NCJ Number
102487
Date Published
1986
Length
849 pages
Annotation
Prepared for trial lawyers and other criminal justice personnel, this second edition of a 1979 text defines all drug offenses under Canadian law, including possession, trafficking, importing, and conspiracy; addresses evidentiary issues; outlines various defenses; and surveys sentencing options.
Abstract
Introductory chapters address the history of drug use and abuse, Canadian drug legislation, and constitutional issues. The section on offenses begins with possession of drugs, defining the offense, reviewing leading cases, and illustrating ingredients which must be established by the Crown. The same format is followed in discussions of trafficking, possession for the purpose of trafficking, importing, conspiracy charges, cultivation, selling a schedule 'F' drug, and obtaining drugs from more than one physician. Evidentiary issues considered by the text include the certificate of analysis for the drug, cross-examination of a Crown analyst, continuity and identification of the drug exhibit, releasing the exhibit for independent scientific analysis, and revealing a confidential source of information. Other evidentiary areas examined are powers of search and seizure and wiretape evidence. The section on defenses covers the indictment and de minimis, entrapment, and the addition defenses. Following a review of the principles of sentencing applicable to drug offenders, the text provides a statistical analysis of an appropriate range of sentencing. Table of cases, references, and index.