Drug Possession

Controlled Drugs and Substances Act

A conviction under the Controlled Drugs and Substances Act (CDSA) can lead to severe consequences, including travel restrictions and challenges in securing future employment. If you are facing possession charges, contact Song Criminal Defence to speak with a lawyer immediately.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity of the Accused: The prosecution must establish the identity of the accused.

• Date and Time of the Offence: The offense must have occurred within the specified timeframe.

• Jurisdiction: The case must fall under the appropriate legal jurisdiction.

• Possession: The accused must have possessed the substance.

• Knowledge: The accused must have known about the substance in their possession.

• Control: The accused must have exercised control over the substance.

• Consent: The accused must have consented to the possession.

• Schedule Classification: The substance must be listed under Schedule I, II, or III of the CDSA.

• Certificate of Analysis: A Certificate of Analysis must be presented as evidence.

• Chain of Possession: The chain of possession must be preserved and documented.

• Amount: The amounts of the substance must be presented in evidence.

• Unauthorized Possession: The possession of the substance must not be authorized under the CDSA.

Sentencing on Conviction | “Punishment”

• Criminal Record: A drug conviction will result in a permanent criminal record.

Schedule I:

• Maximum Penalties:

  • Summary Conviction: Up to 6 months in jail or a $1000 fine.

  • Indictable Offense: Up to 5 years less a day in prison.

Schedule II:

• Maximum Penalties:

  • Summary Conviction: Up to 6 months in jail or a $1000 fine.

  • Indictable Offense: Up to 5 years in prison.

Schedule III:

• Maximum Penalties:

  • Summary Conviction: Up to 6 months in jail or a $1000 fine.

  • Indictable Offense: Up to 7 years less a day in prison.

How Song Criminal Defence Can Help

Understanding the implications of a possession charge is crucial. At Song Criminal Defence, we are dedicated to helping you navigate the complexities of the legal system. Contact us today for a free consultation to discuss your situation, explore the potential consequences, and create a tailored strategy to address your charges effectively.