Charged With Drug Trafficking in Canada - Now What?

Being charged with drug trafficking in Toronto or anywhere in the Greater Toronto Area is a serious predicament that can lead to devastating consequences – even up to life sentences for the most severe cases. In addition, drug trafficking charges often come with the creation of a criminal record and social stigma, leading to issues with finding employment and residence and making you ineligible to cross the border.

There are several defence strategies available in drug trafficking cases that are often employed by experienced drug lawyers to challenge the evidence against you. Below, we go into more detail about what exactly drug trafficking is defined as under Canadian law, which penalties are applied, and what are the available defence strategies to contest charges.

What Exactly is Drug Trafficking Under the Canadian Law?

The Controlled Drugs and Substances Act defines drug trafficking in Section 2 as either of the following in relation to drugs, referred to legally as controlled substances:

  • selling, administering, giving, transferring, supporting or delivering the substance,
  • selling authorization to obtain the substance,
  • offering to do anything from above.

At the same time, Section 5 makes it an offence for anyone to engage in the trafficking of controlled substances outlined in Schedules I-IV of the Act or any other substances disguised as controlled substances, aka fake drugs.

Schedules I-V of the Act encompass an extensive list of drugs. These include:

  • “hard drugs” such as heroin and cocaine, as well as fentanyl, methamphetamines, and other substances, listed under Schedule I,
  • synthetic cannabinoids, included in Schedule II,
  • LSD, mescaline, listed in Schedule III,
  • barbiturates and steroids, included in Schedule IV.

The broad definition of drug trafficking allows for charges to be brought even if there is no sale of controlled substances, since just making an offer to sell is in itself considered a crime. Moreover, the criminal charges for drug trafficking will not be affected if someone traffics any other substance – for example, a laundry detergent, which they falsely represent as drugs.

Finally, even if there is no offer or sale of drugs, someone can still be charged for the possession for the purpose of trafficking, which has the same legal consequences as a trafficking offence.

In determining whether or not someone possesses drugs for the purpose of trafficking, the prosecution will assess various factors, such as the amount of the substance and the presence of wrapping materials or scales for measuring.

However, unlike drug distribution cases, charges for possession for the purpose of trafficking are only possible if the material found is a controlled substance, and not something else disguised as a drug.

Potential Penalties for Trafficking Convictions

The penalties for drug trafficking depend on the type of controlled substance and whether or not the Crown chooses to proceed by indictment or summarily. In most cases, trafficking of cocaine, heroin, methamphetamines, and fentanyl leads to the most severe penalties.

If someone is charged with trafficking Schedule I drugs (“hard drugs”) and Schedule II drugs (synthetic cannabinoids), the charges will always proceed by indictment with a potential maximum penalty of life in prison.

In the case of trafficking substances listed in Schedules III or IV, the Crown may elect to proceed either by indictment or summarily. During the indictment process, the maximum sentence is generally 10 years in prison for Schedule III or IV drugs, and three years of imprisonment for Schedule IV substances in less severe cases. During the summary process, the maximum sentence for Schedule III or IV substances is 18 months, and one year for Schedule IV drugs in more minor circumstances.

How to Address Your Trafficking Charges

When someone is accused of drug trafficking or possession with the purpose of trafficking, it is essential to secure the assistance of an experienced drug lawyer as soon as possible following the arrest.

Since drug trafficking is considered a serious offence in Canada, the Crown will most often contest your release on bail. Moreover, in case of trafficking of Schedule I or Schedule II substances, it is the responsibility of the accused to convince the court why they should be released. The assistance of a drug lawyer will be instrumental in demonstrating why the accused should be granted bail and in negotiating bail conditions.

Defence based on Charter rights violations

During drug trafficking cases, one of the most common defences is whether or not the police and the prosecution have obtained evidence in a manner that does not violate someone’s constitutional rights and Charter rights. A drug lawyer may request the exclusion of evidence which was obtained through an illegal seizure where the police didn’t have lawful grounds to search someone or their personal belongings, vehicle, or property.

Defence based on reasonable doubt

In other types of defence, your lawyer may raise a reasonable doubt about all evidence which was legally obtained by the prosecution. For example, a drug lawyer may question the identification of the accused, contesting the presence of intent to traffic drugs or the nature of the substances involved.

