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Drug Trafficking Lawyer Toronto | Daniel Brown Law

Drug Trafficking Lawyer Toronto

drug trafficking

It is a crime in Canada to traffic in a drug prohibited by the (CDSA) . Illegal Drugs prohibited by the CDSA include cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB and a slew of other narcotics.

If you or someone you know if facing an allegation of drug trafficking, it is important to consult with a lawyer right away to discuss possible defences to the charge. For more information on drug trafficking, Daniel Brown can be contacted at (416) 297-7200. Otherwise, feel free to read the following frequently asked questions about drug trafficking charges in Canada. For information about other drug offences, read my articles on drug possession charges, drug importing or marijuana grow-operations.

Awards & Recognition

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

Why Choose Daniel Brown Law for Your Drug Trafficking Case

Drug trafficking prosecutions are document-heavy, often built on wiretap intercepts, surveillance, and search warrants — and the disclosure can run into thousands of pages. The lawyer hired in the first 48 hours often shapes the entire case: the bail position, the order in which Charter motions are framed, and whether the Crown elects to proceed by indictment.

A boutique focused on criminal defence. Daniel Brown Law represents people charged with crimes — that is all the firm does. Our lawyers have defended drug trafficking cases at every level of court in Ontario, from first-appearance bail hearings, to contested trials involving wiretap and search warrant challenges, to appeals at the Court of Appeal for Ontario.

Depth of senior bench. Trafficking 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 run multi-accused drug trials, argued sentencing appeals, and obtained bail in cases the Crown opposed.

Bail-stage urgency. Most indictable drug trafficking charges trigger a reverse-onus bail hearing under section 515(6) of the Criminal Code, which means the accused — not the Crown — has to satisfy the court that detention is not justified. Higher-quantity and Schedule I cases are routinely met with detention orders unless the release plan is well-prepared. We build bail materials with the same care most firms reserve for trial — identifying sureties, addressing the Crown’s concerns, and, where appropriate, incorporating treatment or counselling into the plan.

Trial and appellate capability under one roof. Drug trafficking trials turn on the integrity of the police investigation. Our lawyers run Charter challenges to wiretap authorizations and search warrants, motions to exclude evidence under section 8 of the Charter, and arguments on continuity, drug analysis, and expert evidence. Because the firm handles both trial and appeal work, the trial record is built with appellate review in mind — a meaningful advantage when sentencing or conviction is later challenged.

Across the GTA and Ontario. We appear regularly in Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie courthouses, and travel to other Ontario courts as a case requires.

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

Frequently asked questions about trafficking drugs:

What does “trafficking” mean?

A person is deemed to have trafficked a drug is they sell, administer, give, transfer, transport, send or deliver the substance to another. This means that even an act of passing a marijuana joint to another person or buying drugs for a friend and delivering it to them can both be considered trafficking under Canadian law.

What is the difference between drug possession and drug trafficking?

Possession is having a controlled substance for personal use. Trafficking is the transfer, sale, or distribution of that substance to someone else — or an offer to do so. The line between the two is often quantity, packaging, and the surrounding circumstances. Police and Crown frequently lay the related charge of possession for the purpose of trafficking when the amount, scoresheets, scales, packaging, or cash on hand suggest the drugs were not for personal use.

Can a person be convicted of trafficking drugs if all they do is offer to traffic drugs without actually completing the transaction?

Offers to traffic drugs are considered the same as actually trafficking the drug. Even if the person making the offer had no realistic possibility to obtain the drugs at all he would still be guilty of drug trafficking. For example, a charge of trafficking is made out if the accused offers to sell drugs to an undercover officer, even though in fact the accused’s intention was not to sell, or deliver, drugs, but to cheat the buyer by ripping him off.

Can someone be found guilty of trafficking, if they sell an item disguised to look like drugs- but isn’t actually illegal?

