If you are facing a drug trafficking charge in Canada, the stakes are extremely high. These offences carry some of the harshest penalties under the Controlled Drugs and Substances Act (CDSA), including lengthy prison sentences, even for first-time offenders. The complexity of drug trafficking cases—combined with the aggressive approach often taken by prosecutors—makes it essential to retain an experienced drug trafficking lawyer as early as possible.
This article explains what drug trafficking is under Canadian law, the types of substances involved, how trafficking charges are prosecuted, and how a criminal defence lawyer can help you navigate the legal system and fight for your rights.
What Is Drug Trafficking in Canada?
Drug trafficking is defined in section 5(1) of the Controlled Drugs and Substances Act. It involves selling, giving, transporting, sending, or delivering a controlled substance, or offering to do so, whether or not the transaction is completed. You can also be charged with trafficking if you possess drugs for the purpose of trafficking.
Trafficking includes more than selling illicit drugs. It also covers situations such as giving a drug to a friend, delivering a package you didn’t inspect, or carrying substances on someone else’s behalf—even if you’re not paid.
Controlled Substances and Schedules
The CDSA separates drugs into different “schedules” based on their risk profile:
-
Schedule I: Heroin, cocaine, fentanyl, oxycodone – considered the most dangerous; trafficking carries the most severe penalties
-
Schedule II: Cannabis (now largely excluded under legalization, but still restricted in some cases)
-
Schedule III: LSD, psilocybin (magic mushrooms), mescaline
-
Schedule IV: Benzodiazepines, anabolic steroids, barbiturates
The penalties and seriousness of your charge depend heavily on the classification of the substance involved.
Penalties for Drug Trafficking
Trafficking or possession for the purpose of trafficking is always treated as an indictable offence. That means you face formal prosecution and serious penalties:
-
Schedule I and II (e.g., fentanyl, cocaine): Maximum sentence of life imprisonment
-
Schedule III and IV: Maximum sentence of 10 years in prison
Aggravating factors such as trafficking near a school, involving youth, or participation in a criminal organization can result in mandatory minimum sentences, which limit a judge’s discretion and increase the chances of a custodial sentence.
What Happens After a Drug Trafficking Arrest?
When you are arrested for drug trafficking, police will typically:
-
Search your person, vehicle, home, or electronic devices (often with a warrant)
-
Seize any suspected controlled substances and related evidence (cash, scales, packaging)
-
Charge you under the CDSA and hold you in custody for a bail hearing
Once charged, the Crown will decide whether to oppose your release. If they do, you will need to secure bail, often under strict conditions such as curfews, sureties, and travel restrictions.
At this stage, contacting a drug trafficking lawyer is critical. Your lawyer will not only represent you at your bail hearing but also begin reviewing the evidence and preparing your defence.
How a Drug Trafficking Lawyer Can Help
Drug trafficking cases often involve technical legal issues, surveillance evidence, and complex disclosure. A skilled criminal defence lawyer will:
-
Challenge the legality of the search and seizure (Charter violations may lead to evidence being excluded)
-
Review and contest the Crown’s evidence, including lab reports, police notes, and wiretap authorizations
-
Negotiate with the Crown to reduce the charges or seek withdrawal in weak cases
-
Explore constitutional defences, such as unreasonable delay or breach of your rights during arrest
-
Represent you at trial, presenting defences like lack of knowledge, mistaken identity, or absence of intent
In some cases, your lawyer may also be able to argue for diversion, conditional sentence orders, or drug treatment programs, especially where addiction or mental health is a factor.
Possible Defences to Drug Trafficking Charges
1. Lack of Knowledge
If you did not know you were in possession of the drugs (for example, if they were planted or hidden in your belongings), the charge may not hold.
2. No Intent to Traffic
Possession alone is not enough for a trafficking conviction. The Crown must prove you intended to distribute the substance, often by relying on packaging, scales, or quantity.
3. Charter Breaches
If your rights under the Canadian Charter of Rights and Freedoms were violated during your arrest, search, or detention, your lawyer may apply to have the evidence excluded.
4. Entrapment
If police induced you to commit an offence you would not otherwise have committed, it may be grounds for dismissal of the charges.
5. Duress or Coercion
If you were forced to carry or sell drugs under threat or coercion, this may form a defence under certain conditions.
Long-Term Consequences of a Trafficking Conviction
A conviction for drug trafficking doesn’t just mean possible jail time—it also creates long-term consequences:
-
A permanent criminal record
-
Loss of employment and educational opportunities
-
Inability to travel internationally, especially to the U.S.
-
Deportation or inadmissibility for permanent residents or visa holders
-
Lifetime restrictions on firearm possession and other civil liberties
This is why having an experienced defence lawyer is not optional—it’s essential.
Why Choose De Boyrie Law
At De Boyrie Law, we have extensive experience defending clients charged with drug trafficking in Toronto and throughout Ontario. We understand how serious these charges are and how much is at stake. Our team is proactive, detail-oriented, and focused on delivering strong legal defences that minimize your exposure to jail time and long-term consequences.
We fight hard to protect your rights at every stage—from bail hearings to pre-trial motions and, when necessary, at trial.
Schedule a Free Consultation with De Boyrie Law
If you’ve been charged with drug trafficking, don’t wait. Contact De Boyrie Law today for a free, confidential consultation. We’ll review your case, explain your options, and start building a defence strategy tailored to your unique situation.