Drug Possession Lawyer in Canada

What Drug Possession covers in Canadian criminal law

What the Crown must prove

The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.

• The substance was a controlled substance listed in a Schedule to the Act
• The accused knew the nature of the substance
• The accused had a measure of control over the substance
• Possession was personal, constructive or joint within the meaning of section 4(3) of the Criminal Code
• Continuity of the exhibit and a valid certificate of analysis

Penalties and consequences on conviction

• A criminal record for a drug offence, with consequences for employment and travel
• Fines, probation and treatment conditions in most first-offence cases
• Custody in cases involving Schedule I substances and a related record
• Border inadmissibility to the United States, which can be permanent
• Immigration consequences for permanent residents and temporary residents

Common defences

• No knowledge of the presence or nature of the substance
• No control, particularly where the substance was in a shared or public space
• Section 8 Charter challenge to the search of a person, vehicle, residence or phone
• Section 9 challenge to an arbitrary detention leading to the search
• Exclusion of the evidence under section 24(2) of the Charter
• Diversion, treatment referral or a conditional discharge as a resolution avoiding conviction

Drug possession lawyer: frequently asked questions

Can I be charged with possession for drugs found in someone else's home?

You can be charged, but a conviction requires proof of knowledge and control. Mere presence in a place where drugs are found is not enough. The Crown must show that you knew about the substance and had some measure of control over it, which is frequently the issue that decides these cases.

Does a possession charge always lead to a criminal record?

No. Many simple possession charges are resolved through diversion, treatment programs or a conditional discharge, none of which produce a conviction. Section 10(5) of the Act also directs officers to consider alternatives to charging, and several prosecution services have directives favouring non-criminal outcomes.

Can police search my phone after a possession arrest?

Only within limits. A search of a phone incident to arrest must be truly incidental, tailored in scope, and documented in detail. Searches that go beyond those limits are routinely found to breach section 8 of the Charter, and the resulting evidence may be excluded.