Canadian Criminal Law/Offences/Drug Possession
|Section 4 of the Controlled Drugs and Substances Act|
|Election / Plea|
|Election||Summary (<1g R or 10g M)|
|Jurisdiction||Prov. Court |
SC Judge + PI (Indict.)
SC Jury + PI (Indict.)
|Offence Elements |
This concerns possession of drugs for personal use. For charges related to possession for the purpose of trafficking, see Drug Trafficking.
Possession of substance
4. (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
(2) No person shall seek or obtain
- (a) a substance included in Schedule I, II, III or IV, or
- (b) an authorization to obtain a substance included in Schedule I, II, III or IV from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Elements of Offence
- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- Possession of Substance (Knowledge, consent, control)
- Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
- Possession of Substance was not authorized
As part of the proof of possession, the accused must have knowledge of the narcotic substance. It is not necessary however to be aware of the exact type of drug, rather only be aware that it is illegal.
- R v Blondin (1970) 2 CCC (2d) 118 (BCCA)
- R v Burgess,  3 CCC 268 (ONCA)
- De Minimus
Relevant Trial Motions
- Exclusion of public from court (s. 486)