What are most common types of Drug Offences in Canada?
- Drug Possession (simple possession)
- Drug Possession for the Purpose of Trafficking Charges (referred to as “P4P”)
- Drug Trafficking Charges
- Drug Importing / Exporting Charges
- Drug Production / Manufacture Charges
What is the Controlled Drugs & Substances Act?
The regulation of illegal drugs or substances in Canada falls under the authority of the Controlled Drugs and Substances Act (CDSA). The CDSA is a federal legislation that was passed in 1996 and is comprised of 8 schedules of controlled substances and 2 classes of precursors.
How are drugs classified under the CDSA?
- Schedule I substances consist of hard street drugs such as opium, cocaine, heroin, ecstasy, MDMA, GHB, oxycodone, other forms of opiate derivatives, and more
- Schedule II substances includes marijuana and its various derivatives.
- Schedule III substances include LSD, DMT, Mescaline, and more
- Schedule IV substances include anabolic steroids, benzodiazepines, such as diazepam, valium, and more.
It is illegal to possess a CDSA scheduled drug or substance. The Controlled Drugs and Substances Act (CDSA) prohibits possession as follows:
- (1)Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
There are typically three key elements to the criminal offence of drug possession: 1) knowledge 2) control 3) consent.
A Crown Attorney (prosecutor) can prove a drug possession charge by establishing that a person is in possession of a drug through one of three types of possession:
1. Actual Possession
(i) has it in the actual possession or custody of another person, or
2. Constructive Possession
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
3. Joint Possession
(iii) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
DRUG POSSESSION FOR THE PURPOSE OF TRAFFICKING
The CDSA prohibits possession for the purpose of trafficking:
5 (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
What does the Crown have to prove in cases of Possession for the Purpose of Trafficking?
To establish the guilt of an accused for a charge of possession for the purpose of trafficking, the Crown must prove the following essential elements beyond a reasonable doubt:
- time, date, identity of accused, and jurisdiction
- the accused was inpossession of an illegal drug or substance;
- the accused knew he was in possession of an illegal drug (knowledge of illegal nature of the drug);
- the accused had possession of an illegal drug or substance for the purpose of trafficking in it – intended to traffick the substance
- the accused was not authorized to possess the substance
- the drug is a controlled drug under the CDSA
The CDSA prohibits trafficking:
5 (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
The CDSA defines trafficking as follows:
(1) “traffic” means, in respect of a substance included in any of Schedules I to IV,
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.
What does the Crown (Prosecutor) have to prove in cases of Drug Trafficking?
To establish the guilt of an accused for a charge of trafficking, the Crown must prove the following essential elements beyond a reasonable doubt:
- time, date, identity of accused, and jurisdiction
- the accused was trafficking in a substance
- the substance of a scheduled substance under the CDSA
The Controlled Drugs and Substances Act (CDSA) prohibits importation/exportations as follows:
- (1)Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
The Controlled Drugs and Substances Act (CDSA) prohibits production as follows:
- (1)Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
The Controlled Drugs and Substances Act (CDSA) defines production as follows:
2 (1) “produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained, and includes offer to produce
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