Strategic Criminal Defence represents anyone charged under the Controlled Drugs and Substances Act, S.C. 1996, c. 19 (CDSA), Canada’s primary drug legislation. Drug offences include:

  • Simple possession (s. 4 CDSA)
  • Possession for the purpose of trafficking (s. 5 CDSA)
  • Trafficking (s. 5 CDSA)
  • Production of a substance (s. 7 CDSA)
  • Importation and exportation (s. 6 CDSA)

We challenge the Crown’s evidence, scrutinize how police obtained that evidence, protect your Charter rights, and pursue the best possible outcome, whether through negotiation, diversion, or trial.

Our team has defended over 10,000 cases, won the Consumer Choice Award in 2025/2026, earned over 700 5-star Google reviews, and we’re led by an 8-time recipient of Three Best Rated® distinction.

Charged with a drug offence in Calgary? Do this immediately

  • Say nothing to police: Beyond your name, you are not required to answer questions. Exercise your right to silence immediately and clearly.
  • Ask for a lawyer right now: Invoke your section 10(b) Charter right explicitly: “I want to speak to a lawyer.” Police must stop questioning you.
  • Do not consent to any search: If police ask permission to search your phone, vehicle, or home, clearly decline. Consenting waives your Section 8 rights.
  • Do not discuss your case with anyone other than your lawyer: Not friends, family, or cellmates. Anything you say can be used against you.

Contact us for a free, no-obligation consultation.

What are the main drug offences, and how can a conviction impact you?

Drug offences in Canada include possession, trafficking, production, importation, and exportation of controlled substances under the CDSA.

The severity depends on:

  • The type of drug involved.
  • The amount.
  • The specific activity.

Most drug offences are hybrid. This means the Crown can elect to proceed:

  • By indictment for the most serious cases.
  • By summary conviction for less serious situations.

Penalties range from discharge or fines for simple possession to life imprisonment for trafficking certain substances.

If you consult with a drug offence lawyer from Strategic Criminal Defence as soon as possible after you’re aware of an investigation against you, the chances of avoiding the worst consequences improve.

Once you’re arrested and charged, the decisions you make in the first 24–48 hours can determine whether you can avoid a criminal record.

Here’s a basic guideline to the main drug offences and their maximum criminal penalties:

OFFENCE SUMMARY CONVICTION INDICTABLE OFFENCE KEY NOTES
Simple Possession 1 year imprisonment and/or $2,000 fine 7 years imprisonment (Schedule I) Cannabis now governed by the Cannabis Act. Mandatory minimums eliminated by Bill C-5 (2022). Diversion and discharge available for first offenders.
Possession for the Purpose of Trafficking 18 months imprisonment Life imprisonment (Schedule I) Crown infers purpose from quantity, packaging, scales, cash, and communications. No mandatory minimums. Aggravating factors (proximity to schools, organised crime) significantly affect sentencing.
Trafficking 18 months imprisonment Life imprisonment (Schedule I) / 10 years (Schedule III — e.g., LSD, MDMA) Includes selling, giving, transferring, or delivering a controlled substance. Conditional sentences possible post-Bill C-5. Aggravating factors dramatically increase sentence.
Production of a Substance 18 months imprisonment Life imprisonment (Schedule I or II) / 10 years (Schedule III or IV) Covers manufacturing, synthesizing, and cultivation. Aggravating factors include production near schools, use of third-party property, and creation of a health or safety hazard.
Importation and Exportation 18 months imprisonment Life imprisonment (Schedule I or II) / 10 years (Schedule III or IV) The most severely prosecuted CDSA offence. Organised crime connections and fentanyl-related importation attract particularly heavy sentences in Calgary courts in 2025–2026.

Note: Bill C-5 (2022) repealed the remaining mandatory minimum sentences for drug offences under the CDSA. Prior to that, R. v. Sharma, 2022 SCC 39, had struck down specific mandatory minimums as unconstitutional under s. 15 of the Charter.