  1. When a lawyer contests the identification of the accused, the Crown must prove beyond reasonable doubt that it is the accused who trafficked the drugs and not someone else.
  2. In other cases, a drug lawyer may raise doubt about the presence of intent to traffic, for example, when the accused was unaware of the presence of drugs or possessed them for personal use.
  3. Another available defence strategy relates to the nature of the drugs and whether or not they are listed as controlled substances under Schedules I-IV of the Act.

Consult with the Criminal Defence Experts

Drug trafficking cases can lead to severe penalties of up to life sentences, and require the assistance of experienced criminal lawyers. Those accused of drug trafficking will benefit from the early involvement of drug lawyers, starting from the bail stage all the way to the trial.

Your drug defence lawyers will ensure the disclosure of all the evidence the Crown has against you, identify any violations of the criminal process or Charter rights, and assist you in mounting a strong defence.

If you or your close ones have been arrested and charged with drug trafficking, don’t hesitate to contact our Vilkhov Law criminal defence experts as early as possible for a free initial consultation.

By |2023-10-12T18:25:04+00:00October 13th, 2023|Drug Charges|

5/5 - (1 vote)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 141 reviews fromDennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.MARK SINGHMARK SINGH ★★★★★ Igor Vilkov, was the calm in a storm that I thought would never pass. Mr Vilkov always made sure to answer all my questions a concerns . When incarcerated Mr Vilkov always kept in touch with my family . Without his expertise I would have never received such a favourable sentence . He was able to get me a non costodaial sentence for 3 serious charges that could have had me locked up for 2 years or more . Mr Vilkov truly cares about his client's a there family and not just about fees . I would recommend Mr Vilkov to anyone who has been charged he is a true professional.Thompson RanjitsinghThompson Ranjitsingh ★★★★★ Very great SA lawyer very reliable .he will do a very good job in getting you acquitted. Thanks a million igorJoshua RJoshua R ★★★★★ Best lawyer out there thank you for fighting my caseLydia RanjitsinghLydia Ranjitsingh ★★★★★ He's a very good lawyers, he got my son charges drop.Thank youthompson “Aaliyah R.” ranjitsinghthompson “Aaliyah R.” ranjitsingh ★★★★★ KK ★★★★★ So thankful that he got the job done and with reasonable pricing, he was so helpful and respectful throughout the whole process. 5 stars well earned.Sami Life Style (SamSam)Sami Life Style (SamSam) ★★★★★ I was facing very serious charges and was represented by Mr. Prajs. Mr. Prajs and the whole team at Vilkhov law vigorously defended me at trial and my charges were withdrawn. I can recommend Mr. Prajs and the whole Vilkhov team to anyone facing serious allegations.Ysabel AtienzaYsabel Atienza ★★★★★ Igor displays a level of professionalism, knowledge and dedication that puts his clients at ease during a very stressful time. His expertise in criminal law is unparalleled. What sets him apart is his unwavering commitment to his clients. He genuinely cares about his clients’ well-being and will go above and beyond for you!Kevin DKevin D ★★★★★ Igor is a great lawyer and has provided valuable guidance throughout my experience with him. He has always been honest and straightforward which I appreciate very much. I would recommend him to anyone looking for a successful outcome.Narmatha SNarmatha S ★★★★★ Igor is a dedicated and intelligent lawyer, known for his commitment to his clients.I've witnessed firsthand his incredible work ethic and professionalism, which sets a high standard in the legal field. His ability to meticulously research cases and articulate arguments convincingly is truly impressive!Fred BalmerFred Balmer ★★★★★ Experience with Vilkhov Law was great, Igor made all my charges get dropped without any issues. I would highly recommend this firm to everyoneDavinder GillDavinder Gill ★★★★★ Ecem KokEcem Kok ★★★★★ My experience with Vilkhov Law was nothing short of exceptional. Facing a daunting legal battle, looking at significant jail time and scared, I sought Igor Vilkhov's expertise based on his stellar reputation in criminal law. From the initial consultation to the trial, every step was handled with precision and care. His deep knowledge of the law and strategic approach gave me confidence throughout.In a pivotal moment during my case, Igor Vilkhov's dedication and expertise truly shone through, resulting in a favorable outcome that exceeded my expectations. His communication was clear and timely, keeping me informed and reassured at every turn.I am immensely grateful to Igor Vilkhov and the entire team at Vilkhov Law for his unwavering support and tireless effort. His professionalism and commitment are second to none. If you find yourself in need of expert legal representation, look no further than Vilkhov Law. He is simply the best.Rhea OXXORhea OXXO ★★★★★ Jessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top