The Straight Dope 2nd Edition - What you need to know about drugs, alcohol & the law
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The Straight Dope
The Straight Dope
What you need to know about
drugs, alcohol & the law
2 nd Edition
2 n d Editio n
The Straight Dope
What you need to know about
drugs, alcohol & the law
2 nd Edition
Credits Table of Contents
Version 2.0 (2013) Introduction. ......................................................... 1
Our Legal System The Basics............................ 3
Before We Really Get Started...................................... 3
This book has been prepared, published and distributed
Says Who?................................................................ 4
by the Public Legal Education Association of Saskatchewan
(PLEA). The purpose of PLEA and this book is to provide Criminal Code Offences............................................... 5
the public with an introduction to a particular area of law. Summary Conviction Offences................................... 5
The content of this publication is intended as general legal Indictable Offences.................................................. 5
Dual Offences......................................................... 6
information only and should not form the basis of legal
Burden of Proof....................................................... 6
advice of any kind. Individuals seeking specific legal advice
should consult a lawyer. Torts........................................................................ 8
Youth and the Law. ............................................. 13
PLEA is a non-profit, non-government organization funded
Criminal Responsibility.............................................. 16
by the Law Foundation of Saskatchewan and Justice
The YCJA: Behind the Scenes.................................... 16
Canada. PLEA also receives generous support from
Saskatchewan Justice. PLEA is supported by the Law Society Extrajudicial Measures.............................................. 18
of Saskatchewan, Canadian Bar Association (Saskatchewan Criminal Charges..................................................... 20
Branch), College of Law, Legal Aid Saskatchewan, Ministry Arrest.................................................................. 20
of Education, Saskatoon Public Library and the public Statements to the Police........................................ 22
libraries and regional colleges throughout the province. Right to Counsel.................................................... 24
Release from Custody............................................ 24
PLEA gratefully acknowledges the financial contribution of Youth Justice Court................................................ 26
the Department of Justice Canada, Youth Justice Policy, for Using, Wheeling & Dealing.............................. 27
this edition. Uppers, Downers and All-Arounders........................... 28
Stimulants AKA: Uppers......................................... 29
PLEA also acknowledges with thanks the financial support Depressants AKA: Downers.................................... 30
of the Saskatchewan Ministry of Health for the original Anabolic Steroids.................................................. 32
development of this publication. Cannabis AKA: Marijuana....................................... 34
Hallucinogens AKA: Psychedelics............................. 36
Inhalants............................................................. 37
Club Drugs.............................................................. 41
Drug-Facilitated Sexual Assault AKA: Date Rape.......... 42
The Youth Detoxification and
© 2013 Public Legal Education Association of Saskatchewan, Inc.
Stabilization Act.............................................. 45
Contents may not be commercially reproduced, but any other reproduction The Controlled Drugs and Substances
is encouraged provided PLEA is properly credited.
Act(CDSA).............................................................. 49
ISBN: 978-1-926545-68-4 Criminal Drug Offences............................................. 52
Photos/illustrations credit Shutterstock, Getty Images Possession.............................................................. 54
Trafficking............................................................... 55
Canadian Case Law.................................................. 98
Possession for the Purpose of Trafficking..................... 57
Baumeister v Drake (British Columbia, 1986)............ 99
Importing and Exporting........................................... 57 Wince v Ball (Alberta, 1996)................................. 101
Production.............................................................. 58 Prevost v Vetter (British Columbia, 2001)............... 102
Doctor, Doctor......................................................... 59 Dryden v Campbell Estate (Ontario, 2001).............. 105
Childs v Desormeaux
Impaired Driving..................................................... 60
(Supreme Court of Canada, 2006)......................... 106
Getting Caught. ................................................... 63 The Bottom Line.................................................... 107
Police Powers.......................................................... 63 Think About It!...................................................... 109
Arrest.................................................................... 64
Driving................................................................ 111
Search and Seizure.................................................. 65
New Drivers.......................................................... 112
Searching a Person................................................ 65
Searching a Place.................................................. 67 Something to Think About....................................... 112
Standard Field Sobriety Tests.................................. 113
Other Authority Figures: Teachers,
Vice-Principals and Principals..................................... 68 The Breathalyzer................................................... 115
R v M.R.M. (Supreme Court of Canada, 1998).......... 68 Blood Samples...................................................... 116
R v A.M. (Supreme Court of Canada, 2008)............. 71 Criminal Code Offences........................................... 117
Smashed.................................................................. 73 “Over .08”.......................................................... 117
Refusing a Demand............................................. 118
Who Can Drink?....................................................... 76
Impaired Driving................................................. 118
Where Can You Drink?.............................................. 77 Causing Injury or Death....................................... 119
Alcohol in a Vehicle.................................................. 78
But Wait, There’s More.................................. 121
Being Drunk in Public............................................... 78
Driving Bans....................................................... 121
Police Powers.......................................................... 80
Insurance........................................................... 122
Up in Smoke.......................................................... 81
Consequences. ..................................................... 125
Binges & Benders. ............................................... 85
Adult Sentences.................................................... 127
Too Much, Too Fast................................................... 85
Absolute Discharge.............................................. 127
Wide-Awake Drunk.................................................. 87 Conditional Discharge.......................................... 127
Generally Speaking.................................................. 88 Suspended Sentence and Probation....................... 128
Fine................................................................... 128
Trouble in the Neighbourhood. ....................... 89 Conditional Sentence........................................... 128
Having a Party?.................................................. 93 Imprisonment..................................................... 128
Fine & Imprisonment........................................... 129
Negligence.............................................................. 96
Victim Surcharge................................................. 129
Duty of Care......................................................... 96
Breach................................................................. 97 Youth Sentences.................................................... 130
Damage & Causation............................................. 97 Here’s the Thing.................................................... 132
A Word About Commercial Hosts................................ 98Introduction
Drug and alcohol abuse and misuse create serious problems
in our society. Much attention is focused on finding
solutions to substance abuse and misuse. Education and
treatment programs attempt to prevent irresponsible use
of drugs and alcohol, and help individuals cope with their
addictions. There are no simple solutions to the problems
that drug and alcohol abuse and misuse can create. The
law plays one role by regulating the use of alcohol and
other substances and attempting to reduce many of the
negative consequences.
