Canadian Criminal Law/Offences/Drug Trafficking

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Drug Trafficking
Section 5 of the Controlled Drugs and Substances Act
Election / Plea
Election Hybrid/Indictable (varies)
Jurisdiction Prov. Court
SC Judge + PI(indict.)
SC Jury + PI (indict.)
Summary Dispositions
Avail. Disp. varies on Schedule
Minimum varies on Schedule
Maximum varies on Schedule
Indictable Dispositions
Avail. Disp. (Indict.) varies on Schedule
Minimum (Indict.) varies on Schedule
Maximum (Indict.) varies on Schedule
References
Offence Elements
Sentencing Principles
Sentence Digests

Legislation[edit]

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[edit]

Possession for the Purpose of Trafficking[1]
Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of:

  1. Possession of Substance (Knowledge, consent, control)
    1. must have knowledge of the illegal nature of the substance
  2. Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
  3. the accused knew of (or held a belief as to) the nature of the substance
  4. Possession of Substance was not authorized
  5. The accused intended to traffick the Substance

Trafficking
Along with the essential elements of time and date, identity and jurisdiction, the Crown must prove the elements of:

  1. Accused was trafficking in a substance
  2. the substance was Schedule I to V Controlled Substance

Sources:

  1. R. v. Chan, 2003 CanLII 52165 (ON CA), (2003), 18 C.R. (6th) 322 at 30 to 32

Interpretation[edit]

Typical Motions and Orders[edit]

Typical Defences[edit]

See Also[edit]