Drug Offences

Drug Offences: Possession and Trafficking

If you are facing any drug charges (such as possession, trafficking, etc.), it is vital that you contact a lawyer as soon as possible. Convictions for serious drug offences, such as trafficking, carry serious punishments and can have significant consequences.

The term “Possession” is defined under s. 4(3) of the Criminal Code of Canada to include:
“(a) a person has anything in possession when he has it in his personal possession knowingly; or
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession it shall be deemed to be in the custody and possession of each and all of them.”

The act of “trafficking” is defined under s. 2 of the Controlled Drugs and Substances Act. Trafficking, according to this definition, means:
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b).

This is a complex area of law and requires the assistance of an experienced lawyer. If you are looking for advice on any matter concerning drug charges, please contact Sanja Mavrak at (416) 554-4974.