There are many misconceptions about the legal status of
various drugs as well as the legal consequences of their
use. This publication provides a basic guide to the laws that
control the use of alcohol and other drugs in Saskatchewan.
Information about these laws will help us to better
understand how criminal and provincial laws control the
1harmful effects of alcohol and drug use. It is also important
to understand the procedures for dealing with a charge
and the possible sentences for various offences. Since the
issues that arise in this area of the law can be complex,
some simplification and generalization is necessary. Anyone
with a specific question should seek legal advice.
In producing this resource, our intention is to provide
honest and factual information about drugs and alcohol
and promote an understanding of related legal and social
consequences.
Our Legal System
The Basics
Before We Really Get Started...
Like it or not, any discussion about drugs, alcohol and the
law involves some basic knowledge of our legal system
in general and our criminal justice system in particular.
Criminal offences are a big deal. So is being sued.
Accordingly, decisions surrounding drug and alcohol use
are also a big deal. Understanding the behaviours that can
lead to criminal charges or lawsuits and the consequences
that can follow need to be part of the equation. The legal
terms in the next section will come up again and again, but
don’t worry about them too much as you can always check
back here if you get confused.
2 3Says Who? in provincial court where many criminal offences are tried;
and the procedures and rules used in the trials are often
The purpose of the
Criminal laws are created by the same. Although provincial offences are technically not
criminal law is to
the federal government. The criminal offences, the effect on a convicted person is much
protect the safety
important federal criminal law the same. A conviction for a provincial offence does not,
and wellbeing
regulating drug use in Canada however, give a person a criminal record.
of individuals
is the Controlled Drugs and
by requiring Crown Prosecutors prosecute offences under federal laws,
Substances Act (CDSA), while
all members of such as the Criminal Code and the Controlled Drugs and
the Criminal Code deals with
society to meet a Substances Act, as well as offences under provincial laws,
driving offences involving drugs
minimum standard such as The Alcohol and Gaming Regulation Act.
or alcohol.
of acceptable
behaviour. Because Criminal behaviour is considered
these laws are so reprehensible that it is viewed
Criminal Code Offences
considered as harming society as a whole, Court procedures and possible sentences vary according
necessary to keep along with the individual victims to the category of the criminal offence. The Criminal
order in society, of crime. Criminal offences are Code divides offences into three categories: summary
everyone is prosecuted by lawyers on behalf conviction offences, indictable offences, and dual offences.
expected to know of the state. These lawyers are Dual offences can be prosecuted as either a summary or
what they are. In known as Crown Prosecutors. indictable offence. The Criminal Code, or other federal law
fact, the Criminal Individuals who are charged creating the crime, states which category the offence falls
Code says that not with a crime are represented by into.
knowing about a private defence lawyers.
law is no excuse for Summary Conviction Offences
breaking it. It is important to note that the Summary conviction offences are the less serious offences
provincial government can create in the Criminal Code. They have lower maximum sentences
summary offences in the areas and a simplified court procedure. Usually a person charged
of law that it regulates. Drug and with a summary conviction offence is not arrested, but is
alcohol offences fall under both given a notice to appear in court on a certain day. Unless
provincial and federal jurisdiction. the particular law says otherwise, the maximum sentence
Some examples of provincial available for a summary conviction offence is a fine of
offences are those related to $5000 or a jail term of six months or both. Individuals
alcohol use, such as drinking in charged with a summary conviction offence do not have
a public place or drinking under the right to a jury trial.
age, or those concerning use of
the roads, such as breaking the Indictable Offences
speed limit or driving without a Indictable offences are more serious offences, with
licence. maximum sentences that are higher than those given for
summary conviction offences. The court procedure can also
Offences under provincial law are
be more complicated. A preliminary hearing of the evidence
very similar to criminal offences.
can be held before the trial and, in some cases, there may
The sentences can be fines or
be a jury trial.
time in jail; the offences are tried
4 5Dual Offences
Dual offences, sometimes called hybrid offences, can
be tried as either a summary conviction offence or an
indictable offence. The Crown decides after considering
facts such as the circumstances of the crime (for example, “All criminal charges must
the seriousness of the offence and its results) and the be proven beyond a reasonable
characteristics of the person charged with the offence (for doubt.”
example, previous record, age and attitude).
Burden of Proof
Individuals charged with a criminal offence are presumed
innocent until proven guilty. All criminal charges must be
proven beyond a reasonable doubt.
While the phrase “beyond a reasonable doubt” is familiar
to most of us, there may be questions about what it really
means. Every time a matter goes before the courts, one
party has the burden of proving their case. In criminal trials,
Crown Prosecutors have the burden of proving that an
accused person is guilty of a crime. An accused person does
not need to prove their innocence; the Crown Prosecutor
must prove their guilt “beyond a reasonable doubt”.
