Drug Offences

Controlled Drugs and Substances Act is the federal statute that deals with narcotics and other controlled drugs such as heroin, cocaine and marijuana. Controlled Drugs and Substances Act is the federal statute that deals with narcotics and other controlled drugs such as heroin, cocaine and marijuana. Some common drug related offences include possession, trafficking and money laundering Some common drug related offences include possession, trafficking and money laundering

Jason wasn’t a fan of Ryan’s. Ryan had really itchy feet. Jason gave Ryan a package of white powder and told him it was foot powder when actually it was low grade heroin. After Jason left he called crime stoppers with a tip that Ryan was carrying drugs. Should Ryan be charged with possession? Jason wasn’t a fan of Ryan’s. Ryan had really itchy feet. Jason gave Ryan a package of white powder and told him it was foot powder when actually it was low grade heroin. After Jason left he called crime stoppers with a tip that Ryan was carrying drugs. Should Ryan be charged with possession? No, because Jason didn’t have knowledge of what the powder was. No, because Jason didn’t have knowledge of what the powder was.

Dani placed and ounce of marijuana in Taylor’s gym bag. Mr. Keyes searches the bag and calls police. Could Dani be charged with possession? Dani placed and ounce of marijuana in Taylor’s gym bag. Mr. Keyes searches the bag and calls police. Could Dani be charged with possession? Yes, Dani could be charged even though the drug was in Taylor’s bag! Yes, Dani could be charged even though the drug was in Taylor’s bag!

Brandon and Matt were going to a party when Brandon stopped to pick up some ecstasy. He told Matt what he was doing and Matt offered no objection. Could Matt be charged with possession? Brandon and Matt were going to a party when Brandon stopped to pick up some ecstasy. He told Matt what he was doing and Matt offered no objection. Could Matt be charged with possession? Yes, even though the drugs did not belong to Matt and he didn’t take them he could be charged on the basis of consent. Yes, even though the drugs did not belong to Matt and he didn’t take them he could be charged on the basis of consent.

Possession Possession is the state of having knowledge of and control over something. To prove possession… Possession is the state of having knowledge of and control over something. To prove possession… The person in possession must know what the item is and have some measure of control over it. The person in possession must know what the item is and have some measure of control over it. A person may be found in possession even if he/she gave the item in question to another person. A person may be found in possession even if he/she gave the item in question to another person. A person can be charged with possession even if the person does not own or the controlled substance or have it in his/her possession, as long as the person knows about it and consents to its possession by someone else. A person can be charged with possession even if the person does not own or the controlled substance or have it in his/her possession, as long as the person knows about it and consents to its possession by someone else.

Trafficking Trafficking-a criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance. (doctor’s prescription) Trafficking-a criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance. (doctor’s prescription) To prove trafficking the Crown must prove beyond a reasonable doubt that the accused possessed the controlled substance with the intention of trafficking. To prove trafficking the Crown must prove beyond a reasonable doubt that the accused possessed the controlled substance with the intention of trafficking.

How do you establish intention of trafficking? How do you establish intention of trafficking? Quantity of drugs was much greater that what is required for personal use. Quantity of drugs was much greater that what is required for personal use. Scales Scales Bags Bags Lists of names Lists of names Large amounts of cash Large amounts of cash Crown only has to prove intent to make the offer not intent to carry it out Crown only has to prove intent to make the offer not intent to carry it out

Money Laundering Money Laundering- practice of transferring cash or other property to conceal its illegal origin. Money Laundering- practice of transferring cash or other property to conceal its illegal origin. To prove money laundering To prove money laundering Dealing with any proceeds of a crime Dealing with any proceeds of a crime Intention to conceal money or property and knowledge that it was illegally obtained Intention to conceal money or property and knowledge that it was illegally obtained Existence of the money or property, participating in conspiracy or counseling or being and accessory after the fact or committing any act or omission related to an offence. Existence of the money or property, participating in conspiracy or counseling or being and accessory after the fact or committing any act or omission related to an offence.

It is legal to set up a money laundering operation as part of a criminal investigation. Read R. v Matthiessen on page 269 of your book. Answer the three questions to be passed in. It is legal to set up a money laundering operation as part of a criminal investigation. Read R. v Matthiessen on page 269 of your book. Answer the three questions to be passed in.