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Elements of Traffic in a Controlled Substance – Section 5(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

  • 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:


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

Related Links:

Statutory wording for Trafficking in a Controlled Substance

Drug Analysis Section Protocols for Seized Drugs


Legal Issues