Anne-Sophie Dagenais

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Drug possession

The federal Controlled Drugs and Substances Act lists all the illegal drugs that you are not permitted to have in your possession, even if they do not belong to you. To be convicted of drug possession, the Crown prosecutor must prove beyond a reasonable doubt that the defendant had physical custody of the drug, which means that the drug was somewhere on you, or in a place that you control, for instance your home or your car. The Crown must also prove that you knew that the seized substance was an illegal drug.

If you wish to avoid a criminal record, contact Me Dagenais to have the best Defence Attorney.

 

Definition of possession under section 4(3) of the Criminal Code

(3) For the purposes of this Act,

(a) a person has anything in possession when he has it in his personal possession or knowingly

     (i) has it in the actual possession or custody of another person, or

     (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit

     of himself or of another person; and

(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.