The appellant was convicted of possession of a narcotic for the purpose of trafficking.
The indictment specified the narcotic as cannabis marihuana, but the certificates of analysis proved it was cannabis resin.
The appellant argued he should be acquitted due to this variance.
The Supreme Court of Canada held that the gravamen of the offence is possession of a narcotic for the purpose of trafficking, and both substances are listed as narcotics.
Finding no prejudice to the appellant, the Court exercised its jurisdiction to amend the indictment to specify cannabis resin and dismissed the appeal.
