416-807-4477
24/7 FREE
Available
Available
Available 24/7 FREE
416-807-4477 
Drug trafficking is prosecuted under the Controlled Drugs and Substances Act (CDSA), not the Criminal Code, and depending on the substance involved, a conviction can carry a sentence of up to life imprisonment. If you are facing a drug trafficking charge in Toronto or anywhere in Ontario, retaining an experienced drug trafficking lawyer as early as possible is critical to protecting your rights and building an effective defence.
Drug trafficking and possession for the purpose of trafficking cases are often built on circumstantial and technical evidence. Police may rely on surveillance, intercepted communications, cellphone data, search warrants, cash, packaging materials, scales, alleged drug ledgers and expert evidence to argue that a controlled substance was intended for distribution rather than personal use.
A drug trafficking lawyer in Toronto can examine whether the Crown can prove knowing possession, whether the alleged conduct meets the broad legal definition of trafficking, and whether evidence was obtained through a lawful search, seizure or interception. Where evidence was obtained in breach of the Charter, the defence may seek its exclusion from the prosecution’s case.
Igor Vilkhov is the founder and principal lawyer of Vilkhov Law. He graduated from the University of Windsor Law School, where he focused on criminal law, and practises criminal defence in Toronto and throughout the Greater Toronto Area.
Drug trafficking prosecutions can depend heavily on what the police infer from evidence found during an investigation. Igor approaches these cases by examining the legality of the investigation, the connection between the accused and the substances or other evidence seized, and whether the Crown can establish trafficking or an intention to traffic beyond a reasonable doubt.
Benson (“Ben”) Wilson is a criminal defence lawyer at Vilkhov Law whose practice focuses exclusively on criminal defence. He earned his J.D. from the University of Ottawa after studying Global and International Studies at Carleton University.
Ben represents accused persons throughout the criminal process, including disclosure review, Crown discussions and trial preparation. In drug trafficking cases, that work can involve assessing search-and-seizure issues, communications evidence, and the circumstantial evidence the prosecution relies on to establish possession or an intention to traffic.
Vilkhov Law represents clients facing drug trafficking and possession for the purpose of trafficking charges in Toronto and across the GTA. Early legal advice can be particularly important where police have seized drugs, phones, cash or other property, or where the prosecution relies on evidence obtained through a search warrant or electronic surveillance.
Under section 5 of the Controlled Drugs and Substances Act (CDSA), you can be charged with either trafficking a substance or possessing a substance for the purpose of trafficking. Both offences carry the same maximum penalties, and both are treated far more seriously than simple drug possession, which does not require any intent to sell or distribute. It is illegal to traffic, or possess for the purpose of trafficking, any drug or substance listed in the Schedules to the CDSA.
Trafficking is defined under section 2 of the CDSA as:
Experienced Toronto defence lawyers can fight your criminal charges.
reach out online for a free review.
For a trafficking charge, the Crown must prove that the accused engaged in conduct that falls within the CDSA definition of trafficking, such as selling, administering, giving, transferring, transporting, sending or delivering the substance, or offering to do any of those things. It does not matter whether the substance is genuine; offering to sell a fake drug is enough, and no actual sale or exchange of money needs to take place. For a possession for the purpose of trafficking charge, the Crown must prove the accused possessed a genuine substance, and depending on the quantity, the court may draw an inference that the possession was for the purpose of trafficking.
Factors courts consider when assessing whether possession was for the purpose of trafficking include:
You can be charged with trafficking, or possession for the purpose of trafficking:
When you are arrested, police must inform you of your right to retain and instruct counsel. It is always advisable to exercise this right and obtain legal advice from a drug trafficking lawyer before speaking to police.
Due to the reverse-onus provisions that apply to many trafficking charges, having experienced bail counsel involved from the outset can make a significant difference to whether you are released and on what conditions.
If police do not release you, you must generally be brought before a justice without unreasonable delay and within 24 hours where a justice is available, or as soon as practicable if one is not available. Everyone has a constitutional right to reasonable bail, but the Crown will typically contest release in trafficking cases. A contested bail hearing (a “show cause” hearing) requires the Crown to justify detention, although for certain reverse-onus offences, including trafficking in Schedule I or II substances, the burden shifts to the accused to show why detention is not justified.
