CDSA, Cannabis Act and Cannabis Control Act, 2017

Question 1

Of CDSA charges, paralegals may only appear on

Answer 1

• charges of simple possession on a first offence
• charges of obtaining a substance
• obtaining an authorization to obtain a substance from a practitioner pursuant to s4(2) of the CDSA on a first offence

Question 2

For CDSA charges, the Crown must prove beyond a reasonable doubt that

Answer 2

the substance is a prohibited substance and that the accused was in possession of the drug by having knowledge and control over it

Question 3

Possession may be

Answer 3

physical or vicarious

Question 4

What is the max sentence for a first offence/proceeding by summary conviction?

Answer 4

6 months imprisonment and/or $1,000 fine

Question 5

Under section 4(1) of the CDSA, what is a defence to possession?

Answer 5

no person is to be charged with or convicted of possession if the person seeks assistance for, or remains at the scene while assistance is sought for a person suffering from a medical emergency induced by a psychoactive substance that results in a life threatening situation

Question 6

Section 4(2) of the CDSA makes it an offence for a person to

Answer 6

seek or obtain certain controlled substances or an authorization to obtain such substances from a practitioner unless the person discloses particulars relating to the acquisition or authorization from any other practitioner within the previous 30 days

Question 7

How does the Crown prove the nature of a substance?

Answer 7

Through testing done by Health Canada, who then issue a certificate of analysis. The certificate is admissible at trial as proof of the nature of a substance

Question 8

Restraint orders per section 14 of the CDSA prohibit

Answer 8

any person from disposing of or otherwise dealing with any interest in the offence-related property other than as specified.

Question 9

When the AG applies for a restraint order per section 14 of the CDSA, the judge must find that

Answer 9

there are reasonable grounds to believe that the property is non-chemical offence related property

Question 10

An order under section 14 of the CDSA will remain in effect until:

Answer 10

• there is an order of restoration to an innocent owner under section 19(3)
• there is an order revoking any restraint order where the subject of the restraint order is real property and the effect of forfeiture would be disproportionate to the circumstances under section 19.1(13)
• a judge/justice is satisfied that a detention is no longer required for a lawful purpose
• a judge/justice is satisfied that the period of detention has expired and proceedings have not been instituted or the items will not be required for court purposes
• an order of forfeiture is made

Question 11

the fundamental purpose of a sentence under the CDSA is

Answer 11

to contribute to respect for the law and maintenance of a just, peaceful and safe society while encouraging rehabilitation and treatment in appropriate circumstances, of offenders, and acknowledging the harm done to victims and the community

Question 12

The sentencing judge may delay sentencing in drug cases to allow

Answer 12

the offender to participate in a drug treatment court program or other treatment program approved by the Court

Question 13

What are some of the aggravating factors to be considered at sentencing when mandatory minimums are not required?

Answer 13

• use of a weapon or violence
• involving anyone under 18 in an offence
• a prior CDSA conviction or CA conviction

Question 14

When did the Cannabis Act (federal) come into force?

Answer 14

October 17th, 2018

Question 15

When did the Cannabis Control Act (provincial) come into force?

Answer 15

2017

Question 16

unless otherwise authorized by the CA, Section 8 prohibits possession

Answer 16

• by an adult, in public, of more than 30 g of dried cannabis or the equivalent as set out in Schedule 3
• by an adult of any amount of illicit cannabis
• by an individual of more than four cannabis plants that are not budding or flowering, and
• of cannabis, by an organization

Question 17

Under the CDSA, an adult is prohibited from distributing

Answer 17

• more than 30g of dried cannabis or the equivalent under Schedule 3
• cannabis to anyone under 18yrs of age
• cannabis to an organization, or
• illicit cannabis

Question 18

in sentencing, Section 15 of the CA requires the court to consider

Answer 18

• whether weapons were used
• whether there was a threat or the use of violence
• whether cannabis was sold, distributed, or possessed for the purpose of selling or distributing, in or near school, school grounds, or other place frequented by young persons; and
• any other previous convictions for similar offences under the CA or CDSA

Question 19

unlike the CDSA, under the CCA, a court can infer

Answer 19

that a substance is cannabis from the fact that a witness describes the substance as cannabis or by any name commonly applied to cannabis