Selling something like baby powder but calling it cocaine can meet the definition of trafficking by making an offer to traffic. The prosecutor need not prove that the substance was in fact a drug or a narcotic, as long as it is proven that the accused held out or represented the substance as a drug or a narcotic.

What does the Crown have to prove?

To convict on a trafficking charge, the Crown must prove beyond a reasonable doubt that the accused engaged in one of the trafficking acts (sell, give, transfer, transport, send, deliver, or offer), that the substance was a drug controlled by the CDSA, that the accused knew the substance was a controlled drug or was reckless or wilfully blind as to its nature, and the identity of the accused. For an offer-to-traffic case, the Crown does not have to prove the accused had any actual ability to deliver — the offer itself is enough.

What about possession for the purpose of trafficking?

Possession for the purpose of trafficking is a separate offence under section 5(2) of the CDSA. The Crown has to prove possession of the substance and an intent to traffic — usually inferred from the quantity, the way the drugs were packaged, the presence of cash, scales, debt lists, or multiple cell phones. The defence often centres on whether the inference of an intent to traffic can be drawn beyond a reasonable doubt, or whether the evidence is just as consistent with personal use.

How does being charged with drug trafficking affect a person’s chances at obtaining bail?

Normally, the prosecutor has the burden of proving why a person accused of a criminal offence should be detained in custody pending their trial. This is not the case with drug trafficking charges. Serious drug offences such as trafficking shift the burden onto the accused to prove why he should be released. This “reverse onus” placed on an accused person at a bail hearing makes it more difficult for a person facing serious drug charges to obtain bail. For more on the bail process in general, read my articles on “obtaining bail” or “changing my bail conditions”.

What types of penalties can someone face for trafficking drugs?

The punishments for drug trafficking can be severe Drug trafficking is one of the few criminal offenses that carry a maximum penalty of life in prison.

In determining the type of sentence to be given, a judge will examine the number of times a person trafficked drugs, the type of drug sold, the quantity of drug sold and the person’s prior history with the police among other factors.

Are there mandatory minimum sentences for trafficking a narcotic?

For certain drug trafficking scenarios, new mandatory minimum sentences apply. Trafficking drugs involving any of the following aggravating features will carry a minimum one-year jail sentence:

  • for the benefit of organized crime;
  • involving use or threat of violence;
  • involved use or threat of use of weapons;
  • by someone who was previously convicted of a designated drug offence or had served a term of imprisonment for a designated substance offence in the previous 10 years; and,
  • through the abuse of authority or position

For drug trafficking involving any of the following factors, a minimum two-year jail sentence will be imposed:

  • in a prison;
  • in or near a school, in or near an area normally frequented by youth or in the presence of youth;
  • in concert with a youth (person under 18)
  • in relation to a youth (e.g. selling to a youth)

Follow this link for a more detailed review of the mandatory minimum sentencing regime for drug offences.

Besides a criminal conviction and jail sanctions, there are other potential consequences of a conviction for trafficking narcotics. A person convicted will have a criminal record, which can make getting a job or professional license more difficult. There may also be restrictions on a person’s ability to travel in and out of the country or prohibitions on relocating to other countries such as the United States. For non-residents, there are also potential immigration consequences including the possibility of deportation for a serious drug conviction.

Every case of drug trafficking is different. It is important to speak to an experienced drug lawyer as soon as possible. Daniel Brown can be reached for a consultation at (416) 297-7200.

What defences are available to a drug trafficking charge?

Common defences include Charter challenges to the police investigation — particularly the validity of search warrants, wiretap authorizations, and the manner of search under section 8; lack of knowledge of the substance or mistake about what the substance was; no transfer and no agreement to transfer (the conduct fell short of the offence); identity (the Crown cannot prove the accused was the trafficker); and, in narrow circumstances, entrapment by police during an undercover investigation. Continuity and the reliability of the drug analysis can also be live issues.

Speak with a Drug Trafficking Lawyer in Toronto

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

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