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City: Newmarket, Ontario
Year: 2017
Our Client: Mr. S.
Charge(s): Possession of Forged Document s. 368, Possession of a Controlled Drug & Substance – double doctoring (CDSA s. 4(2)(b))
Lawyer:  Yasmine Al-Zaman
Yasmine Al-Zaman - Oshawa Criminal Lawyer
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Case Study: Withdrawal – Possession of Forged Document s. 368, Possession of a Controlled Drug & Substance – double doctoring (CDSA s. 4(2)(b))

Background Allegations

On May 23, 2017, police attended at a pharmacy in response to a fraud radio call. The pharmacist advised that the patient seeking a prescription was on methadone treatment. Yet, the patient was asking for Fentanyl, a serious drug. The pharmacist was concerned about the hand written note with respect to the Fentanyl prescription that seemed out of the ordinary. The pharmacist advised that Fentanyl is rarely prescribed to patients already on methadone due to the danger of both drugs being taken together. This caused the pharmacist to be concerned that our client had doctored the prescription in an effort to get his hands on the Fentanyl drug. Based on this allegation, our client was charged with possession of a forged document, possession of a controlled drug, and double doctoring. It is safe to say that no one wants to be facing those kinds of intimidating charges.

Goal

The Crown was seeking jail as the penalty as fentanyl is a dangerous drug. Our goal was not only to avoid any jail time, but to clear our client’s name from the erroneous criminal charges.

The Strategy

It was our position that the charges laid were baseless and meritless. It was clear there was a misinterpretation of the events alleged. The goal was to immediately enter into meaningful discussions with the Federal Crown and provide critical information to clarify the misunderstanding. We would have to provide reliable supporting evidence such as medical documents and letters from the prescribing doctors confirming that Mr. S. had a legitimate prescription to the drug and was not engaged in any illegal activity. We aimed to successfully convey that prescription was valid and that both doctors were aware of the prescriptions that our client was relying on for his medical needs.

Verdict

The Federal Crown was given the entire context of the circumstances and critical background information with respect to our client’s medical history. This case resulted in a withdrawal of all charges. This was a huge relief to say the least. Mr. S. was ecstatic with the results and was ready to move on without a dark cloud looming over him. The effect of the withdrawal is as if the charges were never laid. We are happy to have advocated successfully on Mr. S.’s behalf.

Please Note: Past results not predictive of future results.

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