Drug Offences

Drug offences in Canada are prosecuted under the Controlled Drugs and Substances Act.  Depending on the nature of the offence and drug, the consequences can range from absolute discharges to very lengthy penitentiary sentences.

Drug charges typically come down to two central issues: legal “possession” and/or the manner in which the police obtained the drugs.  There are many other defences that also apply such as proof of the nature of the substance, whether or not the drug was possessed with a purpose to traffic, or whether or not a particular activity took place.

Drug Possession 

is the charge which arises from having a substance in your control which you are prohibited to possess. Drug possession is listed under federal legislation called the Controlled Drugs and Substances Act (“CDSA”), not under the Canadian Criminal Code. It is an offence to possess any substances listed in Schedules I, II, or III of the CDSA, unless you have authorization to do so. The most common substances listed in the CDSA schedules are cocaine, heroin, methamphetamine, fentanyl, opium, morphine, LSD, oxycodone, GHB, PCP, and Psilocybin 

Drug Trafficking

Drug trafficking can include the following activities with illegal drugs:

  • Selling
  • Giving
  • Transporting
  • Administering
  • Transferring
  • Sending
  • Delivering


If you have been charged with any druge offence, call Nikolas now at 613-233-2542