The Controlled Drugs and Substances Act (“CDSA”) makes it an offence to “possess” specified substances. Possession of a drug requires knowledge of the drug and control over it. A person’s knowledge of a drug may be proven by circumstantial evidence. Control is power or authority over the drug, but it is not necessary that the power or control, in fact, be exercised.
Federal Prosecutors are responsible for the prosecution of drug offences in Canada.