Elements of Production of a Controlled Substance – Section 7(1) – CDSA

Date, Time and Location

• Is this a location known for drugs?  Stats on number of arrests/seizures in this area to objectively show reasonableness of belief

Identification of the accused

• Is the place of arrest different from the location of offence?
• Continuity of suspect. Especially if the accused is not present at time of discovery (grow-ops, labs)

Grounds for Arrest/ Actions of Accused:

• Evidence the Accused was “trafficking” (see Definition)

Grounds for Search

Continuity of Exhibit

• The continuity of the drugs, (or drug related exhibits) are often a key focus of defence arguments from the time the drugs are located till the time they are secured or sent to the lab for analysis.
• Where/when were the drugs located? (detailed to each pocket or pouch)
  • Were they seized, tagged separately?
• Where/ when were the drugs placed during arrest, during transport, upon arrival at police office.
• Was the pocket, bag, envelope, trunk, glove compartment etc. checked for the presence of other drugs and clean?
• Were the drugs tagged and submitted according to the Drug Analysis Section Protocols on drug seizures
• Has a Drug Expert been requested to provide evidence regarding the seized exhibits?

Aggravating Factors

• Were any of the aggravating factors present in this drug offence?

Related Links:

Statutory wording for Trafficking in a Controlled Substance

Legal Issues

• Possession – Legal Issues
• Possession – Definition
  • CDSA
  • Criminal Code
• Definition of Traffic, Trafficking

Schedules

• Schedule I CDSA
• Schedule II CDSA
• Schedule III CDSA
• Schedule IV CDSA