Canada - SWIMS boyfriend

[Charolastra]

Last night swims boyfriend injected himself with a very huge amount of ketamine, passed out, dropped a glass cup, and started foaming at the mouth.

His parents heard the glass cup drop so they came upstairs to check on him and saw what happened. They called the ambulance and the cops came along. They searched his room and found a big amount of ketamine. He was brought to the hospital and now he's back home.

He'll be going to court soon and might have to go to jail.

What are the penalities for something like this? (they live in Ontario, Canada)

[Richi]

Ketamine is Schedule I in Canada, meaning it is strictly controlled.

Subsection (3) of Part 1 of the Controlled Drugs and Substances Act states:

(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.



These are maximum punishments. A lawyer should be contacted to determine what can be done to reduce the sentence. Good luck.

[Nature Boy]

Originally Posted by Charolastra

They called the ambulance and the cops came along. They searched his room and found a big amount of ketamine.

Why would the cops come along if they called for an ambulance? Do the cops pry into these situations if they get a tip-off from the medical authorities or did his parents tell on him? Either way, this has turned into a much bigger mess than it should have been. I hope whoever's responsible realises that.

[Lobsang]

How in the hell did hiw room get searched? Did his parents allow this? And if so they may not have the authority to allow it without a warrant. But I dunno in Canada.

[Richi]

Originally Posted by Lobsang

How in the hell did hiw room get searched? Did his parents allow this? And if so they may not have the authority to allow it without a warrant. But I dunno in Canada.

Police are required to have either (a) a warrant to search a house or (b) permission from the owner of the house.

[Nature Boy]

That must mean they got permission because getting a warrant so quickly would have been impossible. A very stupid move if they end up having to cover the legal costs.

[Lobsang]

Police are required to have either (a) a warrant to search a house or (b) permission from the owner of the house.

OK...But if the boyfriend is over 18 then possibly a case can be made that hiw space within the house was not permitted to be searched without a warrant on the authority of his parants. That his space within the house was his. Along those lines. But I dunno. Just trying to help find a way out of this.

[Richi]

Originally Posted by Lobsang

OK...But if the boyfriend is over 18 then possibly a case can be made that hiw space within the house was not permitted to be searched without a warrant on the authority of his parants. That his space within the house was his. Along those lines. But I dunno. Just trying to help find a way out of this.

From the OP it seems as though the parents were the owners of the house. Their son (the boyfriend) lives with them but is not entitled to any rights to the property.

At this point, a case depends on what has already been told to the authorities. A lawyer must be advised.

[Lobsang]

Originally Posted by Richi

From the OP it seems as though the parents were the owners of the house. Their son (the boyfriend) lives with them but is not entitled to any rights to the property.

At this point, a case depends on what has already been told to the authorities. A lawyer must be advised.

Well for example if a person was to rent a room from them I would think that the room would be protected from search without a warrant. So IF that is the case in Canade or the law could be challanged then the boyfriend's room should be protected. Once the guy reaches the age of majority his room or possessions should be his and not the parents. Once you reach adulthood your parants do not have the right to go through your drawers or pockets so I would argure that they do not have the right to give permission to someone else to do so. That is what I would argue.