When it comes to laying criminal charges, in some cases the Crown has leeway regarding whether a charge is filed. This means that someone could find that they are being prosecuted for a possession of a small portion of drugs such as marijuana. While legalization of the drug appears to be on the horizon, the federal government is nonetheless still pursuing charges
for even very small amounts. This is illustrated in the arrest of a man in the fall of 2014.
As is often the case where drug charges are concerned, the arrest of the man followed a traffic stop. It was after midnight and the man underwent a sobriety test. Despite passing the check, 1.15g of marijuana was found
after an officer said he smelled it. The case was tried by a federal agency-- the Public Prosecution Service of Canada—at which time the man was found guilty. As a penalty, he was required to pay $100 in fines. Upon appeal, the case was overturned.
The basis of that action was that the accused was not advised of his right to have a lawyer represent him.
As the nation waits to see how marijuana will be handled going forward, all should be aware that currently, regardless of the amount found or how it is uncovered, they could nonetheless still face criminal charges. Since a conviction on such charges could result in serious consequences, anyone who finds themselves in this situation should seek the assistance of a knowledgeable criminal defence lawyer for help.