the same time. Because they are complex, Project cases typically generate massive amounts of disclosure and can take years to move through the courts.
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Possession for the purpose of trafficking means being found with drugs in circumstances suggesting you intended to sell or distribute. This can be inferred from the quantity, packaging, scales, debt lists, cash found or other circumstantial evidence. The Crown must prove not just possession, but also intent to traffic.
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Generally, police require a warrant to search your home. There are exceptions, but these are limited and strictly defined. For cars, police may search without a warrant in certain circumstances, such as incident to arrest or pursuant to the Cannabis Control Act. A defence lawyer can review whether the search was lawful and, if not, bring a Charter challenge to exclude the evidence.
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Under section 11(b) of the Canadian Charter of Rights and Freedoms, every person charged with an offence has the right to be tried within a reasonable time. Generally, trials in the Ontario Court of Justice must be completed within 18 months, and trials in the Superior Court of Justice within 30 months.
In large-scale drug and gun “Project” cases, the Crown often struggles to meet these timelines because of the huge volume of disclosure and complexity of the proceedings. If the 11(b) ceilings are breached without a lawful reason, the court must stay (dismiss) the charges. A defence lawyer can review the timeline of your case and bring a motion to enforce your right to a speedy trial.