Criminal Defence Core
Drug Trafficking Lawyer in Canada
A drug trafficking lawyer defends charges under Controlled Drugs and Substances Act, s. 5 (trafficking and possession for the purpose of trafficking). This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Controlled Drugs and Substances Act, s. 5 (trafficking and possession for the purpose of trafficking)·indictable offence
What Drug Trafficking covers in Canadian criminal law
Section 5(1) of the Controlled Drugs and Substances Act prohibits trafficking, and section 5(2) prohibits possession for the purpose of trafficking. Trafficking is defined broadly in section 2 to include selling, administering, giving, transferring, sending, delivering or offering to do any of those things. No money needs to change hands.
Most trafficking prosecutions are in fact possession for the purpose cases, where the Crown asks the court to infer an intention to traffic from the quantity, packaging, scales, score sheets, multiple phones and the absence of paraphernalia consistent with personal use. Crown expert opinion evidence on drug trade practices is common, and challenging its admissibility and weight is central to the defence.
Larger files often involve wiretap authorisations under Part VI of the Criminal Code, tracking warrants and confidential informants. Those investigative techniques generate detailed applications that can be challenged for material non-disclosure or insufficient grounds, and informant privilege litigation is frequently required.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The substance was a controlled substance listed in a Schedule to the Act
- The accused had possession of the substance, or engaged in an act of trafficking
- For section 5(2), the accused intended to traffic the substance
- Knowledge of the nature of the substance
- Continuity of the exhibits and valid analysis by a designated analyst
Penalties and consequences on conviction
- A maximum of life imprisonment for trafficking a Schedule I substance under section 5(3)(a)
- Penitentiary sentences in commercial-scale cases, with aggravating factors for weapons and for trafficking near a school
- Forfeiture of offence-related property and proceeds of crime, including cash, vehicles and real property
- A criminal record with permanent United States border inadmissibility
- Deportation exposure for permanent residents on the basis of serious criminality
Common defences
- The quantity and circumstances are consistent with personal use, reducing the charge to simple possession
- Absence of knowledge or control over the substance seized
- Section 8 Charter challenge to a search warrant, wiretap authorisation or warrantless search
- Challenges to the sufficiency of the information to obtain, including material non-disclosure by the affiant
- Section 24(2) exclusion of the seized drugs and derivative evidence
- Section 11(b) unreasonable delay in complex multi-accused project prosecutions
Drug trafficking lawyer: frequently asked questions
- What is the difference between trafficking and possession for the purpose?
- Trafficking under section 5(1) requires proof of an actual transfer or an offer to transfer. Possession for the purpose under section 5(2) requires only possession plus an intention to traffic in the future, which the Crown proves circumstantially through quantity, packaging, cash, phones and score sheets.
- Does giving drugs to a friend for free count as trafficking?
- Yes. The statutory definition of trafficking includes giving, transferring and delivering, so no sale or payment is required. Sharing a controlled substance with another person meets the definition, although the absence of any commercial element is significant on sentence.
- Can police seize my car and cash?
- Yes. Vehicles, cash and other property alleged to be offence-related property or proceeds of crime can be restrained and later forfeited. Forfeiture is litigated separately from guilt, and third parties with an interest in the property can apply for relief.
Find a drug trafficking lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Drug Trafficking among their practice areas. Featured listings appear first.
Drug Trafficking lawyers by province