Importing and Exporting

  • The Charges You’re Facing
  • Penalties
  • Common Defences

The Charges You’re Facing

Section 6 of the Controlled Drugs and Substances Act concerns not only importing and exporting of a long list of controlled substances, but possession for the purpose of exporting those substances. In the case of marijuana, cocaine, heroin and methamphetamine, they are “straight indictable” offences and the Crown prosecutor does not have the option of electing the less serious “summary conviction” procedure.

Penalties

The maximum penalties for importing, exporting and possession for the purpose of exporting are similar to those for trafficking and possession for the purpose of trafficking. They are life imprisonment for offences involving cocaine, heroin and methamphetamine. In the case of marijuana, a major difference between exporting or possession of marijuana for the purpose of trafficking and simply trafficking or possessing for the purpose of trafficking within Canada is that the maximum sentence is life imprisonment regardless of quantity. In other words, in the case of PPT/Trafficking Marijuana in Canada in a quantity less than 3 kilograms, the maximum penalty is five years. In the case of importing, exporting or possession for the purpose of exporting, the maximum penalty is life, regardless of whether the amount is less than 3 kilograms or not. As with “mere” trafficking and PPT, there are no minimum penalties for any of these offences and in all but the most serious cases, the penalty you’re facing will be substantially less than the statutory maximums. That said, in terms of the judge-made ranges of sentence, importing and exporting will carry significantly higher penalties than will simple trafficking or PPT. If the sentence is over 2 years, a conditional or “house arrest” sentence will not be available. If the sentence is under 2 years, it will be legally available if the offender does not present a danger to the public and the purposes and principles of sentencing can be met by the imposition of a conditional sentence.

Common Defences

The common defences to importing, exporting and possession for the purpose of exporting are similar to those for Drug Trafficking and Possession for the Purpose of Trafficking. Importing and Exporting, however, have an additional, international element which can make the case more cumbersome for the prosecution to prove. Canadian prosecutors and police do not necessarily have access to the entire investigative file and the evidence as they would if the case were localized in Canada. This can present special problems for the prosecution in terms of compelling witnesses and evidence, fulfilling an accused person’s right to disclosure of all possibly relevant evidence and the admissibility of evidence that may have been obtained outside Canada in a manner that offends Canadian standards. Needless to say, these are matters that would need to be thoroughly explored in the course of advancing your defence.

DISCLAIMER
The statement above is not legal advice. It is simply intended to give a very general understanding of this offence and some of the possible issues and defences that might be considered in defending it. For legal advice on the offences of importing and exporting controlled substances, click here.