As of November 2022 , Canada has no mandatory minimum sentences for serious drug offences under the Controlled Drugs and Substances Act (CDSA). Bill C-5 repealed every CDSA mandatory minimum that the 2012 Safe Streets and Communities Act had added. Judges now impose any sentence up to the statutory maximum , guided by aggravating factors in section 10 of the Act and the general sentencing principles in the Criminal Code.
That does not mean serious drug convictions are lenient. Trafficking in Schedule I substances such as cocaine, fentanyl, or methamphetamine still carries a maximum of life imprisonment . Large-scale cases routinely attract penitentiary terms measured in years or decades — but those outcomes reflect judicial discretion and the facts of the case, not a fixed statutory floor.
"Drug trafficking in Canada is one of only a few criminal offences that carry a possible life sentence upon conviction," says defence drug lawyer Robbie Tsang , managing partner at Mass Tsang LLP.
Last year, 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 in connection with the seizure of $40 million in street-valued drugs in late 2022, faces a maximum possible sentence of life imprisonment. Crown prosecutors recommended 18 years; the defence argued for 10 to 12. That range illustrates how courts exercise discretion today — not because a statute compels a one- or two-year floor.
"If Popovich receives a 10- to 12-year sentence, he will still face a very serious penitentiary term," 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 accept the defence recommendation, impose something higher, or be more lenient — but no mandatory minimum now forces a fixed prison term. The sentence will turn on the offence, the offender, and the aggravating and mitigating factors before the judge."
With extensive experience defending GTA clients against serious drug-related charges, Mass Tsang's drug defence lawyers advise that a conviction for trafficking, production, or importing/exporting can still carry life-changing penalties even without a statutory minimum. If you have been charged, understanding how sentencing actually works — and what a strong defence can achieve — is essential. For the charge-and-court-process angle, see charged with drug trafficking in Canada — now what?
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 to Schedule II drugs such as cannabis derivatives and synthetic cannabinoids, include:
The CDSA sets out the maximum punishment for each offence by schedule. Schedule I and II trafficking and related serious offences are indictable only . For Schedule I or II substances, the maximum is life imprisonment ( s. 5(3)(a) ). Schedule III offences are hybrid (indictable maximum 10 years; summary maximum 18 months). Schedule IV indictable offences carry a maximum of three years.
Section 10(1) states that the purpose of any CDSA sentence is to contribute to respect for the law, maintain a just and safe society, encourage rehabilitation and treatment where appropriate, and acknowledge harm to victims and the community.
When a person is convicted of a designated substance offence , the sentencing judge must consider relevant aggravating factors, including whether the offender:
If aggravating factors exist but the judge does not impose imprisonment, s. 10(3) requires the court to give reasons for that decision. These factors do not create mandatory minimums — they guide the court toward a fit sentence within the maximum.
Other aggravating circumstances courts often weigh include organized-crime connections, large quantities, commercial-scale operation, and prior related convictions — even where not listed verbatim in s. 10(2).
Mandatory minimum penalties (MMPs) for serious drug crimes were introduced by the 2012 Safe Streets and Communities Act , which amended the CDSA to impose fixed prison terms — commonly one or two years with certain aggravating factors, and up to three years for some production offences involving health-and-safety risks.
Several of those MMPs were later held unconstitutional . In R. v. Nur , 2015 SCC 15, the Supreme Court of Canada struck down the one-year mandatory minimum for trafficking in a Schedule I substance where the Crown proceeded by indictment. In R. v. Lloyd , 2016 SCC 13, the Court struck down the one-year mandatory minimum for possession for the purpose of trafficking in similar circumstances. Both decisions rested on section 12 of the Charter — the right not to be subjected to cruel and unusual punishment — because the mandatory floors could produce grossly disproportionate sentences in reasonably foreseeable cases.
Bill C-5 received Royal Assent on 17 November 2022 and repealed all remaining CDSA mandatory minimum penalties , including those for trafficking, production, and import/export offences. Section 8 of the CDSA (the former mandatory-minimum provision) and related subsections were removed. Judges regained full discretion to craft proportionate sentences within the statutory maximums.
Readers searching older articles or court summaries may still encounter the former one- to three-year MMP tables. Those provisions no longer apply to new sentences.
The former MMP scheme tied higher mandatory floors to specific aggravating categories (often called List A, List B, and health-and-safety factors). Although the mandatory floors are gone, the underlying conduct still aggravates sentencing under s. 10(2) and at common law:
| Former category | Examples | Effect today |
|---|---|---|
| Organized crime / violence / weapons / prior drug conviction | Criminal organization nexus; use or threat of violence or weapons; previous serious drug conviction | Aggravating — supports a higher end of the discretionary range |
| Youth / schools / prison | Offence in or near schools or youth-frequented places; involving a minor; committed in prison | Aggravating under s. 10(2)(a)(iii)–(iv), (c) |
| Health and safety (production) | Production endangering children or public safety; booby traps; using another's property | Aggravating at sentencing; formerly triggered 3-year MMP for some production offences |
Prosecutors no longer need to "seek an MMP" before plea — because none exist. They still prove aggravating facts when asking for a heavier sentence.
| Offence | Schedule | Maximum sentence (indictable) |
|---|---|---|
| Trafficking / possession for trafficking | I or II | Life imprisonment |
| Production | I or II | Life imprisonment |
| Importing / exporting | I or II | Life imprisonment |
| Trafficking / possession for trafficking | III | 10 years (indictable) |
| Trafficking / possession for trafficking | IV | 3 years (indictable) |
There is no statutory minimum for these offences after Bill C-5. Actual sentences depend on quantity, role in the operation, criminal record, mitigating factors (addiction, guilty plea, remorse), and the aggravating factors above. Conditional sentences may be available for some offences where the court imposes a term of less than two years, subject to Criminal Code restrictions — but large-scale trafficking cases typically attract substantial penitentiary terms.
If Ontario police charge you with a serious drug offence, consult an experienced criminal defence lawyer immediately. A skilled drug defence lawyer can challenge searches and seizures under the Charter, negotiate with the Crown, and present sentencing submissions that reflect the post-Bill C-5 sentencing landscape — where judicial discretion, not a fixed floor, determines the outcome.
Mass Tsang has successfully defended clients against drug charges across the GTA. Contact us today for a free consultation.
No. Bill C-5 (2022) repealed all CDSA mandatory minimum penalties. Courts impose any fit sentence up to the statutory maximum.
For Schedule I or II substances, the maximum is life imprisonment under s. 5(3)(a) of the CDSA.
They were introduced by the Safe Streets and Communities Act , partially struck down in Nur and Lloyd , and fully repealed by Bill C-5 in November 2022.
Yes. Section 10(2) requires judges to consider aggravating factors such as weapons, violence, youth involvement, and prior convictions when sentencing designated substance offences.
Yes. Life imprisonment remains the maximum for serious Schedule I and II offences including trafficking, production, and importing/exporting.
