Being charged with drug trafficking in Canada is one of the most serious criminal allegations a person can face. The consequences can impact every part of your life — your freedom, employment, immigration status, family stability, and your long-term future. Drug trafficking offences carry some of the harshest penalties in the Criminal Code, including mandatory jail in many circumstances and the potential for life imprisonment for specific substances.
If you or someone you love has been charged, the most important thing you can do right now is understand the legal process, your rights, the potential penalties, and the defence strategies that experienced lawyers use to challenge these charges. The earlier you secure legal representation, the better your chances of reducing the consequences — or avoiding a conviction entirely.
This updated evergreen guide explains everything you need to know about drug trafficking charges in Canada, how the Crown prosecutes them, what defences are available, and how skilled criminal defence lawyers at Mass Tsang LLP build strong, evidence-based cases to protect clients.
Under the Controlled Drugs and Substances Act (CDSA), drug trafficking includes any act connected to the distribution of controlled substances, not only selling. This means you can be charged even when your involvement appears minimal or informal. You may face a trafficking charge even if:
Trafficking includes:
This means a person does not need to be caught selling drugs to be charged. Intent, packaging, digital messages, or even how drugs are stored can be used as evidence of trafficking.
As Criminal Defence Partner Brian Brody often explains:
“Many people believe drug trafficking requires a hand-to-hand sale. Legally, it does not. The definition is broad, and the Crown frequently lays trafficking charges even in cases involving sharing or small-scale movement of drugs.”
The CDSA categorizes substances into six Schedules based on risk and medical value. Penalties depend heavily on these categories.
| Schedule | Examples of Substances | Legal Severity |
|---|---|---|
| Schedule I | Cocaine, heroin, fentanyl, meth, opium, most opioids | Most serious – up to life imprisonment |
| Schedule II | Cannabis (pre-legalization) | Now mostly obsolete |
| Schedule III | LSD, psilocybin, mescaline | Up to 10 years imprisonment |
| Schedule IV | Steroids, benzodiazepines | Up to 3 years imprisonment |
| Schedule V & VI | Precursors and certain chemicals | Lesser penalties |
Schedule I and II drugs attract the most severe punishment, including mandatory jail under aggravating circumstances.
To convict someone of trafficking, the Crown must prove:
The burden of proof is beyond a reasonable doubt, the highest standard in Canadian law.
As Managing Partner, Jeff Mass explains:
“Drug trafficking cases are won or lost on evidence analysis. The Crown must prove intent — and intent is often where the defence finds gaps, inconsistencies, or constitutional violations.”
Possession for trafficking” is a charge laid when police believe you intended to sell, distribute, or share drugs — even if no actual trafficking took place. Instead of proving a transaction, the Crown relies on surrounding circumstances that suggest the drugs were meant for distribution rather than personal use. This charge is frequently used when officers find indicators such as:
Because the law treats intent as seriously as actual distribution, the penalties for possession for trafficking often mirror the penalties for full trafficking offences.
Penalties depend on:
| Drug Schedule | Max Penalty (Indictable) | Max Penalty (Summary) |
|---|---|---|
| Schedule I (cocaine, fentanyl, meth, heroin) | Life imprisonment | Not available (always indictable) |
| Schedule II (historical cannabis cases) | Life imprisonment | — |
| Schedule III (hallucinogens) | 10 years | 18 months |
| Schedule IV (benzodiazepines, steroids) | 3 years | 1 year |
Mandatory minimums apply if:
In such situations, minimum jail terms of 1–2 years may apply.
Defence lawyers analyze every detail of the arrest, investigation, search, evidence collection, and Crown disclosure. Strong defences often rely on:
Drugs discovered through:
The Crown must prove intent. Defence strategies may involve showing:
The Crown must prove:
Lab analysis errors or delays may undermine this.
Entrapment occurs when police:
If entrapment is proven, charges can be stayed.
Section 8
– unreasonable search
Section 9
– arbitrary detention
Section 10
(b) – right to counsel
Section 11
– rights at trial
Violation of any may result in the exclusion of evidence.
As Robbie Tsang explains:
“In many cases, the defence doesn’t dispute the existence of drugs. The issue is whether the police obtained the evidence legally. A single Charter breach can collapse the entire Crown’s case.”
Yes — under certain conditions. Charges may be withdrawn if:
A lawyer may also negotiate:
Your actions immediately after the arrest matter. Follow these steps:
Afterwards:
Mass Tsang’s defence lawyers rely on decades of experience in drug investigations, police procedure, disclosure analysis, and Charter litigation. Their strategic approach includes:
This approach has resulted in hundreds of reduced or dismissed drug charges for clients across the GTA.
A drug trafficking charge is frightening — but it is not the end of the story. Many cases result in reduced penalties or complete withdrawal when defended strategically. The key is securing legal representation early, before critical deadlines pass or rights are inadvertently waived.
If you have been charged with drug trafficking, possession for the purpose, or any CDSA offence, the legal team at Mass Tsang LLP is ready to act immediately.
We provide:
Contact Mass Tsang LLP now — the sooner you get legal advice, the stronger your defence will be.
Drug trafficking includes selling, giving, transporting, delivering, or even offering to provide a controlled substance. Sharing drugs socially can also qualify as trafficking.
Yes. Payment is not required for a trafficking charge. Offering, giving, or transporting drugs is enough for the Crown to lay charges.
Trafficking involves distribution. Possession for trafficking means police believe you intended to distribute drugs based on evidence like packaging, scales, cash, or messages.
Penalties depend on the Schedule of the drug and the circumstances. Maximum penalties range from 3 years imprisonment to life in prison for Schedule I substances such as cocaine, fentanyl, or heroin.
Yes. Charges may be withdrawn if there are Charter violations, unlawful searches, weak evidence of intent, problems with substance identification, or if conviction is unlikely.
Do not speak to police, avoid contacting co-accused, preserve all relevant evidence, write down your recollection of events, and contact a criminal defence lawyer immediately.
Police may search without a warrant only in limited circumstances, such as exigent situations. If the search violated Section 8 of the Charter, your lawyer may challenge the evidence and have it excluded.
Yes. Sharing drugs socially or giving someone drugs for free can be legally interpreted as trafficking under the Controlled Drugs and Substances Act.
