Importing Lawyer Toronto

Importing Lawyer Toronto

Importing

Importing is one of the most serious category of offences under Canadian criminal and regulatory laws. Importing drugs is a common category of this offence. However, a person can also be charged with other “contraband” substances or items without appropriate licences and compliance with Canadian importing regulations.

What is Importing?

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Have you or someone you care about been charged with Importing? Being convicted of Importing under the Controlled Drugs and Substances Act (CDSA) can have serious consequences in terms of sentencing, international travel and employment.

Importing refers to the illegal transportation of controlled substances into Canada. Depending on the type and the amount of the drug involved, the penalties for Importing narcotics can be severe. Those found guilty of importing hard drugs could face life imprisonment.

Under the Controlled Drugs and Substances Act, a citizen’s constitutional rights are often reduced or restricted at the border. Importing cases are especially complex since the offence originated in another country.

Foreign jurisdictions have different laws and levels of government and police involvement in the lives of private citizens. Once the accused is in Canada, it may be difficult to access evidence pertaining to the case. Witnesses, documents, and other relevant material are now in another jurisdiction. Often, this evidence is out of the reach of Canadian law.

Having a record for a drug offence can have serious repercussions on your life. Given the complexity of this area of law, it is imperative to seek the support of an experienced, diligent defence lawyer.

Depending on the nature and type of contraband, different sentences apply under Section 6 of the Controlled Drugs and Substances Act. Furthermore, in certain circumstances, the court can consider such factors as whether an accused while committing the offence abused a position of trust or authority, or had access to an area restricted to authorized persons and used that access to commit the offence.

Caramanna, Friedberg LLP has represented countless of individuals charged with Importing. Please call us 24/7 at (416) 924-5969 for a consultation about how we can help defend your rights if you have been charged.

Frequently asked questions

Importing refers to the illegal transportation of controlled substances into Canada. It is one of the most serious categories of offences under Canadian criminal and regulatory laws.

An accused is not required to physically bring the drugs into Canada on his or her person. The act of causing the drugs to be brought into Canada is enough to secure a conviction.

The Crown must prove the following elements beyond a reasonable doubt for the accused to be found guilty: Identity of the accused; Date, time, and jurisdiction; That the accused imported into Canada or exported from Canada a substance; That…

The Crown is not required to prove beyond a reasonable doubt the specific drug in question that was imported. However, they are required to prove beyond a reasonable doubt that the accused knew that he or she was importing a controlled substance.

Depending on the type and the amount of the drug involved, the penalties for Importing narcotics can be severe. Some have mandatory minimum sentences of 1-2 years imprisonment. Those found guilty of importing hard drugs could face life imprisonment.

Factual Innocence: Failure of the Crown to prove every essential element of the specific offence beyond a reasonable doubt.

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