Drug Importing Lawyer Toronto

The term importing does not have a legal definition in the Controlled Drugs and Substances Act beyond its ordinary meaning. Importing drugs means to bring in drugs, or to cause them to be brought in, from anywhere outside Canada to anywhere inside Canada. The Supreme Court of Canada has held that the offence is complete the moment the goods enter the country and does not continue until they reach their intended destination.

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 and Schedule II substances carrying the highest: life imprisonment.

Yes. Causing the drugs to be brought in, by ordering a shipment, arranging a courier, or directing someone else to carry them, is enough.

Four things: that a substance crossed into Canada, that the accused brought it in or caused it to be brought in, that they knew it was an illegal drug, and what the substance was, which is proved through a certificate of analysis.

No. 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. What the substance actually was still matters, because it sets the maximum sentence.

Usually, yes. Because importing is complete when the goods enter Canada, a seizure at the airport, the mail centre or the port does not undo the offence. In a controlled delivery, where officers substitute the contents of a package and watch who accepts it, the live issue is normally knowledge and control of the shipment rather than whether an importation occurred.

It is the same section. Section 6(1) prohibits importing into Canada and exporting from Canada in the same breath, and section 6(2) makes it an offence to possess a substance for the purpose of exporting it. The maximum penalties in section 6(3) are identical either way.

Yes. Conspiracy to import is charged under section 465(1)(c) of the Criminal Code and carries the same punishment as the completed offence. Section 515(6)(d) expressly extends the reverse-onus bail rule to a conspiracy to commit a CDSA offence punishable by life, so a conspiracy count carries the same bail burden as the importing count itself.

Up to life for a Schedule I or II drug, 10 years for Schedule III, V, or VI, and 3 years for Schedule IV. The schedule sets the ceiling; the drug, the quantity, and the person's role drive the actual sentence.

No. Bill C-5 repealed every mandatory minimum in the Controlled Drugs and Substances Act in November 2022, and the 2026 amendments did not bring them back.

It depends on the drug. Benzodiazepines, barbiturates and anabolic steroids are Schedule IV substances, so importing them carries a maximum of three years on indictment or one year on summary conviction. Prescription opioids such as oxycodone are Schedule I, which carries the same life maximum as heroin or cocaine. Bringing a personal prescription across the border is regulated separately and is not in itself the offence in section 6, but quantity, packaging and the absence of a prescription are what turn a customs question into a criminal charge.

Yes. Cannabis was removed from the CDSA in 2018, but section 11 of the Cannabis Act prohibits importing or exporting cannabis unless authorized under that Act, and section 11(2) prohibits possessing cannabis for the purpose of exporting it. An individual faces up to 14 years on indictment, or a fine of up to $5,000 and up to six months on summary conviction. Legal cannabis in Canada does not make it legal to bring cannabis across the border in either direction.

A conditional sentence is possible only where the sentence is under two years. A discharge is not available for Schedule I or II importing, or for cannabis importing, because the maximum is 14 years or life.

Yes. Proceeds of crime are forfeited on conviction, and for an importing charge prosecuted by indictment the offender can be required to show that identified property is not proceeds of crime.

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 such as strip searches, body-cavity searches and 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.

More than most people expect, but not everything. Section 99(1)(a) of the Customs Act lets an officer examine imported goods and open any package without any stated threshold. A search of the person under section 98 requires reasonable grounds to suspect that something is secreted on or about the person, and the traveller can demand to be taken before a senior officer, who must discharge them if there are no reasonable grounds for the search.

Customs officers can examine goods without grounds, but whether that power reaches a phone or laptop is still being litigated, and a device search with no objective basis is open to a Charter challenge.

Routine questioning, a baggage check, and a pat-down are not a detention. A traveller taken into a search room for a strip search is detained and must be told of the right to a lawyer. Where the line falls in between is a question of fact.

Importing a Schedule I or II substance is punishable by life, so section 515(6)(d) of the Criminal Code puts the onus on the accused: you must show why your detention is not justified, and since the 2026 bail amendments that means clearly demonstrating that your release plan addresses the risks. 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, with sureties, surrender of travel documents, and tailored conditions, often makes the difference between awaiting trial at home and in custody. If the justice does order release in a reverse-onus case, reasons must be given.

The lawyer hired in the first 48 hours often shapes the bail position and the Charter strategy, because the release plan and the account of what happened at the border are both built from what is available at the start. Daniel Brown Law can be reached at (416) 297-7200.

It can. A drug importing charge is a serious criminal offence, and a conviction can have consequences for permanent residents and foreign nationals that are independent of the sentence imposed. Those consequences have to be identified before any plea is entered, because the way a case resolves can change them.