Judges in Alberta now have broader discretion at sentencing. This makes early legal representation and mitigation strategy more important than ever, with discharge or conditional sentence orders possible in some circumstances.

Collateral and long-term consequences of a drug conviction

The long-term consequences of a drug conviction are just as important to prevent as the criminal sentence:

  • Criminal record: A conviction is permanent unless a discharge is granted. Record suspension is available after 3 years from the completion of the sentence (summary) or 5 years (indictable).
  • Employment: Damaging across most industries, particularly healthcare, finance, education, and government.
  • Professional licensing: Regulatory bodies may suspend or revoke licences. Self-reporting obligations vary by profession and regulatory body but may be triggered upon charge, not just conviction (check with your lawyer about your obligations).
  • Travel: Even simple possession can cause permanent US inadmissibility. A waiver (I-192) is required and is not guaranteed.
  • Immigration status: Indictable convictions can trigger deportation or loss of permanent residency status under the IRPA, s. 36.
  • Firearms: A mandatory 10-year prohibition applies under Section 109 of the Criminal Code, or lifetime prohibition for repeat offenders.
  • Family law: A conviction can be used as evidence of parental unfitness in Alberta family court, potentially affecting custody and access.
  • Housing and insurance: Public housing eligibility may be lost, and some insurers may deny coverage or raise premiums.

How will we help with your release and begin your defence?

If you’re being investigated for a drug offence by the Calgary Police Service or ALERT (Alberta Law Enforcement Response Teams), we can provide pre-charge legal advice, where we will help you:

  • Understand your legal rights, including your right to silence and right to counsel.
  • Interact with police without implicating yourself.
  • Manage communications with investigators.

We may even be able to prevent criminal drug charges from being laid or negotiate a resolution that avoids the most serious charges.

Will you be released on bail for drug charges?

If you’re charged with a minor drug offence like simple possession, you may be released from the Spyhill Services Centre (12500 85 Street NW, Calgary, AB T3R 1A2) with an Appearance Notice or Undertaking.

If not, you will be held until your bail hearing, which must be within 24 hours of your arrest under Section 503 of the Criminal Code. After you’re charged, we will:

  1. Speak with you via video link or meet with you at Spyhill or the Calgary Remand Centre, to understand your case and explain the next steps.
  2. Gather the facts and identify any arguments to counter the Crown’s reasons for opposing your release.
  3. Represent you at the bail hearing, usually held by video conference with a justice at the Calgary Courts Centre (601 5 St SW).
  4. Try to persuade the justice that you should be released on the least restrictive bail conditions possible.

What are typical bail conditions for drug charges?

Upon release on bail, you will need to:

  • Keep the peace and be of good behaviour.
  • Attend court as required and remain in the jurisdiction.
  • Reside at a specific, court-approved address.
  • Check in regularly with a bail supervisor or Calgary Police Service.
  • Notify the court of any change in phone number or employment.

The following may also be required, depending on the type of drug offence you’re charged with:

OFFENCE TYPE ADDITIONAL BAIL CONDITIONS
Simple Possession Abstain from non-prescribed controlled substances; submit to random drug testing; attend addictions counselling if directed.
Possession for the Purpose of Trafficking No association with co-accused or known criminal associates; surrender passport; residence restrictions.
Trafficking No contact with co-accused; geographic restrictions (no-go zones around alleged trafficking locations); surrender passport; no possession of large amounts of cash.
Production Prohibition from attending the production site or any similar property; no possession of production equipment or precursor chemicals; surrender passport.
Importation and Exportation Surrender of passport; strict no-travel conditions; enhanced surety requirements; no contact with co-accused.

More serious cases, particularly large-scale trafficking, organised crime connections, or offences involving fentanyl, may attract even stricter conditions, including:

  • Complete geographic restrictions.
  • House arrest or curfew.
  • No-contact orders with alleged co-conspirators.
  • Enhanced surety requirements.

