Most controlled-substance offences are prosecuted under the federal Controlled Drugs and Substances Act. The legal issues depend on the substance and schedule, the alleged conduct, possession and knowledge, the purpose attributed to the possession, and the search or investigative powers used.
Primary legislation and official process sources checked October 5, 2026. Criminal law and court procedure can change; verify the current source before relying on a provision or deadline.
Simple possession
Possession offences depend on the scheduled substance and proof of possession, including knowledge and control.
- personal possession
- constructive possession
- joint possession
Trafficking and possession for trafficking
Section 5 prohibits trafficking and possession for the purpose of trafficking in scheduled substances.
- sale or transfer
- possession for purpose
- circumstantial evidence
Production
Section 7 governs unauthorized production of substances in specified schedules.
- production activity
- authorization
- premises and equipment
Importing and exporting
Section 6 regulates unauthorized import, export and possession for the purpose of export.
- border investigation
- courier or mail
- purpose to export
Search, bail and sentencing
Drug cases often intersect with warrant law, detention, forfeiture issues and offence-specific sentencing rules.
- search warrant
- bail
- sentencing
Official and authoritative sources
- Justice Canada — Controlled Drugs and Substances Act
- Justice Canada — Canadian Charter of Rights and Freedoms
- Justice Canada — Criminal Code
- Nova Scotia Legal Aid — Criminal Law Resources