Arriving at a verdict that is beyond a reasonable doubt does
not mean that a judge or jury must be 100% sure that the
accused person is guilty. It means that there is no logical
or rational reason to doubt the accused person’s guilt,
after considering all evidence presented by both sides.
Sometimes the concept is described as meaning “fully
satisfied”, “entirely convinced”, or “satisfied to a moral
certainty”. This is the highest and most difficult burden to
prove; a probability or likelihood of guilt is not enough.
Different parties also have different burdens at different
points in the trial process. For example there may be
conflict about whether certain things may be admitted into “Sometimes the concept of reasonable
evidence. Sometimes a separate hearing is needed just doubt is described as meaning ‘fully
to decide such issues. These hearings, called “voir dires”,
satisfied’, ‘entirely convinced’, or
are like a mini-trial within a trial. Because they involve
findings of law, they are decided by a judge alone. In these ‘satisfied to a moral certainty.’”
situations the party who wishes to admit the evidence has
the burden of proving that allowing it into evidence is not
unfair.
6 7Torts involved in the case itself. Each party is responsible for
presenting their case and, except in the case of Small
The purpose of While not everyone is familiar Claims Court, is generally represented by a private lawyer.
tort law is not with the term “tort”, most
to punish the everyone is familiar with the • Statute vs. Common Law
wrongdoer but to concept of being sued. Unlike Unlike criminal law, where offences are set out in statutes
compensate victims criminal law, which deals such as the Criminal Code and the Controlled Drugs and
for their losses and with wrongs against society Substances Act, much of tort law is based on accepted
discourage careless as a whole and punishment civil duties, such as not harming another person or their
behaviour. When for those wrongs, tort law is property. When there are no statutes setting out an area
a person is injured concerned with wrongdoing of law, it is largely defined by a collection of decisions
as the result of a between individuals and made by judges. This body of law is sometimes called the
criminal act, the compensation to the wronged “common law”. Here judges look at previous similar cases
offender may be individual for injuries to see how they have been decided in the past and follow
both prosecuted suffered. While criminal law is the reasoning of equal or higher courts to make a decision
for the criminal act concerned with determining on the case before them.
and sued civilly for the guilt of an accused for
damages for injuries criminal actions, tort law is Lawsuits based on torts include things like claims for
suffered. Torts concerned with determining personal injuries coming out of collisions, slips and falls,
may be intentional responsibility or liability for medical malpractice, loss of enjoyment of property due to
acts, such as an injuries and harms. There nuisance or trespass, and harm to reputation as in the case
assault, but may are a few other important of libel, slander or defamation.
also include careless distinctions between criminal
acts that amount to • Burden of Proof
law and tort law.
negligence. The amount of proof needed to establish responsibility in
• Public vs. Private Law a civil case is less than what is needed for a conviction
As we talked about earlier, in a criminal case. While a criminal case must be proved
Crown Prosecutors prosecute beyond a reasonable doubt, a civil case must be proved on
both criminal and provincial a balance of probabilities. A balance of probabilities means
offences on behalf of the state that the individual or party who has the stronger evidence
or the public. In the case of will succeed, even if their evidence is only a little bit more
torts, an individual who has convincing than the other side’s evidence.
suffered injuries because • Remedies
of the actions of another
individual may decide to sue The main remedy in tort law is money paid as compensation
the individual that they feel is for loss or injury. An order for this type of compensation is
responsible for their injuries. usually referred to as an award of damages. Occasionally
Because the matter is viewed the courts may order an injunction to prevent future harm.
as a private matter between On the other hand, a criminal sentence is punishment
individuals, the state is not imposed on the offender for a criminal act.
8 9It is not unusual to have
several different types of
Tort Law Criminal Law
Most injuries What the law is • settles disputes • protects people
law overlap from one single
or harms are between from physical
set of circumstances. For
the result of individuals harm or damage
example, an assault can
carelessness, not to property
lead to criminal charges • compensates
intentional or
as well as a civil suit for someone injured • punishes and
deliberate acts.
injuries suffered. Collisions or harmed by rehabilitates
In the area of
involving drunk or drugged another’s actions offenders
tort law, it is a
drivers can lead to criminal
well established • discourages
charges as well as lawsuits
principle that other offenders
to compensate for property
individuals have a from committing
damage and personal injuries. further offences
legal duty to take
reasonable care to Over time some areas of Where the law • statutes that • federal statutes
ensure that others tort law have been written comes from apply to specific such as the
are not harmed into statutes. Just as the areas Criminal Code
by their conduct. Criminal Code contains of Canada and
Lawsuits that • the common law Controlled Drugs
criminal offences that are (judge-made
allege negligence and Substances
set out in the Code, some law)
are based on Act
aspects of tort law are now
the belief that a set out in legislation such as Who is involved • plaintiff (person • the state (the
person’s conduct consumer protection laws, starting a Crown) on
fell below what is occupier’s liability acts and lawsuit) versus society’s behalf
legally expected of defendant versus accused
privacy laws.
them. (person being
Aspects of tort law that have sued)
not been written into statutes What proof is • proof on balance • proof beyond
continue to be based in the needed of probabilities in a reasonable
common law but are able favour of plaintiff doubt against the
to evolve to keep pace with or defendant accused
technological advances and How a case is • a court • if not guilty,
emerging social concerns. This resolved decides if the accused is freed
will be of particular interest defendant must
later in the publication when compensate the • if guilty, a penalty
we look at the issue of social plaintiff and if so such as a fine or
to what extent prison term is
host liability.
given
10 11Youth & the Law
Young people have a unique place in law. They are not
yet adults, but they are developing many of the skills and
abilities of adulthood. They have many of the same rights as
adults and can be held to many of the same responsibilities.
