In Canada, drug possession charges are serious, and they don’t always depend on whether the drugs physically belong to you. It may seem unfair, but you can be charged with possession even if the drugs weren’t yours. This is a common scenario in Alberta, especially during traffic stops, police raids, or shared living situations.
Many people are shocked to find themselves under arrest when illegal substances are found in a borrowed jacket, a friend’s glove box, or inside a shared apartment. If you’ve been charged in one of these situations, you’re not alone.
The good news is that there are strong legal defences, and the best place to start is by contacting a trusted drug offence lawyer in Edmonton.
Let’s take a deeper look at how Canadian law handles these cases and what you can do to fight the charges.
How Drug Possession Is Defined Under Canadian Law
Drug possession laws in Alberta fall under the Controlled Drugs and Substances Act (CDSA) and are interpreted through Section 4(3) of the Criminal Code of Canada. These laws make it clear that someone can be found in possession of drugs in more ways than just physically holding them.
Under Canadian law, possession can be:
- Actual (physical) possession: you had the substance on your person
- Constructive possession: you knew about the drugs and had control over them
- Joint possession: you shared control or benefit of the substance with someone else
This means you can be charged even if you didn’t own or handle the drugs. All it takes is proof that you knew the drugs were there and could control them. That’s why many innocent people are charged simply because they were in the wrong place at the wrong time.
Common Situations That Lead To Charges
Possession charges can arise in everyday situations. You don’t have to be caught in the middle of a drug deal to be arrested. Here are some of the most common examples that lead to confusion and wrongful charges:
Many people are charged when:
- Drugs are found in a car they’re riding in, even if someone else owns the vehicle
- Illegal substances are discovered in a home they’re renting or staying in temporarily
- A borrowed item of clothing or bag contains drugs they had no idea were there
In these cases, the police often arrest everyone present, leaving it up to the courts to sort out who had “possession” under the law.
What The Crown Must Prove In A Possession Case
In Alberta, the Crown prosecutor must prove certain facts beyond a reasonable doubt to convict someone of drug possession. It’s not enough to simply show that drugs were nearby. The prosecution must show that you:
- Knew the drugs were present
- Had some control or ability to control them
- Knew the substance was an illegal drug
This legal framework was confirmed in the Supreme Court decision R v Beaver [1957] SCR 531, where the Court ruled that knowledge is a key element in any possession charge. If you truly didn’t know about the drugs and had no way to control them, you may have a strong defence.
However, prosecutors can rely on circumstantial evidence. For example, being in the same room as the drugs or driving a vehicle where they were found may lead the Crown to argue that you were “likely aware.”
That’s why it’s critical to have an experienced criminal defence lawyer in Edmonton review your case thoroughly and challenge those assumptions.
Legal Defences If The Drugs Weren’t Yours
Not all drug possession charges lead to convictions. If you act quickly and secure the right legal representation, there are several defences that may apply.
One of the most powerful strategies is to challenge the element of knowledge. If you didn’t know the drugs were there, and had no reason to know, your lawyer can present this argument with supporting evidence. For instance, if a friend left something behind in your car, or if you were unaware of what was inside a borrowed bag, that may create reasonable doubt.
Another possible drug possession defence is to challenge the idea of control. If you had no access or ability to dispose of the drugs, then you may not meet the definition of possession under the Criminal Code. This is common in cases where drugs are hidden in someone else’s property, like a locked compartment or an unfamiliar apartment room.
Your lawyer may also examine whether police acted lawfully during the search. If the evidence was obtained through a Charter breach, such as an unlawful search or detention, it may be excluded from court under Section 24(2) of the Charter of Rights and Freedoms. A landmark case, R v Grant, 2009 SCC 32, highlights how crucial Charter rights are in criminal defence.
These legal strategies require expert navigation, which is why working with a seasoned drug offence lawyer in Edmonton is essential.
How Evidence Plays A Role In Your Defence
The success of your defence often comes down to evidence, or the lack of it. An experienced lawyer will collect and analyze anything that supports your claim that the drugs were not yours, or that you didn’t know about them.
Examples of helpful evidence may include:
- Text messages or social media conversations that show someone else owned the drugs
- Travel receipts or logs showing you were not at the location when the drugs were placed
- Witness statements from friends, roommates, or co-workers
- Video surveillance showing how the drugs ended up in the location
Your defence lawyer may also hire experts to analyze fingerprint or DNA evidence that could confirm the drugs were handled by someone else.
Gathering this type of evidence quickly is vital, so it’s important to act fast after being charged.
The Risks Of Handling The Case Alone
Drug charges in Alberta can lead to serious penalties, including a criminal record, jail time, travel restrictions, and problems with employment. Even if the drugs weren’t yours, failing to defend yourself properly can have life-altering consequences.
Trying to explain your side without legal guidance is risky. Police and prosecutors are trained to use your statements against you. What feels like a harmless explanation, “They weren’t mine”, could be misinterpreted as an admission of knowledge.
A professional drug offence lawyer in Edmonton can speak on your behalf, protect your rights, and challenge the Crown’s evidence at every step.
Act Quickly And Protect Your Record
Being charged with drug possession is frightening, especially when the drugs truly weren’t yours. But remember: under Canadian law, ownership doesn’t matter as much as knowledge and control. The good news is that these are elements the Crown must prove beyond a reasonable doubt, and with the right legal help, many of these cases can be beaten.
If you’ve been arrested for drug possession in Edmonton, don’t wait. Contact a skilled drug offence lawyer as soon as possible to start building your defence. Time is critical, and early intervention can lead to faster resolutions and better outcomes.
About Slaferek Law
Slaferek Law is a criminal defence law firm based in Edmonton, Alberta. We focus exclusively on defending clients facing criminal charges, including drug possession, trafficking, and other controlled substance offences. Our experience in Alberta courts and deep understanding of Canadian criminal law allow us to deliver results when it matters most.
If you’ve been charged and believe the drugs weren’t yours, don’t leave your future to chance. Contact us today to schedule a confidential consultation.