The court considers three grounds when deciding whether to detain an accused pending trial:
If released, bail conditions in drug trafficking cases can be strict and may include supervision by a surety, a curfew or house arrest, restrictions on travel, and a requirement to abstain from drugs and alcohol. Breaching any condition of release can result in additional charges and revocation of bail.
Drug trafficking prosecutions fall under the jurisdiction of the Public Prosecution Service of Canada (PPSC), a federal Crown service. Once you retain a lawyer, they will request full disclosure of the evidence against you, which in trafficking cases can run to hundreds or thousands of pages, along with surveillance footage and intercepted communications.
A Crown pre-trial (CPT) is typically scheduled once disclosure has been reviewed, allowing your lawyer to discuss the Crown's position and explore resolution options. A judicial pre-trial (JPT) may follow, giving a judge the opportunity to provide guidance in a less formal setting. If you are charged with trafficking or possession for the purpose of trafficking involving a Schedule I or II substance, the offence is punishable by life imprisonment and, depending on the mode of trial and applicable procedural requirements, a preliminary inquiry may be available.
Sentences for trafficking and possession for the purpose of trafficking are identical under the CDSA, and depend entirely on the Schedule of the substance involved:
| Schedule (examples) | Summary Conviction | Indictment |
|---|---|---|
| Schedule I / II – e.g. fentanyl, heroin, cocaine and certain synthetic cannabinoids | Not available – straight indictable | Up to life imprisonment |
| Schedule III – e.g. LSD, mescaline | Up to 18 months | Up to 10 years |
| Schedule IV – e.g. barbiturates, anabolic steroids | Up to 1 year | Up to 3 years |
As of Bill C-5, which received Royal Assent on November 17, 2022, there is currently no mandatory minimum sentence for any drug trafficking offence under the CDSA. Bill C-5 repealed every mandatory minimum penalty that previously applied to CDSA offences, including the one- and two-year minimums that applied when an offence was committed for the benefit of a criminal organization, involved violence, or occurred near a school. This followed the Supreme Court of Canada's decision in R. v. Lloyd, 2016 SCC 13, which struck down one of these minimums as unconstitutional.
This does not mean trafficking convictions are treated leniently. The maximum penalty for Schedule I and II substances remains life imprisonment, and a sentencing judge must still consider aggravating factors listed under section 10(2) of the CDSA, including whether the offence involved violence, was carried out for the benefit of a criminal organization, occurred near a school, or involved a young person. These factors continue to push sentences upward; they no longer trigger an automatic statutory floor that a judge must impose regardless of the case's individual circumstances.
Being charged with a criminal offence, especially drug trafficking, is a stressful and life-altering experience. It is important to seek professional advice from a drug trafficking lawyer about your rights from the outset.
A drug trafficking lawyer can:
All criminal cases are fact-specific and complex. Retaining a lawyer early is particularly important in drug trafficking matters, which frequently involve search and seizure issues that can affect what evidence is admissible against you. For more information about how we can help, please contact our team.
It depends on the substance. Trafficking, or possession for the purpose of trafficking, a Schedule I or II substance is a straight indictable offence. Schedule III and IV offences are hybrid, meaning the Crown can elect to proceed summarily or by indictment depending on the circumstances.
Trafficking involves conduct such as selling, administering, giving, transferring, transporting, sending or delivering a controlled substance, or offering to do any of those things. Possession for the purpose of trafficking requires the Crown to prove possession of a controlled substance together with an intention to traffic it.
No. Bill C-5 repealed all mandatory minimum penalties under the CDSA as of November 17, 2022. Sentencing is now entirely at the judge's discretion, subject to the statutory maximum for the relevant Schedule, and guided by the aggravating and mitigating factors in the case.
In some cases, depending on the strength of the evidence connecting the accused to an intent to traffic, a lawyer may be able to negotiate a resolution to a lesser charge. This depends entirely on the facts of the case and is not guaranteed.
Yes. A conviction for a drug trafficking offence is generally treated as inadmissible under U.S. immigration law and can result in being denied entry to the United States. The consequences of a conviction extend well beyond the criminal sentence itself, including impacts on employment, immigration status and travel.
Our team of sexual assault lawyers in Toronto and nearby regions serves clients across the GTA and Southern Ontario. Whether you’re in Mississauga, Brampton, Vaughan, or Barrie, we are here to help. Looking for a sexual assault lawyer near you? Contact us now.
