Calgary drug possession charges and convictions are serious business. Drug possession may be actual or constructive. It is important to keep in mind that a Crown prosecutor may charge you with drug possession under the Criminal Code of Canada even if you do not have the drugs directly on your person.
Fortunately, however, there are some valid legal defences to Calgary drug possession charges. If you have sustained a charge or conviction for drug possession in Calgary, the Bourdon Defence lawyers can provide you with thorough, resulted-oriented legal representation throughout your case.
Proving Drug Possession in Calgary
To convict someone of actual or constructive drug possession, the Crown prosecutor must be able to prove several legal elements beyond a reasonable doubt. First of all, in any drug possession case, the prosecutor must be able to show that the drug at issue is actually an illegal drug under the Controlled Drugs and Substances Act. Those illegal drugs include marijuana, heroin, crystal meth, opium, and others. In order to show actual drug possession, the Crown must be able to demonstrate—beyond a reasonable doubt—that the defendant knew what the drug was and that he or she had some degree of control over that drug. Even if an individual is not determined to be in actual possession of an illegal drug, he or she may still be in constructive possession of that drug. In order for the prosecutor to prove constructive possession, he or she must be able to demonstrate both of the following legal elements:
- That the person had knowledge of the existence of the drug
- That the person had some control over the drug
Knowledge and Control Over the Drug
For purposes of constructive drug possession, the determination as to whether someone knew of the drugs and had control over them is largely factual. For example, if an individual owns a vehicle and the police ultimately find drugs in the vehicle’s glove compartment, the prosecution will likely argue that the driver knew about the drugs and that he or she constructively possessed them (i.e., since the police found drugs in the defendant’s own vehicle). However, if officers found the drugs in the vehicle’s glove compartment and the person charged with drug possession is a passenger, there is a much greater chance that the passenger did not know about the drugs—since he or she did not own the vehicle. There is also a question as to what, if any, control a vehicle passenger has over the glove compartment.
Contact a Criminal Defence Lawyer in Calgary Today to Discuss Your Legal Options
If you have been charged with actual or constructive possession of an illegal drug in Calgary, the criminal defence lawyers at Bourdon Defence may be able to pursue a dismissal of your criminal charge. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.