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Originally Posted by GioforPM
LOL. Turn in your law degree.
First, crimes in Canada are indictable, summary conviction or hybrid, meaning they can be handled either way. There's no "Class 1 Charge".
Second, your link goes to a page with offences is not what he was charged with - he wasn't charged with importing, he wasn't charged with producing and he wasn't charged with trafficking. Look on the previous page for simple possession: and then look at what happens for a first time offender charged with a summary conviction offence - a maximum fine of $1K or 6 months. and the law is that maximum penalties are reserved for the worst examples of the crime. We know it was summary conviction because he was in provincial court. The max sentence for an indictable offence conviction means nothing in this case.
Third, a judge had nothing to do with it. The Crown prosecutor stayed the charges, apparently after being shown the weaknesses in his case by Richards' lawyer. A judge never ruled on anything.
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Thanks for your answer, I know you are a lawyer and appreciate your input. History with the Mike Richards charge on a personal level have given me pretty good insight, if convicted he would be deemed a felon in the US and not able to travel until such time as he got a pardon, but thankfully he never proceeded to that level. Let me know next time you defend a person in this position or has actually been arrested with the same charges.
Just an aside, what do you tell your clients to say when they are asked at the border if they smoke week or have an impaired driving conviction?