Canadian Criminal Law/Proof of Controlled Substance

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Proof of Substance

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The usual way of proving the nature of the substance is by a Certificate of Analysis. Under s. 51(1) of the CDSA, the certificate is presumed proof of the nature of the substance.

The Defence must get "reasonable notice" of the Certificate of Analysis. Reasonableness depends on the complexity of the case, amount of time passed, client's access to counsel, and the degree of prejudice created by the possibly late notice. The Crown must prove that notice was provided with notice of a "true and accurate" copy of the notice.

The Defence can ask for leave to have the Analyst brought into court for examination.

See also

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