Drug Offenses

The Controlled Drug and Substance Act (C.D.S.A.) is dealt with by the Ontario Court of Justice, Federal Division by a Federal appointed Crown from the department of Justice. Most people charged with a C.D.S.A. drug offence will be dealt with in this forum.

A complete copy of the C.D.S.A. listing all of the illegal, illicit and controlled drugs can be found at the Department of Justice Canada website.

It is illegal in Canada to possess, produce or traffic in Marihuana.

“Possession” means:

A person is in possession of something when it is in their personal possession or knowingly:

has it in the actual possession or custody of another person, or
has it in a place, whether or not that place belongs to or is occupied by them, for the use or benefit of himself or of another person; and,

Where one of two or more persons, with the knowledge and consent of the rest has anything in their custody or possession, it shall be deemed to be in custody and possession of each and all of them.

“Trafficking” means:

to sell, administer, give, transfer, transport, send or deliver the substance
to sell an authorization to obtain the substance, or
to offer to do anything mentioned in a) or b) above, otherwise than under the authority of the regulations.

A person also commits an offence of trafficking in a substance included in Schedule I, II, III, or IV or in any substance represented or held out to be by that person a substance.

“Possession of the Purpose” means that the person must be in “possession” as set out in the definition above and for the purpose of “trafficking” as set out in the definition above.