Drugs, Drinking and Driving Chapter 6

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Drugs, Drinking and DrivingChapter 6

• 1. Introduction
• 2. The Controlled Drugs and
• Substance Act
• 3. Drinking and Driving

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Drugs

• Any substance that by its chemical nature alters
  structures of function in a living organism
• Criminal classification
• Using or possessing them is restricted by law

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Introduction

• Drug use The problems!
• Brainstorm
• Youngsters see it as something that should be
  legal
• Many dont see the consequences
• Mental illness
• Murder, property damage assault theft robbery
  addiction etc

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Cost (Individual and State)

• Costs the state millions of
• Drug and impaired driving offences is it enough
  of a deterrent?
• BCs marijuana largest industry in the province
• Emotional cost All parties involved

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The Controlled Drugs and Substance Act

• Established 1997
• Combination of the old Narcotic Control act and
  sections of the food and drugs act.
• The act criminalizes possession of, and
  trafficking in a variety of illegal and
  controlled drugs
• Sets out penalties

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The Controlled Drugs and Substance Act - lists

• Schedule 1 - Most dangerous drug. i.e. Heroin,
  cocaine etc.
• Schedule 2 - Cannabis marijuana and its
  derivatives
• Schedule 3 - Lists many of the more dangerous
  drugs previously found in the foods and drugs act
  i.e LSD
• Schedule 4 - Lists drugs that must be controlled
  but that have therapeutic use

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Possession

• Under the Controlled Drug and Substance Act
• Unlawful to be in unauthorized possession of any
  of the drugs listed in Schedules I III only

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Possession

• State of having knowledge of and control over
  something
• The person in possession must know what the item
  is and have some measure of control over it
• A person may be found in possession even if he or
  she gave the item in question to another person

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Possession continued

• A person can be charged with possession even if
  the person does not own the controlled substance
  or have it in his or her possession, as long as
  the person knows about it and consents to its
  possession by someone else
• Consent implied or expressed

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Trafficking

• Trafficking - Controlled Drug and Substance Act
• To sell, give, administer, transport, send,
  deliver, or distribute a controlled substance to
  sell an authorization for a controlled substance
  (Dr. prescription) or to offer to do any of the
  above.
• Trafficking and Possession for the purpose of
  trafficking are separate offences under the Act
• Have identical penalties

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Trafficking continued

• To obtain an conviction the Crown must
• Prove beyond a reasonable doubt that the accused
  possessed the controlled substance with the
  intention of trafficking
• Quantity of the drug
• Scales, bags, list of names, large sums of money

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Prescription Shopping or Double Doctoring

• People who are addicted to drugs try to get the
  same prescription from a number of different
  doctors
• Not allowed to do this. Must disclose all other
  controlled drugs taken in the past 30 days
• 1000 or 6 months in prison if 1st time
• 2000 or 18 months to 7 years depending on
  substance

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Importing or exporting

• An offence to import or export any substance
  listed in the 4 schedules
• Simply arranging for their importation can result
  in a conviction
• Production ---
• To manufacture, synthesize, cultivate or harvest
  illegal substances (schedules I to V).

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Possession of Property Obtained by Certain
Offences

• Offence to possess an property you now was
  obtained through the commission of a crime
• Including cash obtained from selling the property
• Aimed to charge those who share in the proceeds
  of illegal drug sales

• Up to 10 years if more than 1000
• 6 months and fine of 2000 Under 1000

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Enterprise Crime and Laundering

• Money laundering transferring cash or other
  property to conceal its illegal original
• By making this an offence, police are able to
  reduce the easy movement of property, especially
  cash. Obtained through the drug trade.

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Money Laundering continued

• Hybrid Offence
• To win a conviction the Crown must prove
• Actus reus Any use, transfer, or possession of,
  sending or delivering, transporting, altering,
  disposing of, or otherwise dealing with any
  proceeds of crime can be a criminal offence

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Money Laundering continued

• Mens rea
• intention to conceal or convert the illegally
  obtained money or property
• knowledge that all or part of the money or
  property was illegally obtained
• Subject matter of the offence the existence of
  the money or property obtained by committing a
  criminal offence, councelling or being an
  accessory after the fact, or committing any act
  or omission related to an offence

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Enterprise Crime and Laundering continued

• Common for profits to be transferred outside of
  Canada
• money can be used to fund terrorism,
• Since 2000, certain groups must report cross-
  border transactions.

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End of Part 1

• Drinking and Driving

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Motor Vehicle

• a vehicle is drawn, propelled or driven by any
  means other than by muscular power, excluding
  railway equipment.
• I.e. boats, aircraft, automobiles, trucks,
  motorcycles, snowmobiles and ATVs

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1. Dangers of operating a motor vehicle

• It is an offence to drive any vehicle recklessly
  in any public place
• Public place
• Parking lots, highways, private roads, malls
  shopping centers etc
• To obtain a conviction dangerous operation of
  a motor vehicle
• Crown must establish fault standard of care
  that a prudent and responsible driver would have
  exercised

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Dangerous Operation of a Motor Vehicle

• A. Danger causing bodily harm
• max 10 years
• Indictable offence
• B. Dangerous operation of a motor vehicle causing
  death.
• Max 14 years
• Indictable offence

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2. Failure to stop at the scene of an accident

• You must stop
• Law requires you to give your name and address to
  the other party
• You must offer assistance if required

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3. Impaired driving

• One of the major causes of death in Canada
• CCC has been changed recently tougher penalties
  to act as a deterrent
• Legal blood 0.08
• 0.06 12 hour suspension.
• Care or Control
• Can be charged even if the vehicle is not in
  motion. Sitting in the drivers seat assumes care
  and control of the vehicle

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Tests for impaired driving.

• 1. Roadside tests / Screening
• Can be a sobriety test, i.e. walk in a straight
  line of close one eye and touch nose
• Breathalyzer
• Offense to refuse
• Failed breath does not being charged give
  officer reasonable grounds to demand a formal
  breath sample
• 2 breath samples 15 min apart need to be taken

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Tests for impaired driving

• 2. Blood samples
• Used if physically cant give a breath sample
• Done under supervision of a medical practitioner.
• Must be with in 4 hours
• 2 samples are taken
• If unconscious a warrant is needed.

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Textbook work

• Review chapter 6
• Read pages 180-183
• Questions 1-10 page 183
• Group work Chart Paper and present
• Page 185
• R v. Kuitenen and Ostiguy
• R v. Lauda
• R v. St.Pierre
• R v. Polashek