Drug Trafficking

What is Drug Trafficking under Section 5(3) of the CDSA

Definition: The Controlled Drugs and Substances Act (CDSA) is the main Canadian law dealing with illegal drugs. Section 5(3) provides several circumstances that can lead to a drug trafficking charge, going beyond just selling. These include:

To Sell: Offering to sell or any action in preparation of a sale, even if the actual transaction never occurs.
To Transport or Deliver: Moving the drug from one place to another for the purpose of trafficking.
To Transfer: Giving controlled substances to another with the intent of facilitating any kind of trafficking.
To Send: Sending, shipping, or otherwise getting the drugs to someone, regardless of physical distance.

Important Points:

“Trafficking” includes the intent to do any of the above, even if the plan failed.
The crown must prove that you knew it was an illegal drug under the CDSA.
The type and quantity of the drug are significant in determining the severity of the charges.

Common Evidence:

Direct witness observations of you engaging in trafficking activity.
The substance itself, analyzed to confirm what it is.
Drug paraphernalia (scales, baggies, large quantities of cash).
Text messages, phone records, or other communications that suggest trafficking activity.

Penalties for Drug Trafficking (Section 5(3) CDSA)

Penalties for drug trafficking are significant. Here’s a general overview:

Indictment: Trafficking charges are always indictable offences with the potential for serious jail time.

Maximum Penalty: Up to 10 years in prison.
Mandatory Minimum Sentences: Certain offences involving specific drugs carry mandatory minimum sentences of 1 or 2 years in prison.

How We Can Help

Securing Your Release: An arrest for trafficking nearly always means a bail hearing. It can be very difficult to get bail, but we’ll fight hard for your release with strict conditions.

Fighting the Charges: Every trafficking case depends on the specific details. We’ll look closely to build a strong defence:

You did not have actual or constructive possession of the drugs (they were found in your home but were someone else’s, etc.).
There is no proof of trafficking intent – your actions had a different purpose.
Evidence is insufficient to prove the quantity of the drugs.
The police violated your rights during their investigations, and the evidence should be excluded.

Frequently Asked Questions

Can I be charged with trafficking for carrying drugs for a friend?

Yes. “Delivering” includes helping someone else carry out trafficking, even with a small amount.

What's the difference between simple possession and trafficking?

Trafficking involves an intention to distribute, not just having the drug.

Does it matter if I'm offered money and refuse?

The Crown may use this to support an “offer to sell” argument.

Let's Talk About Your Case

Drug trafficking charges are incredibly serious and can potentially result in lengthy prison sentences. Don’t leave your future to chance. The earlier you secure legal representation, the better. Contact us as soon as possible for a free case review to discuss your situation and potential defences.

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