Drug Importing, Exporting and Production Charges in Canada

The short answer

Bringing drugs into or out of Canada, or making or growing them, are among the most serious drug offences in Canadian law. For Schedule I drugs like cocaine or fentanyl, the maximum sentence is life in prison. Toronto Pearson International Airport is in Mississauga. Airport cases from Pearson are usually heard at the Brampton courthouse. They often turn on whether the person charged knew what they were carrying.

What the offences cover

• Importing or exporting (s. 6(1)): Bringing a controlled substance into or out of Canada without legal authorization.
• Possession for the purpose of exporting (s. 6(2)): Having a controlled substance with the intent to send or take it out of Canada.
• Production (s. 7): Making, growing, manufacturing or processing a controlled substance.

Cannabis is not covered by the CDSA, so cannabis importing and production fall under the Cannabis Act instead.

Maximum penalties

• Schedule I or II: The maximum is life, and the charge can only be prosecuted by indictment.
• Schedule III or V: The maximum is 10 years by indictment, or 18 months on summary conviction.
• Schedule IV: The maximum is 3 years by indictment, or 1 year on summary conviction.
• Precursor chemicals (Schedule VI), importing or exporting: The maximum is 10 years by indictment, or 18 months on summary conviction.

There are no mandatory minimum sentences for these offences.

Airport cases and Peel courts

Many importing cases begin with a search by the Canada Border Services Agency at Pearson. Once drugs are found, the RCMP usually takes over the investigation. These cases are prosecuted by the Public Prosecution Service of Canada, the federal prosecutor, rather than the provincial Crown.

Border searches

Border officers have wider search powers than police inside Canada. People expect to be checked when they cross the border. They can search luggage and, in some circumstances, conduct more intrusive searches. However, these powers have limits, especially for detaining and questioning travellers. Statements taken without proper rights warnings may be challenged.

Bail

Importing, exporting or producing a Schedule I or II drug is a reverse onus offence at bail under s. 515(6)(d) of the Criminal Code. You must show the court why you should be released, so a strong release plan with a responsible surety is often essential.

Production cases

Production charges often arise from searches of homes, garages or rented properties where police allege drugs were being made. The prosecutor must prove that you were involved in the production. Living in or owning the property is not enough. Evidence such as receipts, utility records, fingerprints and messages is often used to try to connect people to the operation.

Possible defences

• No knowledge: You did not know what was in the bag or package, and the prosecutor cannot prove that you knew or deliberately avoided finding out.
• Border search limits: Border officers went beyond their legal powers when detaining or questioning you.
• Identity of the substance: Lab testing does not prove what the substance actually was.
• Continuity: The prosecutor cannot show that the evidence was handled properly from seizure to the lab.

Parcel and controlled delivery cases

Sometimes police find drugs in a package and allow it to be delivered while they watch. The key questions are whether the person who received the package knew what was inside, and whether the search and the delivery were lawful.

For example, a person who accepted a package addressed to someone else at their building is in a very different position from someone who tracked the parcel and paid for it.

Effects beyond the sentence

Because importing and production of Schedule I or II drugs carry a maximum of life, a conviction can make a permanent resident inadmissible for serious criminality. A conviction also brings a mandatory weapons prohibition and can lead to forfeiture of property connected to the offence.

What happens after you are charged

1. Arrest and detention: After a border search, the RCMP usually arrests the traveller and may hold them for a bail hearing.
2. Bail hearing: For Schedule I or II drugs, you must show why you should be released.
3. Disclosure: The federal prosecutor provides border records, video, lab results and any phone evidence.
4. Resolution or trial: Many cases go to trial on the issue of knowledge.

Couriers and travellers

Some people are asked to carry a bag or package by a friend, relative or new acquaintance, sometimes in exchange for a free trip. If drugs are found inside, the key question is what that person knew. Courts look at the travel plans, who paid for the ticket, how the bag was packed and how the person reacted when it was searched. A traveller who had no reason to suspect anything is in a very different position from one who was paid to carry a sealed package.

Possible outcomes

What to do now

• Do not discuss the case with anyone who arranged your travel or the package.
• Keep all travel bookings, receipts and messages related to the trip.
• If you are held, start preparing a release plan with a surety right away.

Production in rented properties

Police sometimes find drug production sites in rented houses, units or garages. The landlord or a tenant who had no involvement may be questioned or even charged. The prosecutor must prove that each person knew about the operation and took part in it. Leases, rent records and messages with other occupants can be important evidence.

How we can help

We can review the border search, the evidence of knowledge and the lab and continuity records. Call (647) 223-1980 for a free consultation.

Frequently asked questions