- Is this a location known for drugs? Stats on number of arrests/seizures in this area to objectively show reasonableness of belief
- Continuity of suspect. Especially if visual contact with the accused was broken between observation of the offence and the point of arrest
Grounds for Arrest/ Actions of Accused:
Statement of the Accused
- Section 4(1) Contains an exception for people who are “authourized under regulations” to possess a controlled substance. If the accused was asked if they have an authourization to possess, their responce MAY be considered admissible in order to address this presumption.
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?
- Were any of the aggravating factors present in this drug offence?
Statutory wording for Possession of a Controlled Substance
Drug Analysis Section Protocols for Seized Drugs
- Possession – Legal Issues
- Possession – Definition