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Importation Offences
Drug Importing Into Canada
It is a criminal offense in Canada to import any type of drug, including cocaine, marijuana, heroin, ecstasy, or other substances prohibited by the Controlled Drugs and Substances Act. In Ontario, most drug importing charges arise from alleged crimes at Pearson International Airport in Brampton and are prosecuted at the Brampton Courthouse. Rupin Bal Law Professional is an experienced criminal lawyer frequently representing individuals accused of drug offenses, such as importing. To arrange a consultation to discuss your criminal law-related matter.
What does it mean to import drugs? The term “importing” lacks a legal definition beyond its ordinary meaning. Importing drugs entails bringing in drugs (or causing them to be brought) from anywhere outside Canada to anywhere inside Canada.
Can a person be convicted of importing drugs if they didn’t personally bring the drugs into Canada? An accused person may be convicted of importing drugs even in the absence of evidence that they personally carried the drugs or were present at the point of entry. Proof that the accused caused the drugs to be brought into the country is sufficient to ground an importing conviction.
What must the crown attorney prove to establish that an accused imported drugs into Canada? In addition to establishing that the accused person brought drugs into Canada or caused drugs to be brought into Canada, the crown must also establish that the accused had knowledge that the substance brought into the country was a controlled drug or substance. If an accused person unknowingly brought drugs into Canada, they are not guilty of the offense of importing, as they would not possess the requisite knowledge sufficient to ground a conviction for the offense.
Is it a defense if the accused thought they were importing a different illegal drug into Canada? The Crown attorney must only prove that the accused knew they were importing an illegal drug to establish the offense of importing. The Crown need not prove that the accused knew the specific name of the drug or substance in question.
Defenses to importing drugs: necessity, duress, and entrapment
Necessity : In some rare circumstances, it may be possible to argue that the act of importing was done out of legal necessity. For the defense of necessity to be successful, it must be shown that 1) there is an urgent situation of imminent peril; 2) there must be no reasonable legal alternative to disobeying the law; and 3) there must be proportionality between the harm inflicted and the harm avoided. In some cases, it has been argued that the accused was not guilty of importing using the defense of necessity due to external conditions that “forced” them to bring drugs into Canada, such as bad weather or mechanical failure of the airplane or ship used to transport the narcotics elsewhere.
Duress : Another potential defense to importing drugs is the defense of duress. Duress arises when a person commits a criminal offense under compulsion by threats of immediate death or bodily harm. In such circumstances, the person may be excused for committing the offense if they believe that the threat of death or bodily harm will be carried out.
Entrapment : In some instances, an accused may be excused for importing drugs into Canada if it can be shown that the police have entrapped them by instigating and encouraging them to commit the offense of importing. Here it must be shown that the offense was manufactured by the police and would not have been committed if the police had not presented the scheme to the accused and then put pressure on them to take the bait. Additionally, it may also be argued that the conduct of the police was so outrageous or unfair as to amount to an abuse of the process, resulting in the charge of importing being thrown out of court. Follow this link for more information on entrapment.
What are the penalties for drug importing? Depending on the type of drug being imported, the maximum penalty for importing a drug banned under the Controlled Drugs and Substances Act can range from 10 years to life in prison. Penalties for drug importation are primarily based on the type of drug being imported. The importation of “hard drugs” such as heroin or cocaine will demand higher sentences than “softer drugs” such as hashish or marijuana. Furthermore, the weight and quantity of the drug also play a significant factor in sentencing. For drug importations alleged to have occurred after November 6th, 2012, mandatory minimum jail terms will apply to those found guilty of importing either a schedule 1 or schedule 2 drug under the Controlled Drugs and Substances Act. For a detailed list of the types of minimum sentences that may apply, read: “Mandatory Minimum Sentences for Serious Drug Offenses in Canada“.
Further offenses for persons charged with importing drugs: A person charged with importing cocaine or importing heroin may also be charged with being in possession of those drugs for the purpose of trafficking them. Click on the following topics to read more about the specific offense of possession for the purpose of trafficking drugs, producing drugs, or drug trafficking. Every allegation of drug importing is fact-specific. Given that most people charged with importing drugs face the potential of spending years in jail, if you or someone you know has been charged with drug importing, you should immediately contact a criminal lawyer for advice.
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