They will not, however, always be treated in the same way
as adults. This unique place in law is generally founded on
two beliefs. The first belief is that children do not have the
ability to properly evaluate their options and make sound
decisions. The second is that it is the parents’ role in the
family to guide and make decisions for their children.
12 13Federal, provincial and municipal legislation includes
numerous examples of age-restrictive laws. For instance:
you must be at least...
• 18 years of age to vote in a federal election
• 19 years of age to buy alcohol in Saskatchewan
• 16 years of age to get a driver’s license
As well, you must have parental consent to get married
before you are 18 years of age. These are just a few
examples.
Some age restrictions are imposed when it is believed
that it is for the benefit of young people. In many ways,
our laws set out to guide and protect young people. This
is the rationale behind movie ratings and sale of tobacco
regulations. Other restrictions may be imposed because
it is believed that young people do not have sufficient
knowledge and experience to participate in an activity,
such as voting. Until children reach the age of majority, “...there is no magical age at which
parents or guardians are responsible for many aspects
of their children’s lives and have the right to make many
a young person leaves adolescence and
decisions on their behalf. enters adulthood.”
If we ask psychologists and sociologists or medical experts,
they will tell us that there is no magical age at which a young
person leaves adolescence and enters adulthood. The law
recognizes that movement into adulthood does not occur
overnight. Accordingly, the law gradually bestows some
adult rights and responsibilities on individuals under the
age of 18. The extent of these rights and responsibilities
is determined by a number of factors, such as the type
of activity, the maturity, knowledge and understanding
required, and the benefits and hazards to the young person.
Generally, when young people are considered mature
enough – by law – to engage in “adult” activities, they will
be subject to the same rights and responsibilities as adults.
However, these rights and responsibilities may be modified
by the underlying principle of law which states that young
people require special guidance and protection.
14 15Criminal Responsibility The YCJA’s Declaration of Principle contains a clear
statement of purpose, and lists a number of principles
The minimum age for criminal responsibility in Canada is that must be considered at all times throughout the youth
12. This means that children under the age of 12 cannot be justice process. A summary of these principles is set out
charged with a crime as they are seen as being too young below.
to understand the nature and results of their actions. If any • The youth justice system is intended to protect the
action is required, the provincial child welfare system can public by...
investigate and determine the appropriate way to provide
○○ holding young persons accountable for their
support and guidance to the child and their family.
criminal actions
At the age of 12 through the age of 17, youth involved in ○○ promoting their rehabilitation and reintegration
criminal activity are dealt with under the Youth Criminal
○○ supporting crime prevention by addressing
Justice Act (YCJA). The Act does not create separate
the circumstances underlying their offending
offences for young people but it does set up a separate
behaviour through referrals to programs and
youth justice system to deal with young persons charged
community agencies
with federal offences, such as offences under the Criminal
Code and the Controlled Drugs and Substances Act. The Together, these objectives are believed to promote the
YCJA incorporates enhanced procedural protections and protection of the public.
safeguards to protect the rights of these young persons. • The youth justice system must be separate from the
Courts consider the age of the young person at the time adult system and based on the principle that young
the offence was committed, even though the matter may people are generally less blameworthy due to their age
not get to court until after the young person has turned 18. and immaturity. The youth system must emphasize
rehabilitation and reintegration. Measures used in the
The YCJA: Behind the Scenes youth system must be fair and proportionate in light
of the varying levels of development and maturity of
At the very beginning of the young persons. Again, because of a young person’s
Youth Criminal Justice Act maturity, the system must have special procedural
there is a preamble to the Act. protections to ensure that young persons’ rights are
The preamble explains the protected. It is also important to respond to youth
underlying principles of the Act crime in a timely fashion and to link the young person’s
and some of its goals. It can offending behaviour to the consequences imposed.
be used to help interpret the
rest of the Act by looking at • Responses to youth crime must be fair and
what the lawmakers intended proportionate. They must reinforce societal values and
to accomplish. The preamble encourage repairing the harm done to the victim and
recognizes that society as a the community. It is important to involve the youth,
whole shares the responsibility their family and the community. Individual differences
of addressing the needs of young persons and preventing (gender, culture, language) must be respected and
youth crime. The preamble also states that criminal the system must respond to the needs of Aboriginal
law should be used with restraint and that reliance on youth and youth with special requirements.
incarceration for non-violent young persons should be • Within the youth justice system, special considerations
reduced. apply. For example, youth have special guarantees of
their rights and freedoms; parents must be informed
16 17of measures and proceedings involving their children; making referrals to programs or agencies that can help
victims should be provided with information about the young person deal with issues that contribute to their
proceedings and be given an opportunity to participate offending behaviour, and using extrajudicial sanctions (the
and be heard. most formal type of extrajudicial measure).
In summary, the objectives of the YCJA are to protect the When warnings, cautions or referrals are not adequate to
public by holding youth accountable in proportion to the hold a young person accountable for an offence – perhaps
seriousness of the offence and degree of their responsibility, because of the seriousness of the offence, previous
promote rehabilitation and reintegration, and support crime offences, or other aggravating factors – the more formal
prevention by addressing the circumstances underlying extrajudicial sanctions may be used.
the youth’s offending behaviour through programs and
Extrajudicial sanctions include things like...
referrals to community agencies.
