Charges and penalties for trafficking narcotics

Charges and penalties for trafficking narcotics

By Greg Dunn

You could face serious consequences if you have been charged with drug trafficking in Alberta or elsewhere in Canada. Depending on the drug and the quantity in your possession, sentences range from house arrest to life in prison. In addition, you will have a criminal record that can severely impact your ability to find employment and a place to live.

Anyone in this situation should contact an experienced criminal lawyer who can assess the evidence police have accumulated and suggest the best course of action.

The definition of drug trafficking

According to the Controlled Drugs and Substances Act (CDSA), trafficking a drug has three meanings:

(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),

As the word “give” in the first point indicates, you can be charged even if you were just sharing narcotics with another person with no money changing hands.

That being said, most people charged with trafficking drugs are those who profit from the sale of large quantities of hard drugs such as fentanyl or cocaine. Those who buy or sell drugs can also be charged with drug possession.

The definition of drug possession

Some people may assume that they can only be charged with drug possession if police find drugs on their person or in their auto or home. That is not the case.

According to the Criminal Code, the definition of possession is much broader. It includes not only having illegal substances on your person but also: 

  • having them in the custody of another person, or
  • having them in any place, whether or not that place belongs to you; and
  • knowing where illegal substances are kept and exerting some level of control over them.

Drugs fall into schedules

The CDSA divides illegal narcotics into six categories or schedules.

  • Schedule I includes many substances that people consider street drugs. The list includes opium, codeine, heroin, fentanyl, methamphetamine and amphetamines, as well as pharmaceutical-grade drugs such as oxycodone and morphine.
  • Schedule II includes synthetic cannabinoid receptor type 1 agonists, their salts and derivatives. This schedule once included the cannabis family but those are now dealt with under the Cannabis Act.
  • Schedule III includes magic mushrooms and LSD.
  • Schedule IV includes the family of barbiturates.
  • Schedule V has been repealed
  • Schedule VI includes ephedrine.

Penalties for trafficking

Drug trafficking penalties depend on the type and the quantity of the controlled substance, as well as any mitigating or aggravating factors involved in your case.

Aggravating factors that may lead to a more severe sentence include:

  • Involvement in organized crime.
  • The use of a weapon or violence during the offence.
  • Previous drug-related convictions.
  • Trafficking drugs close to schools or other places frequented by minors.

Mitigating factors that may lead to a less severe sentence include:

  • You are a first-time offender.
  • You have demonstrated remorse and acceptance of responsibility.
  • You are participating in a drug treatment program.
  • You have co-operated with police.

As stated in s.5 of the CDSA, anyone found guilty of an indictable offence of trafficking Schedule I or II drugs faces a maximum sentence of life in prison.

If the drug you were convicted of trafficking falls into Schedule III or V, the maximum sentence falls to 10 years for indictable offences and 18 months for charges treated as summary convictions.

Available defences

It is recommended that you retain a criminal lawyer as soon as you are aware you are being investigated for a drug trafficking crime. While police have a right to question you if they have sufficient reason, you have the right to remain silent and to speak to legal counsel.

Various defences can be mounted on your behalf including:

  • Your Charter rights were violated. Everyone in Canada has the right to be secure against unreasonable searches and seizures. Sometimes investigators overstep those boundaries and conduct illegal searches to gather evidence. If that can be shown the Court may exclude any evidence that the police discover as a result of the illegal search.
  • There is a reasonable doubt. To win a conviction the Crown must prove your guilt beyond a reasonable doubt. This defence can be used if there is some question about how the drug trafficking occurred or the nature of the substance being sold.
  • There was no intent. If it can be shown that you were unaware of the presence of drugs or, if you were aware, they were for your personal use, you could be acquitted.

Drug trafficking in Alberta

Some recent stories about drug trafficking in Alberta.

  • According to a June 2024 news report, three men face 49 criminal offences after Calgary police seized more than $55,000 worth of drugs following two unrelated drug trafficking investigations. In August 2022, police found a man overdosed in his home with two men who were charged with drug trafficking in early 2024. Approximately 84 grams of methamphetamine and 32 grams of fentanyl were seized from one of their vehicles. In October 2023, another male died of an overdose at home with a man arrested the next May and charged with drug trafficking. He was found with 10 grams of crack cocaine and 43 grams of cocaine, 18 hydrocodone pills, 414 oxycodone pills and 20 grams of MDMA, along with “other items consistent with drug trafficking activity.”
  • In May 2024, police seized more than 27 kg of cocaine after the search of a west Edmonton home, “the largest haul of the drug by the local branch of the Alberta Law Enforcement Response Team,” a news report states. Investigators also found nearly four kilograms of a suspected cocaine buffing agent, $19,000 cash “and evidence of drug trafficking.” One man was arrested.
  • Not every arrest on trafficking results in a conviction, or even a trial, as this news report notes, stating that in November 2023, members of the Edmonton Police Service (EPS) seized 40.5 kg of cocaine (just under 90 lbs)  during a traffic stop, with a street value pegged at $1.8 million. The haul was “the single biggest cocaine seizure in [EPS’s] history,” and a man was charged with possession for the purpose of trafficking. However, in February 2024, the charge was stayed, meaning that if the Crown takes no steps to resume proceedings within one year, the charge expires. While the Crown did not explain why the charges were stayed, prosecutors “typically discontinue proceedings when they believe there is no longer a ‘reasonable likelihood’ of conviction based on the evidence,” the story states.

Contact us for assistance

Given the legal complexities surrounding drug trafficking charges, you need experienced and knowledgeable legal counsel to ensure you are treated fairly by the judicial system. The team at Dunn & Associates will work to secure the best possible outcome for your case. Contact us for a free consultation.