Investigative Techniques of Police Officers
The standard of proof to secure a warrant to search most often is one of reasonable and probable grounds. However, there are some warrant provisions that only require a reasonable suspicion to execute certain warrants. As a last resort, police officers can apply for a wiretap, but this application must be made in a superior court and the police must establish reasonable and probable grounds and that all other reasonable investigative techniques have not been successful. The police also use tracking devices in vehicles, dial number recorders, production orders for bank and other records, review person subscriber information, conduct covert surveillance, use infrared technology in marijuana cultivation cases, and aerial surveillance to investigate narcotics possessions and trafficking.
Penalties
Penalties for drug possession or trafficking are subject to the provisions of the Controlled Drugs and Substances Act, the Criminal Code of Canada and the classification and penalties schedules. The drugs are classified in accordance with five schedules. Some offences may be summary conviction only, hybrid (where the Crown can proceed by summary conviction or by indictment). or strictly indictable. For possession of a narcotic, an offender may be diverted wherein they are placed on probation and may be directed to perform community service or take counselling. Once they have completed the program, their charges are withdrawn, and they face no criminal record.
If an accused person is found guilty or pleads guilty, they may receive an absolute discharge, and receive no probation or be placed on probation (conditional discharge). Both charges include a finding of guilt, but the Court does not impose a criminal record.
The Court may also place a person on probation only but impose a criminal record (suspended sentence) or impose a fine or incarceration.
More serious narcotics possession and trafficking offences include mandatory prison sentences and depending on the type of drug could have a 6-month, 12-month or a 24-month minimum. Some offences carry a maximum sentence of up to life imprisonment.
Post-Conviction Consequences
If you are convicted of narcotic possession or trafficking in narcotics, you will likely receive a criminal record unless you have received Alternative Measures or a discharge. Otherwise, you will receive a criminal record for narcotics offences. Acquiring a record suspension (previously known as a pardon) is difficult to obtain and, if granted, requires a five-year waiting period after completion of a summary conviction sentence or ten years for an indictable offence.
The existence of a criminal record may result in denial of employment with government, corporations, and certain professions regulated under provincial statutes. Your application for citizenship could be denied, and you could be deported under immigration rules and statutes if you are not a Canadian citizen. Entry into a foreign country, such as the USA, is highly unlikely. The only way to gain entry to the United States is to apply for a US Travel Waiver through the US authorities, which is difficult to obtain and not routinely granted.