• restitution or compensation
Extrajudicial Measures • personal service for the victim
• community service work
The term extrajudicial measures
simply means measures outside • mediation
Although somewhat
of the formal court process that • counselling and treatment programs
informal, the police
can be used to deal with youth
must keep a record Before extrajudicial sanctions can be used, the police
crime. Extrajudicial measures
of any extrajudicial must have enough evidence to take the matter to court
allow youth who commit offences
measures that are and the young person must
to accept responsibility for their
used to deal with a accept responsibility for their
actions and make amends to the
young person. actions and want to have the
victim or the community without “Before
appearing in Youth Justice Court matter dealt with outside of
extrajudicial
and without receiving a criminal the Youth Justice Court.
sanctions can
record.
The young person has a right be used, the
One of the objectives of the to talk to a lawyer before police must
YCJA is to reduce the use of youth courts, particularly for consenting to take part in have enough
less serious crimes. Under the Act, extrajudicial measures an extrajudicial sanction. evidence to
are presumed to be adequate to hold a young person If the young person agrees take the matter
accountable for a first, non-violent offence. The Act also to an extrajudicial sanction
to court... ”
encourages the use of extrajudicial measures in all other and does not successfully
cases where they would be adequate. complete the requirements
of the extrajudicial sanction,
Extrajudicial measures include options such as taking criminal charges can still be
no further action, issuing warnings and formal cautions, brought against the young person in relation to that offence.
18 19However, if the sanction is
If police officers have a warrant for someone’s arrest, they
When it comes to agreed to and successfully
can make the arrest anywhere and at any time. A warrant
sentencing on new completed, the young person
is an order made by
charges, a history that will not be considered to have
a judge. It allows an
shows a pattern of been found guilty of that
arrest when there is
extrajudicial sanctions offence. But, it is important
good reason to believe
or findings of guilt to note that a record of the
that an offence has
could mean jail time sanction can be kept for up to
been committed. The
for some offences, two years. During this time, it
warrant states the
including almost can be used to show a record
offence.
all indictable drug of past criminal activity if the
charges. young person is involved with In some cases the
criminal proceedings on new police can make
charges. an arrest without a
warrant. They can
Criminal Charges arrest a person who
is actually committing
Under the YCJA, when the police have reasonable grounds a crime. They can also arrest someone whom they have
to believe that a young person has committed a criminal good reason to believe has committed a serious offence.
offence they are required to consider...
• taking no further action; informally warning the young If a young person is arrested, by law they have the right
person to...
• issuing a more formal caution (if the province has • know the reason for the arrest
established a cautioning program)*, or • remain silent
• referring the young person to a community program • talk to a lawyer and a parent or other suitable adult
(with the young person’s consent) • be released from custody unless certain conditions are
present
If none of these responses are considered adequate to hold
the young person responsible for their actions, the police The police must tell the young person that they have the
must first consider a more formal extrajudicial sanction right to talk to a lawyer and parent or other suitable adult
before deciding to lay a criminal charge. and they must be given a reasonable opportunity to get in
* At this time formal cautioning programs are being piloted by the RCMP touch with both a lawyer and a parent. The young person’s
and the Regina Police Service. rights must be explained in a way that the young person
can understand.
Arrest
Young people may be stopped, questioned, arrested and It is important to note that a young person can be charged
searched in the same way as adults. An arrest occurs when with a criminal offence without being arrested. If a young
police stop a person and prevent the person from leaving. person is charged but not arrested, the police will give
Police officers making arrests must identify themselves as them a paper called an appearance notice or a promise to
police. appear. These are legal forms that tell the young person
where and when to appear in court, and if and when they
must appear for photographs and fingerprinting.
20 21Statements to the Police
Everyone has the right to remain silent when questioned
by the police. If the police question someone without
advising them of this right,
any statements obtained will
not usually be allowed into
“Statements must evidence. Statements must
be voluntary be voluntary – the police
- the police cannot threaten the person
cannot threaten or promise a favour in order
the person to obtain a statement.
or promise a Because young people might
favour in order be more easily intimidated
to obtain a by adults generally, and
statement.” authority figures in particular,
the YCJA provides additional
protections for young persons
regarding statements to
persons in authority.
While adults must be advised of the right to remain silent,
police and other persons in authority must do more than
If you fail to properly identify yourself to
just advise the young person of this right. In addition to
a police officer you may be detained. The
being voluntary, a statement made by a young person
police may detain you in order to establish
cannot be used as evidence against them in court unless
your identity if they have reasonable cause to
the police explain, in a way that the young person can
suspect that you have committed an offence.
understand, that...
You may be able to avoid being arrested if
• the young person is under no obligation to say anything the police are able to establish your identity
• any statements made can be used against the young and place of residence right away. If you are
person in proceedings against them stopped while driving, you must produce your
• the young person has the right to have a parent or driver’s license and vehicle registration when
other suitable adult and a lawyer present when any requested. You do not need to tell the police
statements are made anything else and have the right to remain
silent and not answer any questions about an
The young person must also be given a reasonable alleged offence. The right to remain silent does
opportunity to actually talk to a parent or other adult and a not include the right to lie – lying to the police
lawyer before making any statements. If the young person could result in a separate criminal charge.
wants to make a statement and wants to have a lawyer
or parent or both present, they must have a reasonable
opportunity to do so.
22 23If a young person wants to give up their right to... required social measures. The police may, however, hold
• remain silent, a young person in custody if it is likely that the young
person...
• talk to a lawyer or parent, or
• is not giving the police their right name
• have a lawyer or parent present
• will not go to court as required
the young person must waive their right. A waiver must be • will commit other crimes before their court date
in writing, or audiotaped or videotaped. The waiver must
• will try to get rid of evidence of the crime
indicate that the young person has been informed of their
rights and understands them and is making the statement • will threaten witnesses
voluntarily.
