Drug offences range in seriousness from the simple possession of a small amount of a prohibited substance to the trafficking or importing of large amounts of substances such as cocaine or heroin. Individuals charged with drug offences come from a range of backgrounds and personal circumstances.   They include the recreational user who has the misfortune to be caught with a small amount of drugs, individuals suffering from addiction who find themselves repeatedly before the court and those tempted by a quick profit who agree to transport larger quantities of drugs in their luggage upon return from a foreign country.

Even a small amount of narcotic meant for personal use can result in a jail sentence depending on the substance and the circumstances. For other offences, sentence upon a plea or conviction at trial can be a significant period of time in custody, even for a first-time offender. Convictions for drug-related offences can also affect your employability, your ability to travel outside of Canada and, if you are not a Canadian citizen, even your ability to remain in the country.

Drug charges are often the result of a search conducted by police, either with or without a warrant. Any search conducted by police must be authorized by law and conducted in a manner consistent with the law. This is a highly technical area of the law and the successful challenge of a search may result in the charges being dismissed. As a result, the assistance of an experienced Criminal Defence Lawyer is crucial for anyone facing a drug offence.

Simple Possession

The least serious of the drug offences is the charge of possession of a prohibited substance contrary to section 4(1) of the Controlled Drugs and Substances Act. “Simple possession” involves possession of a prohibited drug in an amount and circumstances that are not suggestive of trafficking. In order to prove possession, the prosecutor must establish 2 things: first, that the individual is aware of what the substance is and, second, some amount of control over the substance. The most obvious example is the situation where police find an individual in actual possession of a substance, for instance in a pocket. Possession charges can, and do, result from less obvious scenarios of control. For example, drugs found in the common area of a house where the individual rents a room or in a car in which the individual was an occupant.

Trafficking/Possession for the Purpose of Trafficking

More serious than simple possession, a conviction under sections 5(1) and (2) of the Controlled Drugs and Substances Act often attracts a significant custodial sentence. A trafficking conviction requires evidence of the actual transfer of the substance to another individual (in return for money or not) while “Possession for the Purpose” charges require the Crown to lead evidence establishing that the individual possessed the substance not for personal use, but in order to traffic it to others.   This evidence can include, for example, the amount of the drug seized, the presence of large amounts of currency, packaging materials and debt lists. Like simple possession, the Crown must prove knowledge or control of the substance and then, additionally, either explicit trafficking or an intent to traffic. In the right circumstances, an experienced Criminal Defence Lawyer may be able to negotiate a plea to the lesser offence of simple possession. Alternatively, it may be possible to defend the trafficking charge at trial even where the possession charge may be easily proven by the Crown.

Importing or Exporting/ Possession for the purpose of Importing or Exporting

While transferring any amount of a prohibited substance into or out of Canada can attract a charge under section 6 (1) or (2), the most common version of this offence involves individuals attempting to bring significant amounts of a given substance into Canada. Like trafficking, individuals can be charged with actually bringing drugs into or out of the country or for possessing a substance in Canada for the purpose of exporting it out of the country. A frequent scenario in this area involves somebody being used as a “mule”, by either knowingly or unwittingly serving as a courier to sophisticated drug dealers to bring drugs into Canada. In this way, those in control of sophisticated drug operations limit their exposure to criminal charges. Canada takes this offence very seriously, even for individuals without any prior involvement with the criminal justice system. Whether you have been tempted by the offer of quick cash or a free vacation, or used without your knowledge to bring drugs back into Canada, a conviction for this offence often involves sentences of multiple years in jail.

Any charge relating to illegal drugs brings the threat of serious consequences upon conviction. The assistance of an experienced Criminal Defence Lawyer gives you the best chance of avoiding custody and navigating the criminal process with an eye to minimizing the impact on your future. To book your free consultation with a lawyer at SWH Law please click here.