Possession for the Purpose of Trafficking and Trafficking offences?

To prove possession, the Crown must prove that the item seized was in fact an illegal drug as defined by the Controlled Drugs and Substances Act. To do this they will have the item tested in a lab by Health Canada.

The Crown must also prove that the individual charged had control of the item seized and had knowledge that the item was an illegal drug. This is not always as easy to prove as it sounds. For this reason you should consult a lawyer to discuss your case.

To prove that the item was for the purpose of trafficking, the Crown must not only prove that the person had some type of possession of the illegal drug but that he or she possessed the drug with the intention to sell or give it to someone else.

To determine whether the illegal drug was for the purpose of trafficking, there are a number of factors the Court will consider including (but not limited to):

i. the quantity of the drugs seized

ii. the manner in which the drugs are stored (in individual bags for single uses or in a large quantity)

iii. if any money was found and how much money was found

iv. if any drug paraphernalia was found (i.e. scales, pipes, etc..)

v. unexplained wealth (if the person has thousands of dollars but is on social assistance)

vi. presence of other individuals who are known drug users or sellers

vii. any statements made by the person being charged or other individuals

viii. whether the person charged is a drug user (for example, even if the amount of drugs is more than a few individual uses, if the accused individual testifies to being a user, the judge may only find the individual guilty of possession and not possession for the purpose of trafficking. The potential penalty for possession for the purpose of trafficking is much greater than simple possession).

Trafficking consists of the selling or giving of an illegal item to another person. You do NOT have to be given anything in exchange for the illegal item to be considered trafficking.