There are also a number of circumstances when a Youth
Right to Counsel Justice Court can hold a young person in custody prior to
sentencing, including when
The YCJA guarantees that
a young person is charged
“A waiver must young persons have access
with a serious offence or
be in writing, to legal representation at all
has a history indicating
or audiotaped or stages of proceedings in the
a pattern of outstanding
videotaped.” youth justice system. A young
charges or findings of guilt.
person must be advised of
A serious offence is defined
this right when they are
as any indictable offence
being held for questioning,
that carries a maximum
when arrested, and before
sentence of five years or
taking part in an extrajudicial
more. As you may recall,
sanction instead of a court proceeding. They also have the
many drinking and driving
right to counsel throughout the balance of proceedings
offences, as well as most
involving them. The right to counsel is the right of the
drug-related offences could
young person and is independent of the young person’s
qualify as serious offences.
parents.
A young person can also
A young person who is charged with a criminal offence has
be held in custody before
an absolute right to counsel. If the young person cannot
sentencing if it is necessary
afford a lawyer and is turned down for assistance from
to...
Legal Aid, the Youth Justice Court may appoint a lawyer for
the young person. This is one way that the YCJA recognizes • ensure their attendance at trial
that young persons, by virtue of their level of maturity and • protect the public
dependence, have special needs and may be incapable of • protect witnesses
representing themselves.
• protect the public’s confidence in the justice system
Release from Custody where the alleged offence and circumstances are
A young person cannot be held in custody as a substitute serious
for child welfare protection, mental health care or other
24 25Even when the above conditions exist, the court must be
satisfied that no set of release terms (curfew, reporting
in to police, not using drugs or alcohol, supervision by
a responsible adult, etc.) could adequately address the
concerns raised.
Youth Justice Court
Under the Youth Criminal Justice Act, all youth cases will
be heard in Youth Justice Court. Youth trials are conducted
in much the same way as
Using, Wheeling
“Youth trials
in
Things
adult
like
criminal court.
presumption
innocence, rules of evidence,
of & Dealing
are conducted
the burden of proof and
in much the same available defences apply in
way as in adult Youth Justice Court as well.
criminal court.”
Now that we’ve covered some basics of our justice system
we’ll turn our attention to some specific drug offences and
related issues. There are many different definitions of what
a drug is. Depending on the definition, the term “drug” can
include alcohol, nicotine, or even caffeine. In this section
of the publication, however, the discussion is limited to
substances that could be described as “street drugs” and
covers both drugs that are illegal and legal drugs that are
used illegally. Because the laws regulating the use of alcohol
and tobacco are quite different from those that apply to
street drugs, alcohol-related offences and tobacco-related
issues are dealt with in separate sections of this publication.
26 27Uppers, Downers and All-Arounders In this section we’ll primarily
talk about stimulants, sedatives,
In a little bit we’ll look at drug classification under the hallucinogens, anabolic steroids, It is important
Controlled Drugs and Substances Act, but before we do cannabis, and inhalants, along to note that
that it’s important to understand the vast array of drugs with their distinctive qualities. It these drugs do
and the effects that they typically have on our bodies and is important to note that drugs not affect the
minds. This knowledge can help us to understand how and can affect people differently and body’s actual
why these drugs are used. It can also serve as a good can even affect the same person need for sleep
backdrop for examining the impact drug use has on an differently on different occasions. or food although
individual, their family and friends, their school or work For example, drugs, such as individuals
life, their health and their general wellbeing. marijuana, ecstasy, or LSD, can might think or
act as a stimulant, depressant or feel that less or
In the broadest sense of the hallucinogen depending on the none is needed.
“...most drugs word, a drug is a substance that circumstances. Individuals who
that are changes how our bodies or our go for prolonged
attractive to minds function. While this is not Stimulants periods without
people are necessarily a bad thing, there is AKA: Uppers sleep may be
those referred always the potential for misuse Stimulants include caffeine and susceptible to
or abuse. When we talk about nicotine, and controlled substances mood disturbances
to as ‘mood-
substance misuse or abuse, we such as cocaine, amphetamines and even
altering’ drugs.
are talking about substance use and methamphetamines. These hallucinations.
Mood-altering that is problematic, harmful or drugs typically speed up the
drugs come with dangerous. central nervous system, resulting
the risk of
in an increased heart rate and
addiction.” Outside of drugs used for
elevated blood pressure and body
medical purposes, most drugs
temperature. The effects are quick
that are attractive to people
and temporary.
are those referred to as “mood-
altering” drugs. Mood-altering drugs come with the risk Use of stimulants enables people
of addiction. People may take such drugs to relax and to stay awake and feel alert
deal with anxiety or stress. Sometimes people use these for extended periods of time.
drugs simply for pleasure, such as the temporary feeling of Stimulants tend to decrease
euphoria or a rush that may be associated with them. Some appetite and may produce general
people may take drugs in response to peer pressure or as feelings of wellbeing and euphoria
an attempt to fit in. Sometimes people are just curious. but may also cause anxiety.
There are a few different ways to categorize drugs. Misuse can lead to both
Sometimes drugs are categorized by the effect that they psychological and physical
have on our central nervous system, the system that deals dependence. Individuals who
with the brain and spinal cord. Sometimes categories are abuse stimulants over prolonged
based on the primary ingredient or chemical composition periods may have difficulty
of the drug. Drugs can also be categorized by how they are experiencing everyday pleasures
used – injected, smoked, inhaled, snorted, etc. without the stimulants.
