Canadian Criminal Law/Offences/Drug Possession

This concerns possession of drugs for personal use. For charges related to possession for the purpose of trafficking, see Drug Trafficking.

Elements of Offence

 * 1) identity of accused
 * 2) date and time of incident
 * 3) jurisdiction (incl. region and province)
 * 4) Possession of Substance (Knowledge, consent, control)
 * 5) Substance is a Control Substance under the CDSA (certificate of analysis, chain of possession, amounts found)
 * 6) Possession of Substance was not authorized

Interpretation
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.

Defences

 * De Minimus

Relevant Trial Motions

 * Exclusion of public from court (s. 486)