Upon release, you will be subject to bail compliance checks. Follow your lawyer’s advice to the letter, as failing to follow any condition not only results in revocation of your bail, but also risks an additional charge under Section 145 of the Criminal Code.

How will we defend your drug charge in court?

Your first appearance in court for a drug charge is critical. We will:

  • Confirm counsel and set dates for the next stages of the court process.
  • Obtain the Crown’s disclosure package.

Depending on the alleged drug offence, the disclosure package will typically contain: 

  • Witness and informant statements.
  • Statements made to the police.
  • Surveillance footage, wiretap transcripts, and digital evidence.
  • Search warrant applications and returns.
  • Certificate of Analyst confirming the substance and quantity seized.
  • Chain of custody records for all seized evidence.

Can we resolve your case without a trial?

In drug cases, disclosure review is often where the strongest defences are found. Even if a conviction seems likely, our lawyers can sometimes work out lower charges or other options.

We will start by scrutinising the disclosure package for:

  • Charter violations during the investigation.
  • Gaps in the evidence.
  • Procedural errors.
  • Chain of custody problems.
  • Any basis to challenge the admissibility of the substances seized.

We may be able to resolve the case without the need for a trial or even get the charges dropped during resolution negotiations with the Crown prosecutor. The chances of this increase if you have no prior convictions and the offence is relatively minor.

The priority will be to prevent a criminal record, which may be possible with the following resolutions:

  • Alternative Measures Program (AMP): Complete community service or counselling instead of prosecution. Charge withdrawn on completion. No criminal record.
  • Drug Treatment Court: Structured addiction treatment under judicial supervision. Charges can be stayed or sentences reduced on successful completion.
  • Conditional Discharge: Guilt found but no conviction registered, provided all probation conditions are met.
  • Peace Bond (s. 810 Criminal Code): Agree to keep the peace for a set period in exchange for the charge being withdrawn.
  • Crown Resolution / Stay of Proceedings: Charge withdrawn by the Crown or stayed by the judge, due to insufficient evidence, a Charter breach, or negotiated resolution.

How will we defend you in court?

To secure a conviction at trial, the Crown needs to prove beyond a reasonable doubt that:

  • You knew about the presence of the controlled substance.
  • You had control over the controlled substance (physical or constructive possession).
  • The substance seized is a controlled substance under the CDSA (proven by Certificate of Analyst).

Depending on whether your case involves possession, trafficking, production, or importation, other elements must also be proven.

We will usually base your defence on one of the following arguments:

DEFENCE HOW IT WORKS
Charter Breach (s. 8) Evidence obtained through an illegal search or seizure can be excluded under s. 24(2), often gutting the Crown's case entirely.
Lack of Knowledge or Control You did not know the drugs were present or did not have control over them.
Entrapment Police induced you to commit an offence you would not otherwise have committed.
Chain of Custody Challenges the integrity of how the seized substance was handled, stored, or tested between arrest and trial.
Certificate of Analyst Challenge Disputes the Crown's proof that the substance seized was in fact a controlled substance.
Medical Authorisation You had lawful authority to possess the substance.
Lack of Intent (Mens Rea) The Crown cannot prove you intended to traffic, produce, or import, only that you possessed it.
Identity The Crown cannot prove that you are the person who committed the offence (particularly relevant in surveillance, wiretap, or multi-accused cases).

Many drug offence cases in 2026 centre on procedural and technical errors rather than denying the facts. 

The ongoing judicial fallout from R. v. Stairs, 2022 SCC 11, which clarified the scope of search incident to arrest, may help us contest admissibility of evidence to your advantage in some circumstances.

We will build your defence largely from:

  • Electronic records.
  • Witness statements.
  • Video evidence.
  • Testimony from experts, such as forensic analysts, if necessary.