28 29Some stimulants also have other properties. For example,
the drug ecstasy may be considered both a stimulant and
a hallucinogen. A Word about Mixing
Depressants
AKA: Downers Uppers & Downers
Depressants are drugs that cause the central nervous
system to slow down and affect the part of the brain that
is responsible for your heart and your breathing. They
include sedatives such as GHB, Rohypnol® and Valium®, Mixing uppers and downers sends
and opiates or pain relievers such as Oxycontin®, codeine,
morphine and heroin. Alcohol is also a depressant even
very conflicting messages
though the initial effects may be somewhat stimulating. to your brain about the most
Individuals may take depressants to relieve anxiety, essential bodily functions - –
stress, irritability, tension or pain. Recreational users may
take them simply to chill out. Along with a slowed nervous –such as your heartbeat and
system comes decreased body temperature and heart rate. blood pressure. Your body’s
Users may also experience difficulty in concentrating and a
lack of coordination. reaction can be unpredictable
Misuse can lead to a physical dependence, chronic fatigue, and dangerous, if not fatal.
decreased sex drive, psychotic symptoms and memory loss.
Taking uppers with downers
doesn’t simply cancel out the
effects of each drug. Some
effects may be reduced while
other effects may be increased.
The effect can vary from
individual to individual and
from use to use.
30 31Anabolic Steroids
Anabolic steroids are synthetic or man-made versions of
testosterone, a male sex hormone typically used to promote
growth or help the body to repair weakened or damaged
tissue. Unlike the other drugs discussed here, anabolic
steroids are not taken for a mood-altering effect – it’s the
physical effects of this group of drugs that makes them
attractive to athletes and bodybuilders. Anabolic steroids
are associated with improved physical performance and
endurance because of their ability to increase muscle mass
“Anabolic steroid use can
and decrease body fat.
result in sexual dysfunction
Although anabolic steroids are not considered mind-altering in both males and females.”
drugs there are some associated psychological effects.
Some research suggests that anabolic steroid use can
produce feelings ranging from euphoria to hostility, or so-
called “roid rage”. High doses have been linked to increased
irritability, anxiety and aggression, manic behaviour and
paranoia.
For males, prolonged use can result in high blood pressure,
liver and kidney disorders, acne, premature baldness,
enlarged breasts, and smaller testicles. For females,
anabolic steroid use can result in more masculine traits
such as a deeper voice, increased hair growth and smaller
breasts, as well as acne, high blood pressure and liver and
kidney disorders. Anabolic steroid use can result in sexual
dysfunction in both males and females. Individuals who
inject steroids run the risk of infections such as hepatitis,
endocarditis (an infection of the inner lining of the heart)
and HIV.
This group of drugs includes prescription drugs such as
Anadrol®, Andriol®, Provirin® and Depo-testosterone®.
Black market versions are sometimes referred to as roids,
“Anabolic steroids are associated
juice, gym candy, Arnolds, or pumpers.
with halted bone growth; the
Anabolic steroids are associated with halted bone growth; use of these drugs can result
the use of these drugs can result in permanently short
stature or height. This should be of particular concern to
in permanently short stature or
teenagers and other young people who have not finished height.”
growing.
National Institute on Drug Abuse
drugabuse.gov
32 33Cannabis
AKA: Marijuana
Recent research
Although technically considered
spanning nearly
four decades
a mild hallucinogen, cannabis Cannabis is less
is frequently singled out in any
suggests that discussion concerning drugs. This addictive than many
teens who is partly because cannabis is by far
regularly use the most commonly used illegal other drugs, but people
cannabis are at substance out there. Cannabis
risk of permanent is also singled out because of who use it regularly do
damage to their its distinct treatment under the
intelligence, Controlled Drugs and Substances become psychologically
Act (CDSA).
attention and
memory. The The dried leaves and flowers of
dependent on it. They
study also
indicated that
the cannabis plant are known as
marijuana, while hashish is a
often can’t feel good
the risk to teen more concentrated, compressed
form of cannabis. The high that
without it. Those who
brains that are
still developing users experience is from the
chemical THC which is found in the
use high daily doses
is much greater
than it is for cannabis plant. It is important to
note that over the years growers
can become physically
those over the
age of 18.
have found ways to increase the
THC levels in their plants, resulting
addicted. When they
Madeline H. Meier et al
Persistent Cannabis Users
in marijuana and hash that is far
more potent than ever before.
suddenly stop, they may
Show Neuropsychological
Decline from Childhood to
Midlife Cannabis can result in feelings
experience nervousness,
of calmness, relaxation or even
drowsiness. Individuals may
anxiety, sweating, poor
react to things around them more slowly and may find
it difficult to concentrate. Coordination may be affected.
sleep, irritability, low
Sensations related to taste, touch, sight, smell and sound
may seem heightened or even distorted.
appetite, nausea, chills,
Over the long-term, individuals may experience difficulty fever or tremor.
with learning, memory and motivation. Heavy or regular
users may experience many of the same health issues that
tobacco smokers experience – coughing, lung infections Centre for Addiction and Mental Health
camh.net
and lung disease.
