Is possession of drugs a crime in Canada?

Is possession of drugs a crime in Canada? 
Possession of drugs is a serious offence in Canada and encompasses a range of criminal activities related to controlled substances. In Canada, drug offences are governed by the Controlled Drugs and Substances Act (CDSA). This comprehensive legislation regulates the possession, trafficking, production, and distribution of controlled substances. The CDSA classifies drugs into different schedules, based on their potential for abuse and medical use, and outlines the penalties for offences related to each schedule. 

​The country’s laws aim to regulate, control, and deter the possession, trafficking, production, and distribution of illegal drugs. Understanding drug offences is crucial as they carry significant legal consequences that can impact one's life, career, and future opportunities.

What must the prosecutor prove in a drug case?
In a drug-related prosecution, the burden of proof lies on the prosecutor to establish two critical elements, “knowledge and control.” This means they must demonstrate that you were aware of the presence of illegal drugs and that the drugs were either in your immediate possession or located in a place you had authority over, such as your personal vehicle or residence.

To prove “knowledge,” the prosecutor must show that you were aware of the illicit substance's existence. This can be inferred through direct evidence, such as admissions made by you or witnesses who saw you interacting with the drugs.

​Regarding “control,” the prosecutor must demonstrate that you had the authority to access or influence the area where the drugs were found. For instance, if the drugs were discovered in your car, the prosecution must show that you had the ability to drive and control the vehicle, thus having dominion over its contents.

What is the penalty for possession of drugs in Canada?
Each type of drug falls under a certain category known as Schedules in the Controlled Drugs and Substances Act (CDSA), which helps determine the range of sentencing. There are nine schedules in total. The severity of the sentence for drug possession varies depending on the type of drug and the quantity involved and is mentioned as follows as provided under section 4, sub-section (2), (3) and (6) of the Controlled Drugs and Substances Act (CDSA):

• For substances in Schedule I: 
  • Includes heroin, cocaine, opium etc.
  • Indictable offence: Up to 7 years imprisonment.
  • Summary conviction: Up to $1000 fine and/or up to 6 months imprisonment for the first offence. Up to $2000 fine and/or up to 1 year imprisonment for subsequent offences.
• For substances in Schedule II: 
  • Includes cannabis, its preparations and derivatives, such as hashish. 
  • Indictable offence: Up to 5 years less a day imprisonment.
  • Summary conviction: Up to $1000 fine and/or up to 6 months imprisonment for the first offence. Up to $2000 fine and/or up to 1 year imprisonment for subsequent offences.
• For substances in Schedule III: 
  • Includes lysergic acid diethylamide (LSD) and psilocybin (magic mushrooms) etc. 
  • Indictable offence: Up to 3 years imprisonment.
  • Summary conviction: Up to $1000 fine and/or up to 6 months imprisonment for the first offence. Up to $2000 fine and/or up to 1 year imprisonment for subsequent offences.

Can you get a criminal record for drug possession in Canada?
Yes, a drug possession conviction can result in a criminal record, which can have significant consequences on various aspects of an individual’s life. A criminal record may hinder future employment opportunities, travel prospects, and even educational pursuits. It is essential to take drug possession charges seriously to avoid the long-term impact of a criminal record.

How do you beat drug charges in Canada?
When facing drug charges, it is essential to carefully explore all possible defences. There are several defences which are available to beat drug charges. However, some of the common defences are listed below:

• Unlawful search and seizure: Section 8 of the Canadian Charter of Rights and Freedoms protects individuals from unreasonable search and seizure. It can be argued in defence that the police violated this right when conducting the search, thereby rendering any evidence obtained as inadmissible.
• Lack of possession: The concept of possession is governed by Section 4(3) of the Controlled Drugs and Substances Act (CDSA). Prosecution's evidence of possession can be challenged on the grounds that the accused had no knowledge or control over the drugs.
• Mistaken identity: In cases where mistaken identity is a concern, Section 11(d) of the Canadian Charter of Rights and Freedoms guarantees the right to be presumed innocent until proven guilty in a fair and public hearing by an independent and impartial tribunal.
• Medical necessity: While the CDSA prohibits the possession of certain drugs, Section 56 of the CDSA allows for exemptions for medical purposes. This provision can serve as a valid defence in certain circumstances to argue that the accused's possession was medically justified.
• Invalid testing or analysis: The admissibility of drug testing and analysis provided can be challenged on the grounds of right to a fair trial under Section 11(d) of the Canadian Charter of Rights and Freedoms. The defence can argue to seek exclusion of the evidence so obtained if the validity of the drug testing is in question.
• Violation of charter rights: Any violation as to the charter rights of the accused such as the right to remain silent or the right to counsel, can form part of a strong defence strategy challenging the admissibility of evidence obtained through such violations.

Have you been charged with drug possession?
Facing drug charges can be an overwhelming and distressing experience, but you don't have to navigate it alone. If you or a loved one are dealing with drug charges, Salloum & Company is here to support you during these challenging times. 

Our in-depth knowledge and experience can provide the guidance and representation you need to protect your rights and build a strong defence. Don’t hesitate to reach out to us at (825) 901-2000 to schedule a consultation and take the first step towards securing the best possible outcome for your case. Remember, having the right legal team by your side can make all the difference in the resolution of your drug charges.