Successful drug offence cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 23222039

Our client was arrested for several charges, including: possession of a Schedule I Substance for the purpose of trafficking, unlawful possession in a dwelling, possession of proceeds of crime, uttering death threats, and failing to comply with a release order. Our client was initially arrested while in the vicinity of a location where substantial quantities of drugs were located. The police relied on a ‘subject description’ to identify our client and effectuate the arrest.

Because of the severity of the charges, the Federal and Provincial Crowns commenced a joint prosecution and were seeking a significant jail term. Since our client was a Permanent Resident, a conviction on these charges would have led to a finding of inadmissibility to Canada (based on serious criminality) and deportation.

Upon being retained and reviewing disclosure, we identified significant issues with the manner of arrest. Further, we identified some major holes in the prosecution’s case regarding the degree of control that the accused allegedly had over the seized contraband. In the end, the majority of our client’s charges were dismissed, including all of the charges that could have led to deportation, and the client was placed on probation.

Successful result: Drug Trafficking Charges Withdrawn; No Jail; No Deportation

Case Number: 55582518

Our client was charged following an investigation that led to a search warrant on his property. During the search, officers found several items that led them to suspect our client of producing and trafficking controlled substances. The police report indicated that our client was never observed conducting transactions consistent with the handling or trafficking of controlled substances but was brought to the attention of investigators observing another person of interest.

Upon being retained, we requested disclosure and pointed out several weaknesses in the case against our client. We entered resolution discussions with the Crown Prosecutor and were able to negotiate the withdrawal of four charges in exchange for a guilty plea to one charge. However, before we entered a guilty plea, the charges were stayed and as a result, our client avoided a criminal record.

Successful Result: Charges Stayed; No Criminal Record

Case Number: 67580191

Our client was charged after the police conducted a traffic stop of his vehicle and searched him as part of an undercover operation. The police found currency with serial numbers matching the ones they had used in a prior undercover drug deal.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified breaches of our client’s right against unreasonable search and seizure. We pointed out these breaches to the Crown Prosecutor and ultimately convinced them to withdraw the charges against our client. As a result, our client was able to avoid receiving a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 2250086

Our client was arrested and charged with Possession after he was stopped by the police for driving at an excessive speed. After being pulled over, the police smelled the scent of fresh marijuana coming from his vehicle and asked him to exit his truck. Upon searching his vehicle, they found several jars of marijuana and a used pipe. The police seized all of the drugs and arrested our client.

Upon being retained, we immediately obtained and reviewed disclosure. We identified several weaknesses in the case against our client and used them to secure a favourable resolution with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program, the charges against him were withdrawn.

Successful Result: Alternative Measures, No Criminal Record

Case Number: 551980

Our client was charged with three counts of Possession after he was stopped and searched by the police at a roadside check stop. Upon approaching his vehicle, the police reported smelling fresh marijuana. They asked our client to exit his vehicle, which they then searched. During their search, they found over 60 grams of marijuana and approximately $200.00 worth of pills.

After we were retained, we reviewed our client’s disclosure and assisted our client with developing a plan for counseling and treatment to address his problem with drugs. We then entered into negotiations with the Crown Prosecutor and were able to successfully advocate for our client’s placement in the Alternative Measures Program. Upon his successful completion of the program, all charges against him were withdrawn. 

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 35380179

Our client was charged with three counts of possession of a controlled substance and one count of possession for the purpose of trafficking after the police stopped his vehicle to perform a winter tire check. The police smelled a strong odour of dried cannabis. Our client told the police that he had a medicinal licence and provided an expired card. The police arrested our client and searched him, finding multiple types of drugs.

