Read memo on the elements of trafficking in a

controlled substances under s.5(1) of the CDSA

 

Points from the case law​

As a matter of logic, experience and common sense, whether or not an accused's storage method put his children in danger does not shed any light on the purpose for which he possessed the drugs. A trier of fact may not avail himself of this evidence to come to a circumstantial inference that the accused possessed the pills for the purpose of trafficking. This would give rise to serious concerns about both moral and reasoning prejudice: R v Pilgrim, 2017 ONCA 309 at para 61