Import and Export Offences
Importing and exporting drugs is one of the most serious non-violent offences in Canada. These charges need to be taken seriously. Hiring a lawyer is your first step.
What is drug importing and exporting?
Under Section 6(1) of the CDSA, it is a criminal offence to import or export Schedule I, II, III, IV, V, or VI drugs into and out of Canada. It is also an offence under section 6(2) of the CDSA to possess drugs for the purpose of exporting them. Importing and exporting refers to illegally transporting or bringing illicit drugs and substances into and out of Canada.
Importing and exporting drugs can be done directly by having the drugs on your person as you cross the border. It can also be done indirectly if you ask another person to bring them in and out of the country or cause them to be brought in and out of the country.
In addition to drug importing/exporting, you may also face charges for drug possession and drug trafficking. For more information on those offences, please visit X, and Y.
Consequences if found guilty:
Due to the dangerous nature of drugs, the sentences can be very serious and lengthy depending on the substance and the quantity of the drug. Under the CDSA, the sentences for drug importing and exporting and possession for the purpose of exporting are the same.
At its most serious, an importing or exporting charge can run a possible life sentence. There are also mandatory minimum sentences of one to two years in prison, depending on some factors. A lawyer is in the best position to explain the jeopardy you are facing, and they can advocate tirelessly on your behalf.
It’s vital to hire a lawyer
Importing and exporting drugs is taken very seriously. Investigation for these offences usually involve highly skilled officers from the Canadian Border Services Agency and may also include special narcotics investigators. These officers devote much time and resources into drug importing and exporting investigations. Additionally, because the offence is so serious, Crown lawyers prosecute these cases aggressively. You should hire a lawyer that will be just as vigorous in your defence. In fact, it is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how drug importing and exporting cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.