Upon being retained, we ordered and reviewed disclosure. We began negotiating with the Crown Prosecutor. We pointed out weaknesses in the case against our client. We convinced the Prosecutor to agree to one guilty plea for simple possession and withdrawal of the remaining charges. We made in-court submissions arguing that our client should receive a conditional discharge and we were successful. As a result, our client was able to avoid a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

Case Number: 5362240

Our client was charged with possession for the purpose of trafficking on three separate occasions after controlled substances were found in his possession.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor and convinced them to accept a guilty plea to the lesser offence of possession on two of the counts. On the third count, we identified a significant breach of our client’s Charter rights and proceeded to trial. The Crown Prosecutor indicated that they would be seeking three years of jail upon conviction. We were successful in our application to have some of the evidence against our client excluded. As a result, our client was only convicted of the lesser offence of possession and received a fine instead of jail.

Successful Result: Fine, No Jail

Case Number: 44470337

Our client was charged with 15 counts of selling drugs without a prescription, 15 counts of trafficking, fraud over $5000, theft over $5000, and breach of trust after she created false patient prescriptions while employed at a pharmacy. Our client admitted to the police that she had created the false prescriptions and that she was using the drugs for her own personal use. The Crown Prosecutor was seeking jail time.

Upon being retained we ordered and reviewed disclosure. We had meetings with our client and gathered more information about her circumstances and the circumstances surrounding the offences. We began negotiating with the Crown Prosecutor and provided more information about our client’s efforts to address her addiction issues. We leveraged this information during our negotiations and were able to convince the Crown Prosecutor and the Court to allow our client to serve her sentence by way of a Conditional Sentence Order. As a result, our client was able to serve her sentence in the community and avoid jail.

Successful Result: Conditional Sentence Order, No Jail

Testimonials

Dedicated drug offence lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide drug charge defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

Yes, if the Calgary Police Service believes you’re selling drugs, they might go undercover to pretend to be buyers. They document these controlled buys very carefully and keep the drugs they bought as proof. Officers might also watch places where they think drugs are being sold or made. Before executing search warrants, police often perform surveillance to establish patterns and identify all individuals involved.

You can get a record suspension (pardon) under the Criminal Records Act by applying to the Parole Board of Canada after 3 years (summary) or 5 years (indictable) following completion of your sentence. Note that sentence completion includes full payment of fines, probation, and any other conditions. Also note that a record suspension does not resolve US inadmissibility.

If you have drugs for your own use, that’s simple possession. Possession for the purpose of trafficking means having drugs with the plan to sell, give, or share them with other people (based on the amount of drugs, cash, or drug paraphernalia in your possession).

When it comes to punishments, there is a big difference in potential sentences, especially for Schedule I drugs like cocaine or heroin.

If the police think you might have drugs, they can’t generally search you, your car, or your home in Canada without “reasonable grounds” to believe that evidence of an offence will be found. Police usually need one of three things to search you legally: 

  1. A valid search warrant.
  2. Your informed and voluntary consent to the search.
  3. A certain set of circumstances that allows them to search you without a warrant (like when someone is being arrested or there is an emergency).

You might have a strong case if drugs were found in your car and you really didn’t know they were there. A friend, family member, or passenger may have left them behind, or they may have been in the car when you borrowed it or bought it.

However, saying “those aren’t my drugs” isn’t enough. You will need to show proof or a good reason why you didn’t know there were drugs in your car. If more than one person could get into your car, this makes your case stronger.

Drug Treatment Court combines judicial supervision with addiction treatment. It is an alternative to prosecution in some cases. Charges can be stayed or sentences reduced on successful completion. Calgary operates a Drug Treatment Court, as does Edmonton and Lethbridge.

If you’re charged, a Calgary drug charge lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the drug charge.
  • Gather key evidence, such as search warrant applications, police reports, surveillance footage, Certificate of Analyst records, chain of custody documentation, and witness statements to support the defence.
  • Guide you through the complexities of the judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Prepare for trial, if necessary, building a strong case to present to the judge/jury and questioning witnesses.

Strategic Criminal Defence is a Calgary-based law firm. Our lawyers know the local judges and prosecutors and how to approach them, which can work in your favour during the criminal defence process.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 6, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410