If you are facing drug trafficking charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Drug trafficking involves selling, giving, transporting, sending, or delivering illegal drugs to others. While this is a very broad range of alleged crimes, they all have one thing in common: they can all have a huge impact on the rest of your life.
According to Section 5(1) of the Controlled Drugs and Substances Act, “No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.”
Drug trafficking is classified as a hybrid offence. This means the Crown can choose to proceed either by indictment (for more serious cases) or by summary conviction (for less serious cases).
Because of the seriousness of these types of charges, the punishment for convictions is always severe and includes significant jail time.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of drug trafficking beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto drug trafficking lawyer today by calling (647) 986-8077.
Key Takeaways
- Drug trafficking includes selling, giving, transporting, sending, or delivering illegal drugs to others under the Controlled Drugs and Substances Act
- It’s classified as a hybrid offence, allowing the Crown to proceed by indictment (serious cases) or summary conviction (less serious cases)
- Penalties are always severe and include significant jail time, with potential life sentences for trafficking cocaine, heroin, fentanyl, and other Schedule I/II drugs
- Mandatory minimum sentences of 1-2 years apply in cases involving organized crime, violence, weapons, schools, or repeat offences
- Common defences include lack of knowledge/consent, challenging whether substance is controlled, and constitutional Charter violations
- Bail conditions are typically strict, including drug/paraphernalia bans, curfews, location restrictions, and no-contact orders
- A conviction creates a permanent criminal record with severe long-term consequences for employment, travel, and immigration
How can a drug trafficking lawyer in Toronto help?
As your lawyer, we will be there to guide and support you in your time of need. We will start preparing your defence by examining police actions and the evidence against you.
Remember, no matter how convincing the evidence against you seems, a strong defence strategy provides hope that you can escape a conviction or, at least, the most serious consequences associated with it.
There are certain defence strategies that can be used to aid your cause. Some of these include:
- Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events
- Identifying mistakes in the actions of the police, such as Charter breaches
- Uncovering administrative/systemic errors, such as with “Jordan delay”, non-disclosure, lost or destroyed evidence, etc.
Drug Trafficking Charges in the Controlled Drugs and Substances Act
Trafficking in substance
5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Examples of Drug Trafficking Charges
Here are some examples of what could lead to drug trafficking charges in Toronto:
- A student is caught at a party selling small bags of cocaine to other students.
- A woman is caught selling drugs in a park. When they take her into custody, they find evidence such as 20 small bags of meth, a digital scale, and $1,200 in small bills.
- The police stopped a package sent to a man’s house with 500 MDMA (ecstasy) pills in it. They then do a “controlled delivery,” which means they let him take the package and then arrest him.
Consequences of a Drug Trafficking Charge
Typically, if you are found guilty of drug trafficking, you can expect much harsher penalties than with a drug possession charge.
The prosecution will seek jail time in all but the least serious cases (no Conditional Sentence Orders – aka “house arrest”).
For a conviction, your sentence will depend on:
- What type of substance you were found guilty of trafficking
- The quantity of drugs trafficked
- The number of drug deals you were involved in
- What other offences were committed at the time
- Prior related offences
If you are found guilty of trafficking any of the following you could get a life sentence:
- Cocaine
- Marijuana or cannabis resin (hashish) over 3 kgs (up to five years for an amount under 3 kgs)
- Heroin
- Morphine
- Opium
- OxyContin
- Codeine
- Fentanyl
- GHB
Although the above are the most common, there are many more drug types listed in Schedule I and II. It is important to review carefully what type of drug is involved in your case to determine the possible sentence you may be facing if convicted.
Additionally, a mandatory minimum sentence of one year may apply if the trafficking offence involved:
- Organized crime or a criminal organization as defined under section 467.1(1) of the Criminal Code
- Use or threat of violence
- Possession, use, or threat of use of a weapon
- A prior conviction for a similar offence in the previous 10 years
A mandatory sentence of two years may apply if your offence was committed:
- In or near a school, playground, or other public place frequented by children
- In a prison; or
- With the help of a child
- Even if you were found guilty of trafficking “lower grade” drugs (those listed in Schedule III or IV), you could receive a sentence of up to 10 years in jail.
Drug Trafficking Charge Defences
Here are some of the most common defences, depending on the facts of your case:
- No consent or no knowledge: If you can clearly demonstrate that you did not consent to, have knowledge of, or control the drug, the chances of a conviction for the prosecution are slim. However, in order to show this, you may need to prove that you were not in willful and conscious possession of the drug in question.
- No proof that it was a controlled substance: The Controlled Drug and Substances Act (CDSA) is very clear on the drugs that are considered controlled substances. If the prosecution is unable to show beyond a reasonable doubt that the drug you are accused of trafficking is a controlled substance, it will be almost impossible to secure a conviction against you.
- Constitutional challenges: During drug trafficking investigations, police officers can use many strategies to find evidence against you. It is possible that, in doing so, they violated your constitutional rights. In the case of serious charter rights violations, evidence may be excluded from your trial, making the prosecution’s task a lot more difficult to secure a conviction. With drug trafficking investigations, one of the most common rights violations is of your right to be free from unlawful search and seizure.
Drug Trafficking Charge Investigation
Toronto’s Drug Squad is involved in a wide range of investigations. There are many ways you may have come to the attention of the Police.
Officers may be following:
- A “tip-off” from an informant
- Suspicious activity observed during regular drug investigation duties, or
- Suspicious activity observed during a routine traffic stop
Police drug investigations usually include standard techniques like witness statements and photographic evidence but may also include:
- Use of undercover officers
- Use of confidential informants
- Months of video surveillance
- Months of telephone communication interceptions
- Judicially authorized searches of vehicles, homes, storage lockers, etc.
- Seizure of drugs, weapons, cell phones, scales, etc., and
- Seizure of property connected with criminal activity (including cars, cash, and even houses)
The more sophisticated the drug operation, the lengthier and more thorough the investigation will be. If there is enough to press charges, the police will arrest you. You will be taken to a Police District Office for questioning and processing.
The Crown prosecution will ultimately decide whether there is enough evidence to make a conviction in court likely. If so, the charges will proceed.
Bail Conditions for Drug trafficking Charges
If you are accused of drug trafficking, the court will likely set strict bail conditions while you wait for your trial.
- You will not be allowed to own or use any drugs or drug paraphernalia.
- You might have to stay home or be home by a certain time. Often you can only leave your house for certain reasons, like going to work, a doctor’s appointment, or a legal appointment. You might even have to wear an electronic ankle bracelet that tells the court where you are at all times.
- You likely won’t be able to go to places where drugs are sold or where you were said to have sold drugs.
- You can’t talk to anyone else who is being charged with the same crime as you or anyone who is a witness in your case.
- You will have to check in with a bail supervisor or police station on a regular basis.
If you break any of these rules, you could be arrested right away. You might lose your bail and have to stay in jail until your trial pr sentencing is over. If you break the terms of your bail, you could also be charged with more crimes. These charges come with their own punishments.
