Possession

Yes. Depending on the substance, circumstances of the offence, and applicable law, a drug possession conviction can result in imprisonment and monetary penalties.

• Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
• Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
  • the right against unreasonable search and seizure;
  • the right to not be arbitrarily detained;
  • the right to be informed promptly of the reasons for arrest;
  • the right to retain and instruct counsel without delay; and
  • the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

• The potential penalties for possession depend on the substance involved, the applicable schedule, the circumstances of the offence, and whether the Crown proceeds by summary conviction or indictment where applicable.
• For a Schedule I Substance, the potential penalties may include:
  • If the Crown proceeds by summary conviction:
    • For a first offence: a maximum fine of $1,000 and a term of imprisonment not exceeding six months, where applicable.
    • For a subsequent offence: a maximum fine of $2,000 or a term of imprisonment not exceeding one year, or both, where applicable.
  • If the Crown proceeds by indictment: a maximum punishment of imprisonment as provided by the applicable legislation.
  • For a Schedule II Substance:
    • If the Crown proceeds by summary conviction:
      • For a first offence: a maximum fine of $1,000 or a term of imprisonment not exceeding one year, or both, where applicable.
      • For a subsequent offence: a maximum fine of $2,000 or a term of imprisonment not exceeding one year, or both, where applicable.
    • If the Crown proceeds by indictment: the applicable maximum punishment depends on the specific substance and offence.
  • For a Schedule III Substance:
    • If the Crown proceeds by summary conviction:
      • For a first offence: a maximum fine of $1,000 or a term of imprisonment not exceeding one year, or both, where applicable.
      • For a subsequent offence: a maximum fine of $2,000 or a term of imprisonment not exceeding one year, or both, where applicable.
    • If the Crown proceeds by indictment: the applicable maximum punishment depends on the specific substance and offence.

Under the Controlled Drugs and Substances Act (CDSA), the possession of illegal drugs and other controlled substances is a punishable criminal offence. Drug Possession may result in conviction, imprisonment and significant fines.

To be in possession of a substance, one must have knowledge and control of the substance. The definitions of knowledge and control have been intricately defined and interpreted through many years of case law. Many cases have been decided on whether an accused is in possession of contraband. Possession is a complex area of law that requires careful consideration of the facts and evidence.

Amendments to the Controlled Drugs and Substances Act have introduced mandatory minimum penalties for particular drug offences in certain circumstances. Whether a mandatory minimum applies depends on the specific offence and circumstances.

Yes, it is possible for someone to be found guilty of drug possession even if no drugs are physically found on them. In such cases, the prosecution must establish the required elements of possession, including the necessary knowledge and control over the substance. For instance, if drugs are located in a space under the person’s control, such as their home or vehicle, this may be relevant evidence of possession. Evidence such as communications, witness statements, or items linked to drug activity can also be used to support the charge. The court will assess all the evidence presented to determine whether the charge is proven beyond a reasonable doubt.