It is a criminal offence in
Canada to import any type of drug including cocaine, marijuana,
heroin, ecstasy or other drug prohibited by the Controlled Drugs
and Substances Act. In Ontario, most drug importing charges
arise out of crimes alleged to have been committed at Pearson
International Airport in Brampton and prosecuted at the
Brampton Courthouse
located at 7755 Hurontario Drive in Peel Region.
What does it mean to import drugs?
The term “importing" does not have a legal
definition beyond its ordinary meaning. Importing drugs means to
bring in drugs (or causing them to be brought) from anywhere outside
Canada to anywhere inside Canada.
Can a person be
convicted of importing drugs if they didn’t personally bring the
drugs into Canada?
An accused person may be convicted of importing
drugs even in the absence of evidence that he or she personally
carried the drugs or was present at the point of entry.
Proof that the accused caused the drugs to be
brought into the country will be sufficient to ground an importing
conviction.
What must the crown attorney prove to
establish that an accused imported drugs into Canada?
In addition to establishing that the
accused person brought drugs into Canada or caused drugs to be
brought into Canada, the crown must also establish that the accused
had knowledge that the substance brought into the country was a
controlled drug or substance.
If an accused person unknowingly brought drugs
into Canada, they are not guilty of the offence of importing, as
they would not possess the requisite knowledge sufficient to ground
a conviction for the offence.
Is it a defence if the accused thought
they were importing a different illegal drug into Canada?
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.
Defences to importing
drugs: Necessity, Duress, and Entrapment
Necessity:
In some rare circumstances, it may be possible to
argue that the act of importing was done out of legal necessity.
For the defence of necessity to be successful it
must be shown that:
1) there is an urgent situation of imminent
peril;
2) there must be no reasonable legal alternative
to disobeying the law; and
3) there must be proportionality between the harm
inflicted and the harm avoided.
In some cases it has been argued that the accused
was not guilty of importing using the defence of necessity, due to
external conditions which "forced" him to bring drugs into Canada
such as bad weather or mechanical failure of the airplane or ship
used to bring the narcotics elsewhere.
Duress:
Another potential defence to importing drugs is
the defence of duress. Duress arises when a person commits a
criminal offence under compulsion by threats of immediate death or
bodily harm. In such circumstances the person may be excused for
committing the offence if they believe that the threat of death or
bodily harm will be carried out.
Entrapment:
In some instances, an accused may be
excused for importing drugs into Canada if it can be shown that the
police have entrapped an accused, by instigation and ensnarement him
or her into committing the offence of importing. Here it must be
shown that the offence was manufactured by the police, and would not
have been committed if the police had not presented the scheme to
the accused and then put pressure on him to take the bait.
Additionally, it may also be argued that the
conduct of the police was so outrageous or unfair as to amount to an
abuse of process which should result in the charge of importing to
be thrown out of court.
Penalties for drug importing
Depending on the type of drug being imported, the
maximum penalty for importing a drug banned under the Controlled
Drugs and Substances Act can range from 10 years to life in prison.
Most penalties for drug importation are based primarily on the
type of drug being imported. The importation of “hard drugs” such as
heroin or cocaine will demand higher sentences than “softer drugs”
such as hashish or marijuana.
Furthermore, the weight and quantity of the drug
also plays a significant factor in sentencing.
Further offences for
persons charged with importing drugs:
A person charged with importing cocaine or
importing heroin may also be charged with being in possession of
those drugs for the purpose of trafficking them. Click on the
following topic to read more about the specific offence of
possession for the purpose of trafficking drugs .
Every allegation of drug importing is fact
specific. Given the fact that most people charged with importing
drugs face the potential of spending years in jail, if you or
someone you know has been charged with drug importing, you should
immediately contact a criminal lawyer for advice. I can be reached
at 416.297.7200 for a free consultation.
DRUG IMPORTING INTO CANADA: Cocaine, heroin, marijuana, ecstasy and other
illegal drugs