R. v. D.O.

(Canmore, P.C.). Client charged with possession of marijuana.  To prove "possession" of a controlled substance, the Crown must demonstrate, beyond a reasonable doubt, that the accused knew what he/she was in possession of, consented have it in his/her possession and had control over it. Additionally, since the allegation was the accused was unlawfully in possession of a schedule II "controlled substance", contrary to the Controlled Drugs and Substances Act, the Crown also needed evidence that the substance was actually a controlled substance. The mere appearance of a substance consistent with a controlled substance is not enough, the Crown needs a Certificate of Analysis to show that the substance was scientifically tested and meets the definition of a controlled substance. In this case, the Crown did not have a certificate of analysis and thus called "no evidence". The  charges dismissed by trial judge.  If you have been charged with a drug offence or any criminal offence in Canmore and are looking to hire a Canmore criminal lawyer, call 403.452.8018.  David Chow is a Cochrane defence lawyer and Canmore drug lawyer who appears in Courts throughout the province.