34 35Hallucinogens Inhalants
AKA: Psychedelics While common household substances such as glue,
Even casual Hallucinogens alter people’s gasoline, spray paint and compressed air are not drugs at
use of certain perceptions, thoughts and all, these substances are frequently misused for the “high”
drugs can cause moods. They also cause increased that can occur and need to be singled out for discussion
severe medical heart rate and blood pressure. regardless of their “legality”.
problems, such Hallucinogens can twist reality and
as an overdose cause users to see, hear and feel A few inhalants, such as nitrous oxide or laughing gas,
or brain damage. things that seem real but are not. acetone and ethyl ether, are regulated either under the
Many illegal drugs Time and space may be distorted. Canadian Food and Drugs Act or under the Controlled Drugs
today are made in and Substances Act. Some communities have tried limiting
home labs, so they Despite their name, hallucinogens the sale of products frequently associated with abuse and
can vary greatly don’t always produce full-blown misuse. For the most part, however, inhalants are widely
in strength. These hallucinations. The effects of available in inexpensive, legal varieties.
drugs also may hallucinogens can vary from very
mild to extreme and intense. Inhalants all produce chemical vapours that can be inhaled
contain bacteria, – or “huffed” – to get a “buzz”. The effects on the mind
dangerous Experiences can seem awe-
inspiring or downright terrifying. and body are similar to being drunk except the intoxication
chemicals, and only lasts minutes, not hours. A period of drowsiness
other unsafe Effects may vary widely depending
on the actual drug, the individual, often follows the buzz. Individuals who abuse or misuse
substances. inhalants may repeatedly inhale a substance in order to
and the environment. Individuals
Teen Alcohol and Drug Abuse
who take hallucinogens may prolong the buzz. Repeated abuse or misuse can lead to
health.gov.sk.ca/healthline-
online be disoriented or show poor permanent brain damage along with damage to other vital
judgment. They may also take organs such as the heart, liver and kidneys.
risks that they would normally
not. The effects can last for many,
many hours.
Individuals with underlying
emotional or mental issues may
find that hallucinogens make their
condition worse.
This group of drugs includes drugs
such as LSD, PCP, Ketamine, magic
mushrooms, peyote, mescaline,
ecstasy, MDA and MDMA.
36 37Although substance While it is possible for
abuse discussions do individuals to die from a
not always deal with single drug overdose or acute
the topic of inhalants alcohol poisoning, inhalants Legal and Lethal
they have been ranked have their own distinct
the fourth most abused danger and it is not related to
substance after alcohol, the quantity inhaled. Sudden
tobacco and marijuana Sniffing Death Syndrome can There are a number of substances,
among high school occur the first time – or any
students. time – inhalants are used. widely available to the public,
These deaths are usually that when properly used are useful
A few jurisdictions, associated with cardiac
such as Alberta, have arrest as inhalants cause and legal, but are frequently
legislation dealing the heart to beat rapidly and misused with dangerous or
specifically with inhalant erratically. A sudden surge of
use. Alberta’s Public epinephrine, sometimes as
even tragic consequences. Even
Health Act prohibits the result of being surprised if such substances were made
using inhalants as well or startled while sniffing,
as providing products for further compromises the
illegal, chemical and synthetic
the purpose of inhaling. heart and can kill the user substances - such those found
Manitoba’s Minors in seconds. Death can also
Intoxicating Substance in so-called bath salts - can
occur as the inhalant enters
Control Act prohibits an individual’s lungs and be continually modified to get
youth under the age central nervous system.
of 18 from consuming around existing laws. By the time
This can lower oxygen levels
intoxicants and also health officials, lawmakers and
to the point where the
prohibits anyone else
individual becomes unable communities have had a chance to
from providing youth
to breathe and actually
with any substance they respond to issues related to one
suffocates. Fatal injuries may
believe will be used as
also occur as inhalants can particular substance, some other
an intoxicant, including
cause an individual to lose
inhalants. Similarly, substance may have taken its place.
several US states have
consciousness and collapse
laws in place to deal without warning.
with inhalants, while Stay informed about the latest
several international
jurisdictions regulate the crazes. Know the risks. And never
sale of inhalants where assume that a legal substance is a
misuse is suspected.
Saskatchewan does not safe substance. It may not be.
currently have laws
that specifically target
inhalant misuse.
38 39Club Drugs
The term club drug includes drugs from a number of groups
discussed here and are generally used by young people
at raves, bars, nightclubs and parties. Stimulants such as
ecstasy and depressants such as GHB and Rohypnol®,
so-called date rape drugs, as well as some inhalants, are
examples of drugs that fall under this term. Club drugs are
typically used for their stimulating or psychedelic effects
in a party-like setting. These drugs can produce many
unwanted and unexpected effects such as hallucinations,
amnesia and paranoia. Many of these drugs can be
manufactured in makeshift labs and range in both purity
and potency. Although the combination of alcohol and club
drugs is common, it can be dangerous and even deadly.
Ecstasy, X, E, Adam, Lover’s Speed are just some of the
street names associated with MDMA. Young people may
use this drug thinking that it will improve their mood or
give them more energy. Users often become extremely
dehydrated and may suffer from heat exhaustion, abnormal
heart rhythm and liver failure.
Liquid ecstasy, G, Georgia Home Boy refer to GHB. At
lower doses this drug may act as a relaxant but at higher
doses the sedative effects can cause unconsciousness,
coma and death.
Roofies, Mexican Valium and Circles usually refer to
Rohypnol®, known for its ability to cause amnesia, dizziness
and confusion. This drug is usually combined with alcohol
and other drugs to create a relaxed, drunk feeling. Because
it is odorless and tasteless and can cause complete memory
loss, this drug is often associated with date rape.
“Club drugs can produce many Special K, k, kitkat and vitamin K refer to Ketamine,
unwanted and unexpected effects a drug actually designed as a veterinary anesthetic. In
such as hallucinations, amnesia humans the drug can cause the mind and body to become
disassociated, meaning the normal feedback between the
and paranoia.” body and the brain is interrupted or ignored. Heart rate
and breathing rate are also lowered. It is sometimes used
as a “feel good” drug but can also be used as a date rape
National Institute on Drug Abuse drug.
drugabuse.gov
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