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Drug Importing Lawyer Toronto | Daniel Brown Law

Drug Importing Lawyer Toronto

Defending Drug Importing Charges in Ontario

It is a criminal offence in Canada to import any type of drug — cocaine, heroin, fentanyl, methamphetamine, ecstasy (MDMA), marijuana, or any other substance prohibited by the Controlled Drugs and Substances Act (CDSA). Drug importing is one of the most serious offences in the CDSA: prosecuted federally, with a maximum of life imprisonment for Schedule I substances and mandatory minimums in many cases. In Ontario, most drug importing charges arise out of conduct at Toronto Pearson International Airport and are prosecuted at the Brampton Courthouse, though mail and courier interdictions, marine port seizures, and land-border cases also lead to importing charges.

Daniel Brown Law defends drug importing charges across the Greater Toronto Area and Ontario, including Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie. If you have been charged with drug importing, contact our office at (416) 297-7200.

Awards & Recognition

Daniel Brown Law is recognized as one of Canada’s leading criminal defence firms.

Why Choose Daniel Brown Law for Your Drug Importing Case

Drug importing prosecutions begin at the border. Disclosure typically includes CBSA reports, examination notes, scanner images, lab certificates, and — in larger files — controlled-delivery materials. The lawyer hired in the first 48 hours often shapes the bail position and Charter strategy.

A boutique focused on criminal defence. Daniel Brown Law represents people charged with crimes — that is all the firm does. Our lawyers have defended importing cases at every level of court in Ontario, from bail to trial to appeals at the Court of Appeal for Ontario.

Depth of senior bench. Importing files do not get handed to a junior. Daniel Brown, Mark Halfyard, and Hilary Dudding are all listed in The Best Lawyers in Canada for criminal defence; Daniel is a certified specialist in criminal law. The firm’s lawyers have handled CBSA referrals, intercepted air-cargo and courier shipments, mail-stream interdictions, and controlled-delivery investigations.

Bail-stage urgency. Drug importing is indictable and triggers a reverse-onus bail hearing under section 515(6) of the Criminal Code — the accused must satisfy the court that detention is not justified. For Schedule I substances like cocaine, heroin, and fentanyl, mandatory minimums apply on conviction and detention orders at the bail stage are common. We build bail materials with the care most firms reserve for trial — sureties, flight-risk responses, and treatment or counselling plans where appropriate.

Trial and appellate capability under one roof. Drug importing trials turn on the integrity of the border investigation. Our lawyers run Charter challenges under sections 8, 9, and 10(b); we contest continuity and the weight and purity evidence relied on at sentencing. Because the firm handles both trial and appeal work, the trial record is built with appellate review in mind.

Across the GTA and Ontario. We appear regularly in Toronto, Newmarket, Oshawa, Brampton (where most Pearson Airport importing prosecutions are heard), Milton, Hamilton, and Barrie.

Speak with a criminal lawyer. Call Daniel Brown Law at (416) 297-7200 to discuss your charge confidentially.

Frequently Asked Questions About Drug Importing Charges in Ontario

What does it mean to import drugs?

The term “importing” does not have a legal definition beyond its ordinary meaning. Importing drugs means to bring 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 he or she personally carried the drugs or was present at the point of entry. Proof that the accused caused the drugs to be brought into the country will be 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 offence of importing, as they would not possess the requisite knowledge sufficient to ground a conviction for the offence.

Is it a defence if the accused thought they were importing a different illegal drug into Canada?

The Crown attorney must only prove that the accused knew he or she was importing an illegal drug to establish the offence of importing. The Crown need not prove that the accused knew the specific name of the drug or substance in question.

Defences 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 defence 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 defence of necessity, due to external conditions which “forced” him to bring drugs into Canada such as bad weather or mechanical failure of the airplane or ship used to bring the narcotics elsewhere.

Duress

Another potential defence to importing drugs is the defence of duress. Duress arises when a person commits a criminal offence under compulsion by threats of immediate death or bodily harm. In such circumstances the person may be excused for committing the offence 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 an accused, by instigating and encouraging him or her into committing the offence of importing.

Here it must be shown that the offence 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 him 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 process which should result in the charge of importing to be 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.

Most penalties for drug importation are based primarily 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 plays a significant factor in sentencing.

For drug importations alleged to have occurred after November 6, 2012, mandatory minimum jail terms will apply to those found guilty of importing either a Schedule I or Schedule II drug under the Controlled Drugs and Substances Act. For a detailed discussion of the minimum sentences that may apply, read: Mandatory Minimum Sentences for Serious Drug Offences in Canada.

Further offences 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. See our pages on 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. Daniel Brown Law can be reached at (416) 297-7200 for a consultation.

Which section of the CDSA creates the offence of importing?

The offence is in section 6 of the Controlled Drugs and Substances Act. Section 6(1) prohibits importing or exporting a substance listed in Schedules I to VI; section 6(2) prohibits possession for the purpose of exporting. The maximum penalty under section 6(3) depends on the schedule, with Schedule I substances carrying the highest — life imprisonment.

Are there mandatory minimum sentences for drug importing?

Yes. For importing or exporting a Schedule I substance, the CDSA sets a mandatory minimum of one year where certain aggravating features are present, and two years where the amount exceeds one kilogram. Aggravating features include committing the offence in association with a criminal organization, using or threatening violence, or using a weapon. Recent Charter challenges have struck down some CDSA minimums as cruel and unusual under section 12, and the law continues to develop. Whether a minimum applies — and whether it survives Charter scrutiny — is itself worth raising.

What Charter issues commonly arise in drug importing cases?

Because most importing cases begin with a CBSA examination at a port of entry, Charter issues centre on the border search. Travellers have a reduced expectation of privacy at the border, but it is not zero — more intrusive searches (strip searches, body-cavity searches, prolonged detentions) require stronger justification. Common issues include section 8 (unreasonable search and seizure), section 9 (arbitrary detention, including when a customs examination becomes a Charter detention), and section 10(b) (right to counsel). Continuity from the border to the lab and the reliability of statements made before counsel are also routinely contested.

Will I get bail on a drug importing charge?

Drug importing is indictable and triggers a reverse-onus bail hearing under section 515(6) of the Criminal Code. The accused must show why release is justified. For Schedule I substances and higher-quantity cases, the Crown frequently seeks detention, and ties to a foreign country often feature in the flight-risk argument. A carefully prepared release plan — sureties, surrender of travel documents, and tailored conditions — often makes the difference between awaiting trial at home and in custody.

Related Charges

Drug importing charges often arrive alongside other offences. See our pages on drug charges and possession, drug trafficking, and weapons possession, which are commonly charged together.

Speak with a Drug Importing Lawyer in Toronto

Call Daniel Brown Law at (416) 297-7200 for a confidential consultation across the GTA and Ontario.

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