Canadian Criminal Law/Offences/Drug Trafficking

Legislation Trafficking in substance 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. Possession for purpose of trafficking (2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV. CDSA Proving the Offence Possession for the Purpose of TraffickingR. v. Chan, 2003 CanLII 52165 (ON CA), (2003), 18 C.R. (6th) 322 at 30 to 32 Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of: Possession of Substance (Knowledge, consent, control) must have knowledge of the illegal nature of the substance Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found) the accused knew of (or held a belief as to) the nature of the substance Possession of Substance was not authorized The accused intended to traffic the Substance Trafficking Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of: Accused was trafficking in a substance the substance was Schedule I to V Controlled Substance Sources: 2 Interpretation Typical Motions and Orders Typical Defences Entrapment See Also Trafficking Drug Production CDSA Schedules Drug Trafficking