Offences under the Controlled Drugs and Substances Act
Get the best defence when charged with drug offences.
Drug possession is the crime of having one or more illegal drugs in one’s possession, and implies a control over the substance and a knowledge of the nature of the substance.
Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction. A person has possession of drugs if he or she has actual physical control of the drugs or if the drugs are on that person.
A person also has possession of drugs if he or she has the power and intent to control their disposition and use.
Trafficking involves the selling, distribution or transportation of drugs. The Criminal Code does not require proving that the accused had the intent to follow through with the offer.
The term traffic not only includes the sale itself, but also the presentation for sale, the offer for sale and the possession for the purpose of selling.
As such, there is no need to prove that the accused had drugs on him at the time or even that he was capable of fulfilling the request.
Importation and exportation
Importation and exportation are a kind of trafficking that involves bringing an illegal substance into or out of the country.
These infractions often involve the importation of drugs discovered in luggage, directly on your person or elsewhere.
Being caught bringing illegal drugs into Canada carries substantial penalties, often a lengthy jail sentence.
Under the Criminal code, production involves obtaining the substance by any method or process including manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or cultivating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained.
According to the Criminal Code, a judge must take into account “aggravating” factors specific to drug-related crimes.
An aggravating factor is something that makes the crime more serious in the eyes of the law.
These aggravating factures include using or carrying a weapon at the time of the crime, threatening or using violence at the time of the crime, involvement of minors as accomplices or customers, committing the crime on or near school grounds or near an area where people under the age of 18 spend time, and a previous record.
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