Drug trafficking

When a person is accused of an infraction involving narcotics, it is mostly possible to exclude the evidence based on the police procedures. If your rights have been violated, you may be acquitted of the charges by filing a Charter Motion. Seek legal advice from a qualified Criminal Attorney by calling Ms. Dagenais.

Definition

traffic means, in respect of a substance included in any of Schedules I to V,

(a) to sell, administer, give, transfer, transport, send or deliver the substance,

(b) to sell an authorization to obtain the substance, or

(c) to offer to do anything mentioned in paragraph (a) or (b),

otherwise than under the authority of the regulations. (trafic)

provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;

sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;

Section 5 of the Controlled Drugs and Substances Act: Trafficking in substance

(1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.

Possession for purpose of trafficking

(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.

Punishment

(3) Every person who contravenes subsection (1) or (2)

(a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and

     (i) to a minimum punishment of imprisonment for a term of one year if

          (A) the person committed the offence for the benefit of, at the direction of or in association with a

          criminal organization, as defined in subsection 467.1(1) of the Criminal Code,

          (B) the person used or threatened to use violence in committing the offence,

          (C) the person carried, used or threatened to use a weapon in committing the offence, or

          (D) 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, or

     (ii) to a minimum punishment of imprisonment for a term of two years if

          (A) 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,

          (B) the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on

          its grounds, or

          (C) the person used the services of a person under the age of 18 years, or involved such a person,

          in committing the offence;

(b) if the subject matter of the offence is a substance included in Schedule III or V,

     (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

     (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not

     exceeding eighteen months; and

(c) where the subject-matter of the offence is a substance included in Schedule IV,

     (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

     (ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not

     exceeding one year.

Interpretation

(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.