Were You Found Guilty of a Drug Offence in Ontario Between 1988 and 2001?

Health Canada recently identified concerns with some Certificates of Analyst issued by one analyst in the Toronto Drug Analysis Service Laboratory. Certificates of Analyst are used to prove the nature of substances in drug prosecutions.

The Department of Justice Canada is taking steps to make people aware of this situation. Health Canada has reviewed the work of the analyst and has found problems with respect to 192 certificates regarding the nature of the substance and 13 certificates regarding the purity of the substance. The Department of Justice Canada will notify each accused found guilty of an offence to which one of these certificates relates.

If you have been found guilty in the province of Ontario of an offence pertaining to an illicit drug between June 1, 1988 and May 31, 2001, and want to find out whether your Certificate of Analyst is one of those in question, you can access the following Web site: www.hc-sc.gc.ca/expo. This site lists the numbers of all certificates prepared by this analyst. If you do not have Internet access, contact the Department of Justice Canada directly by phone (416) 973-0957 or by facsimile (416) 973-8253. Collect calls will be accepted.

If you believe you have been affected:

If you have followed these steps and determined your certificate was one of those prepared by the analyst, you may have a claim for relief, depending on the circumstances of your case. The following forms of relief may be available:

• an extension of time in which to file an appeal;
• an appeal to set aside the conviction and enter an acquittal or a stay of proceedings or order a new trial;
• a direction from the Minister of Justice for a new trial or appellate hearing under s.690 of the Criminal Code; and,
• a pardon, repayment of any fine paid or release from custody, where appropriate.

You may wish to consult your lawyer to obtain advice on whether a remedy is available to you.

Those seeking a form of relief must complete a NOTICE OF INTENDED APPLICATION and may be required to provide an affidavit.

• Protocol I - For Certificates of Analyst Identified by Health Canada as Unacceptable
• Notice of Intended Application (Where Health Canada Has Identified an Issue With the Certificate of Analyst)
• Protocol II - For Certificates of Analyst not Identified by Health Canada as Demonstrably Unacceptable
• Notice of Intended Application (Where Health Canada Has Not Identified an Issue With the Certificate of Analyst)