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Scenario #5: The Controlled Drugs and Substances Act has a provision called possession with intent to traffic. This means that if a person is caught

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Scenario #5: The Controlled Drugs and Substances Act has a provision called "possession with intent to traffic." This means that if a person is caught with a large quantity of drugs in his or her possession, the individual will be charged with this offence rather than simple possession. Trafficking, including possession with intent to traffic, is a much more serious offence than simple possession of an illegal drug. For the crime of possession with intent to traffic, the accused must prove that he or she did not intend to traffic the drug, but rather had the drugs for his or her own use. Questions: 1. People have argued that the crime of possession with intent to traffic violates an accused person's right to be presumed innocent until proven guilty. How would this offence interfere with the presumption of innocence Charter right? 2. Why do you think the law requires the accused to prove that he or she had the drug for his or her own use, rather than requiring the Crown to prove that the accused intended to traffic the drugs? 3. The Supreme Court has upheld the constitutionality of this criminal provision. Do you agree with the court, or do you think the law is unfair to the accused person

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