Trafficking Lawyer Toronto

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The law surrounding drug offences can be extremely complex. Seeking the expertise of a skilled defence lawyer with a track record of defending drug charges is in a defendant’s best interest. A lawyer can negotiate with the Crown prosecuting the case with the aim of having one’s charges withdrawn or stayed. View More

Yes. The breadth of Drug Trafficking cases is wide-ranging: from momentary transactions between two individuals for a small amount of marijuana; to ongoing conspiracies over a long duration involving substances like cocaine or heroin. Depending on the complexity of the case, evidence can include extended police surveillance, wiretapping on phone lines, and undercover police agents.

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The substance and quantity will determine whether someone is charged with trafficking or not. Certain amounts also triggered mandatory minimum penalties under the Controlled Drugs and Substances Act. For example, for a Schedule I substance, there is a mandatory minimum sentence of two years imprisonment on importing and exporting under sections 6(1) and 6(2) of the CDSA (and a mandatory minimum of 1 year where it is for the purpose of trafficking) if there is more than 1 kg of the substance.

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Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.

Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:

• the right against unreasonable search and seizure;
• the right to not be arbitrarily detained;
• the right to be informed promptly of the reasons for arrest;
• the right to retain and instruct counsel without delay; and
• the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

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For Schedule I and II substances, there is maximum punishment of life imprisonment. There are also mandatory minimums if any of the following factors existed:

• the person committed the offence for the benefit of, at the direction of or in association with a criminal organization;
• the person used or threatened to use violence in committing the offence;
• the person carried, used or threatened to use a weapon in committing the offence;
• the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years;
• the person committed the offence in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years;
• the person committed the offence in a prison or on its grounds; or
• the person used the services of a person under the age of 18 years, or involved such a person, in committing the offence.

For Schedule III or V Substances, the maximum punishment is 18 months imprisonment if the Crown proceeds by summary conviction, or 10 years if the Crown proceeds by indictment.

For Schedule IV Substances, the maximum punishment is one year imprisonment if the Crown proceeds by summary conviction, or 3 years if the Crown proceeds by indictment.

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Trafficking inludes, but is not limited to, selling, giving, transferring, administering, delivering, and offering to sell drugs. It also includes people who aid or abet those who traffic drugs as a party to the offence.

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