Legal Question in Criminal Law in Canada

How to defend?

My son was at a party and was having a cigarette in a friends car outside the house. The police came and searched the car he was in. They found some cocaine in the car and arrested him. We can't afford a lawyer and legal aid will not cover unless he could go to jail. But he doesn't want to plead quilty to something that he didn't do it will only be a fine but will leave a mark on his name. The court has told him to come back on June 16th with a letter from his lawyer, but he doesn't have a lawyer. Can his father represent him and send in a letter stating that? Can they make the charge stick when it wasn't his car and wasn't in his possession? There was another boy in the car smoking also and when the cops came he got out and ran into the house. The car was being used all night by all the people at the party who smoked. What can we do?


Asked on 6/10/04, 11:02 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: How to defend?

If it wasn't his stuff and he wasn't in control of the vehicle or the drug, he should not be found guilty. That is probably so even if he knew it was there.

This is the kind of case where your son should really have a lawyer, particular this case where there are a number of complexities, both constitutional and evidentiary.

Even if the prosecutor is not asking for jail, a conviction for this offence may restrict his travel and employment opportunities later.

As for legal aid, you may want to find out what the prosecutor will ask for both on a plea and after a trial. If it is jail, your son should qualify for legal aid if he meets the financial eligibility requirements.

If retaining a lawyer is not possible, then your son is entitled to defend himself, and if the matter is proceeding summarily, as opposed to by indictment, you can tell the court you are appearing as your son's agent. You or your son will then have the opportunity to examine and cross-examine witnesses and make arguments to the court regarding his defence.

Good luck.

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Answered on 6/15/04, 1:01 pm


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