Importing Controlled Drugs or Substances
Controlled drugs and substances are found in the Controlled Drugs and Substances Act (CDSA). This federal legislation provides for criminal offences related to substances listed in four ‘Schedules’ to the CDSA. The schedules contain all prohibited substances, including precursors to chemical substances, ranging from cocaine, heroin, fentanyl and others, to MDMA or ‘molly’, ketamine to other substances. Different substances are treated differently in the criminal justice system. The legislation prohibits possession, trafficking, importing, and producing scheduled substances.
Charges under the Controlled Drugs and Substances Act are common charges in Toronto and other regions in the Greater Toronto Area. Usually prosecuted by the Public Prosecution Service of Canada, drug cases often involve issues of searches and seizures, search warrants, and arbitrary detention. These issues often call out for applications to exclude evidence under the Canadian Charter of Rights and Freedoms. Misha has experience in defending charges under the CDSA. Contact our office for a consultation regarding your case.
What is Importing Controlled Drugs or Substances?
Importing Controlled Drugs or Substances remains a very serious offence in Canada. Frequently, people are charged with importing offences in the Peel Region (where offences related to Pearson International Airport are prosecuted) or as a result of special police projects. In some cases, police make use of a technique called a ‘controlled delivery’ where suspected drug packages are intercepted and tracked to their intended destinations. Like other offences under the CDSA, defences are often related to Charter rights. Issues of knowledge or control are frequently litigated: did the individual know that the substances were present or did the individual have control over the process? Was the individual forced or tricked to bring the substances across the border. Misha has experience defending people charged with importing controlled drugs and substances. Call today to discuss your case.
What is the Penalty for Importing Controlled Drugs or Substances? Is there Jail Time?
The maximum penalty for importing drugs varies depending on the type of drug. For cocaine and other ‘hard drugs’ the maximum sentence is life imprisonment. Long jail sentences are common for even first offenders. There are a several other possible outcomes for criminal charge of importing, including lower sentences and the possibility of having your charges withdrawn.
What happens if you're charged with Importing Controlled Drugs or Substances?
Depending on the seriousness of the offence and the circumstances of the case, the police may release you from the station or may hold you for a bail hearing. If you are held for bail, they will advise you so that you may make arrangements to contact a lawyer and assist you in contacting your friends or family to act as sureties for your bail. You have a right to be brought before a Justice or Judge within a reasonable time, but in any event within 24 hours of your arrest.
At your bail hearing, your lawyer and the Crown will argue about whether you should be released from custody and, if so, what reasonable terms of bail should be imposed. Any person charged with a crime has a right to a reasonable bail.
Contact our office if a friend or family member has been charged with an offence, or if they are being held for bail.
Why shouldn't I just plead guilty to Importing Controlled Drugs or Substances?
Only a careful review of your matter can give you the advice you need to make crucial decisions on your case and your life. A careful review may reveal gaps or problems with the Crown’s case. Contact experienced trial counsel before deciding to plead guilty.
First Time Importing Controlled Drugs or Substances Charges
The criminal justice system often recognizes that people make mistakes. Some mistakes are bigger than others. People charged with offences, including Importing Controlled Drugs or Substances, for the first time are usually treated somewhat differently from people with long criminal records. Experienced counsel can assist in obtaining great results for first time charges. This may include diversion before trial or favourable plea agreements. Contact our office to discuss your case and what to expect.
Importing Controlled Drugs or Substances Legislation
Source: Controlled Drugs and Substances Act
Interpretation
Marginal note:Definitions
2 (1) In this Act,
adjudicator means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations; (arbitre)
analogue means a substance that, in relation to a controlled substance, has a substantially similar chemical structure; (analogue)
analyst means a person who is designated as an analyst under section 44; (analyste)
Attorney General means
(a) the Attorney General of Canada, and includes their lawful deputy, or
(b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy; (procureur général)
chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)
controlled substance means a substance included in Schedule I, II, III, IV or V; (substance désignée)
customs office has the same meaning as in subsection 2(1) of the Customs Act; (bureau de douane)
designated device means a device included in Schedule IX; (instrument désigné)
designated substance offence means
(a) an offence under Part I, except subsection 4(1), or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)
inspector means a person who is designated as an inspector under section 30; (inspecteur)
judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction; (juge)
justice has the same meaning as in section 2 of the Criminal Code; (juge de paix)
Minister means the Minister of Health; (ministre)
non-chemical offence-related property means offence-related property that is not chemical offence-related property; (bien infractionnel non-chimique)
offence-related property means, with the exception of a controlled substance, any property, within or outside Canada,
(a) by means of or in respect of which a designated substance offence is committed,
(b) that is used in any manner in connection with the commission of a designated substance offence, or
(c) that is intended for use for the purpose of committing a designated substance offence; (bien infractionnel)
organization has the same meaning as in section 2 of the Criminal Code. (organisation)
person means an individual or an organization. (personne)
possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)
practitioner means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner; (praticien)
precursor means a substance included in Schedule VI; (précurseur)
prescribed means prescribed by the regulations; (Version anglaise seulement)
produce means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including
(a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or
(b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,
and includes offer to produce; (production)
provide means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration; (fournir)
sell includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration; (vente)
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)
Marginal note:Interpretation
(2) For the purposes of this Act,
(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and
(b) a reference to a controlled substance includes a reference to
(i) all synthetic and natural forms of the substance, and
(ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use
(A) in producing the substance, or
(B) in introducing the substance into a human body.
Marginal note:Interpretation
(3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.
1996, c. 8, s. 35, c. 19, s. 2; 2001, c. 32, s. 47; 2017, c. 7, s. 1; 2018, c. 16, s. 194.
Previous Version
Marginal note:Interpretation
3 (1) Every power or duty imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.
(2) [Repealed, 2017, c. 7, s. 2]
1995, c. 22, s. 18; 1996, c. 19, s. 3; 2017, c. 7, s. 2.
Previous Version
PART I
Offences and Punishment
Particular Offences
Marginal note:Possession of substance
4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Marginal note:Obtaining substance
(2) No person shall seek or obtain
(a) a substance included in Schedule I, II, III or IV, or
(b) an authorization to obtain a substance included in Schedule I, II, III or IV
from a practitioner, unless the person discloses to the practitioner particulars relating to the acquisition by the person of every substance in those Schedules, and of every authorization to obtain such substances, from any other practitioner within the preceding thirty days.
Marginal note:Punishment
(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Marginal note:Punishment
(4) Subject to subsection (5), every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule II
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years less a day; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
(5) [Repealed, 2018, c. 16, s. 195]
Marginal note:Punishment
(6) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule III
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
Marginal note:Punishment
(7) Every person who contravenes subsection (2)
(a) is guilty of an indictable offence and liable
(i) to imprisonment for a term not exceeding seven years, where the subject-matter of the offence is a substance included in Schedule I,
(ii) to imprisonment for a term not exceeding five years less a day, where the subject-matter of the offence is a substance included in Schedule II,
(iii) to imprisonment for a term not exceeding three years, where the subject-matter of the offence is a substance included in Schedule III, or
(iv) to imprisonment for a term not exceeding eighteen months, where the subject-matter of the offence is a substance included in Schedule IV; or
(b) is guilty of an offence punishable on summary conviction and liable
(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and
(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.
(8) [Repealed, 2018, c. 16, s. 195]