Importing and exporting controlled substances without authorization is a serious offence with severe penalties.
Importing and Exporting Scheduled Substances: Criminal Code Definition
Importing and exporting scheduled substances are defined under Section 6 of the Controlled Drugs and Substances Act.
6 (1) Except as authorized under the regulations, no person shall import into Canada or export from Canada a substance included in Schedule I, II, III, IV, V or VI.
Elements of Importing and Exporting Scheduled Substances
To prove importing/exporting controlled substances, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused imported or exported a controlled substance.
- That the substance is a controlled drug under the Act.
Potential Penalties for Importing and Exporting Scheduled Substances
Penalties for importing and exporting drugs can be severe:
- Summary Conviction: Up to 18 months in jail for Schedule III, V, and VI substances; up to 1 year for Schedule IV substances.
- Indictable Offence: Up to life imprisonment for Schedule I and II substances; up to 10 years for Schedule III, V, and VI substances; up to 3 years for Schedule IV substances.
Defences Available for Importing and Exporting Scheduled Substances
Possible defences against importing and exporting scheduled substances charges include:
- Lack of Knowledge: Arguing that you were unaware of the presence of the substance.
- Mistaken Identity: Proving that you were not involved in the import/export activity.
- Entrapment: Showing that you were coerced or induced by law enforcement to commit the offence.
- Duress: Demonstrating that you were forced to commit the offence under threat of harm.
- Charter Violations: Arguing that your rights were violated during the investigation or arrest.
Speak to a Criminal Lawyer Today
Facing importing or exporting scheduled substances charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can provide essential legal guidance, challenge the evidence, and build a strong defence to protect your rights and strive for the best possible outcome in your case. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a criminal lawyer today.
