Drug Offences Chapter 9.4

The Narcotic Control Act During the 1960's there was a great increase in the use of Narcotics. Many people wanted to see the decriminalization of certain drugs. This led to the LeDain Commission (a royal commission into the non-medical use of drugs). The commission defined a drug as any substance that by its chemical nature alters structure or function in a living organism. The Narcotic Control act criminalizes possession and trafficking in narcotics. It falls under the federal jurisdiction. A schedule in the act lists over 100 drugs that are considered to be narcotics. A narcotic is anything that falls under the list, even though it technically may not be a narcotic. E.g. Marijuana.

Possession To possess an illegal narcotic is considered possession. Possession is a hybrid offence. This allows the crown discretion when laying charges. Therefore someone with one Marijuana joint will not be treated the same as someone with 20 Kg of Marijuana. The crown can also discriminate between first offence and people with numerous offences.

Definition of possession A person who gives drugs to a friend for safe keeping is as guilty of possession as the person who is holding it. A person who is part of a group using a narcotic can also be found in possession. E.g. Five people smoking a joint can all be charged with possession. The person who owns the house and allowing people to smoke the joint is also vulnerable.

Intent to Possess Besides having possession of an illegal drug, the crown must show there was intent to possess. The accused must know that the substance is a drug.

Offences Related to Trafficking Trafficking is defined as meaning to manufacturing, sell, give, administer, transport, send, deliver, or distribute. Just giving drugs to another person constitutes trafficking. No profit motive is necessary. The LeDain Commission recommended that giving another person a quantity of drugs that could reasonably be used on a single occasion should be decriminalized. A person who transports a drug is also guilty of trafficking, but the purchaser is not. After 1986 the Supreme Court ruled it is up to the crown to prove that an arrested person possessed a narcotic for the purpose of trafficking. Scales, large amounts of money and any other trafficking paraphernalia can be used as evidence.

Importing and Exporting The accused only has to arrange for drugs to be imported into a country and not actually import the drugs for a charge of importing and Exporting drugs. The offence is complete when the goods enter or leave the country. The maximum penalty for this crime is life imprisonment.

Prescription Shopping or Double Doctoring It is an offence to seek or obtain a narcotic or prescription from a doctor without disclosing all other narcotics or prescriptions for narcotics received within the previous 30 days. It is a hybrid offence, with a max of 7 years in prison.

Enterprise Crime and Laundering To deter people from trafficking narcotics, the government can seize any money or property that was obtained from money made from the trafficking of drugs. Laundering is to use, transfer the possession of, send, transport, transmit, alter dispose of, or otherwise deal with any property or proceeds from certain offences. The purpose of this is to reduce the easy movement of property, especially cash, obtained through the drug trade.

Police Searches The police can search anyone for the possession of narcotics if it is reasonable believe they possess narcotics. The police can search any dwelling other than a residence for narcotics. The police need a warrant to search a residence for narcotics