Drug Charges in Canada: Offences, Penalties, and Defences

Under the Controlled Drugs and Substances Act, various criminal charges can arise from the possession or trafficking of drugs and controlled substances. The level of severity of a drug charge is based on many different factors, including the quantity and type of drug and the alleged intended purpose of its use.

Drug charges can include the possession, trafficking, and production of narcotics such as cocaine, morphine, or methamphetamines, as well as conspiracy charges and marijuana offences. While the potential penalties range and vary, from the less serious charge of simple possession to more serious charges involving trafficking and possession for trafficking, the consequences of a conviction for drug offences can be significant.

A criminal record for a drug offence can affect your ability to obtain employment, travel and may potentially result in incarceration.

If you have been arrested on a drug charge, know that you may have valid defences available to you. For example, under Section 8 of the Charter, you have the right to be secure against unreasonable search and seizure. The question of the reasonableness of a search is one that arises frequently in drug cases.

In addition to Charter issues involving search and seizure, other strong defences for drug charges can involve issues relating to the validity of search warrants, witnesses, and wiretap authorizations. If you are being questioned by the police, know that what you say may be used to build a case against you.