“ Drug trafficking in Canada is one of only a few criminal offences that carry a possible life sentence upon conviction,” says Robbie Tsang , managing partner at Mass Tsang LLP.
Last month, a Toronto court held a sentencing hearing for a man who pleaded guilty to drug trafficking charges stemming from the largest single-day drug seizure in the city’s history. Terry Popovich, one of seven Toronto-area people arrested for multiple charges connected to the seizure of $40 million in street-valued drugs in late 2022, faces a maximum possible sentence of life imprisonment. During the hearing, Crown prosecutors recommended an 18-year prison sentence due to the “staggering and significant volume of drugs that were seized.” Popovich’s defence lawyer responded that a 10- to 12-year sentence would be more appropriate.
“If Popovich squeaks out of court with a 10- to 12-year sentence, he will have dodged a proverbial bullet,” says criminal defence drug lawyer Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang law firm. “Drug trafficking in Canada is one of only a few criminal offences that carry a possible life sentence upon conviction.”
“That said,” continues Robbie’s co-managing partner, Jeff Mass ,” Canadian courts have significant leeway in sentencing those convicted of drug offences. Popovich’s court could easily accept the defence lawyer’s recommendation or be even more lenient. However, most serious drug offences carry mandatory minimum sentences that judges must impose upon conviction. Thus, Popovich faces a minimum one- to two-year prison sentence no matter what, with the length dependent on aggravating factors.”
With extensive experience successfully defending GTA clients against serious drug-related charges, Mass Tsang’s drug defence lawyers will advise you that you do not want to be arrested for a significant drug offence. If Toronto Police do arrest you for a major drug offence — like trafficking, production, or importing/exporting — you should hire the best defence lawyer you can find to limit the likelihood of conviction and significant penalties that come with one. Let’s look at minimum sentences for drug offences in Canada and examine other factors that can influence how courts determine appropriate punishment in drug cases.
Under Canadian law, serious drug offences are regulated by the Controlled Drugs and Substances Act (CDSA). Serious offences, which primarily apply to Schedule I drugs like opioids, cocaine, and methamphetamines, and large quantities of Schedule II drugs like cannabis, include:
The CDSA describes each offence in relation to the scheduled drugs involved, and then details the maximum punishment. While drug crimes involving Schedule III-IV can be charged as an indictable offence with more severe penalties, or summary conviction offences with more lenient maximum punishment, the serious offences involving Schedule I and II drugs are only charged under indictment.
The Act also includes a chapter designed to guide judges in punishing those convicted of drug offences. It notes that the purpose of sentencing is to:
This chapter goes on to list aggravating factors judges should consider in their sentencing decisions. If a judge fails to sentence an offender to prison despite the existence of one or more aggravating factors, they must provide a reason in the context of their ruling.
Aggravating factors that increase the likelihood of harsher sentencing in serious drug crime offences include:
| Offence Type | Schedule | Base Minimum Sentence | With Aggravating Factors |
|---|---|---|---|
| Production | Schedule I | 2 years | 3 years (Health & Safety Factors) |
| Schedule II | 6 months (6–200 plants) | 9 months | |
| 1 year (201–500 plants) | 18 months | ||
| 2 years (500+ plants) | 3 years | ||
| 1 year (non-marijuana) | 18 months | ||
| Trafficking | I & II | 1 year (List A Factors) | 2 years (List B Factors) |
| Possession for the Purpose of Trafficking | I & II | 1 year (List A Factors) | 2 years (List B Factors) |
| Importing/Exporting | Schedule I | 1 year | 2 years (if >1 kg) |
| Schedule II | 1 year | — | |
| Possession for the Purpose of Exporting | Schedule I | 1 year | 2 years (if >1 kg) |
| Schedule II | 1 year | — |
Mandatory minimum penalties (MMPs) for serious drug crimes were established by the 2012 Safe Streets and Communities Act , a CDSA amendment to add such punishment for “particular drug offences in certain circumstances.” The “particular drug offences” include the serious ones we’ve already mentioned. The referenced “certain circumstances” refers to specific drug offences and/or aggravating factors needed to trigger the Crown’s pursuit of MMPs in sentencing. Importing/exporting, possession for the purpose of exporting, and production of drugs are subject to MMPs even in the absence of aggravating factors.
Noteably, prosecutors must inform the court of their intention to seek an MMP and prove any supporting aggravating factors before an alleged offender enters a plea.
| Factor Category | Aggravating Circumstances | Minimum Sentence |
|---|---|---|
| List A | Link to organized crime; Use/threat of violence or weapons; Prior drug offence; Abuse of authority/access | 1 year imprisonment |
| List B | Crime occurred near youth/schools; Used minor in offence; Conducted in prison | 2 years imprisonment |
| Health & Safety | Used another’s property; Danger to children or public; Setting traps | 3 years imprisonment |
List A Aggravating Factors that can be used to invoke mandatory one-year imprisonment include:
List B Aggravating Factors that can be used to invoke a mandatory two-year prison sentence include:
Health and Safety Aggravating Factors that can be used to invoke a mandatory three-year prison term include:
Here are the mandatory minimum penalties for serious drug offences:
Minimum two years imprisonment; three years with health and safety aggravating factors.
Minimum six months imprisonment for six to 200 plants; nine months with health and safety aggravating factors.
Minimum one-year imprisonment for 201-500 plants; 18 months with health and safety aggravating factors.
Minimum two years imprisonment for more than 500 plants; three years with health and safety aggravating factors.
Minimum one-year imprisonment for production of Schedule II drugs other than marijuana; 18 months with health and safety aggravating factors.
One year imprisonment with List A aggravating factors; two years with List B factors.
One year imprisonment with List A aggravating factors; two years with List B factors.
Minimum one-year imprisonment; two years if the drug amounts exceeded one kilogram.
Minimum one-year imprisonment; two years if the drug amounts exceeded one kilogram.
Minimum one-year imprisonment.
If Ontario police charge you with a serious drug offence, consult an experienced criminal defence lawyer. A skilled criminal defence drug lawyer, like those at Mass Tsang, will strive to uncover weaknesses in the Crown’s evidence, negotiate a positive pre-trial, and successfully secure an acquittal at trial. With an outstanding 1,000-plus record of successfully defending clients against drug charges in the GTA, contact us today for a free consultation.
