The lawyers at Stern Shapray have extensive experience representing clients charged with Importing/Exporting Drugs and Possession for the Purpose of Exporting Drugs under the Controlled Drugs and Substances Act (CDSA). It is vital that one charged with one of these offences seeks out the legal advice of an experienced criminal lawyer in order to put forth the best possible defence(s) before the Court.

When assessing whether to hire a lawyer when charged, it is important to first be aware of the legal consequences in the event one is found guilty of the offences under the CDSA. The penalties will depend on:

• whether the controlled substance within the charge is included in Schedule I, II, III, IV, V or VI, and
• whether the charge is prosecuted summarily or by indictment.

The table below summarizes the different penalties:

In addition to these sentences, there can be an order for probation and/or fine. That being said, the ultimate sentence received will depend on a number of factors, including the type of controlled substance found on the accused, the quantity of the substance, and any prior criminal record of the accused.

For an accused to be found guilty of Importing/Exporting Drugs or Possession for the Purpose of Exporting Drugs, the Court must be satisfied beyond a reasonable doubt that each of the following requirements has been met:

1. Importing/Exporting Drugs - s. 6(1) of the CDSA
   
   1. The accused imported into or exported from Canada a substance;
   2. The substance was a controlled substance under Schedule I, II, III, IV, V or VI, and
   3. The substance was not authorized under the regulations.
2. Possession for the Purpose of Exporting Drugs - s. 6(2) of the CDSA
   
   1. The accused "possessed" a substance, which has 2 requirements:
      
      1. The accused had control of the substance, i.e., it was either on the accused’s body or on a place that the accused had control of (such as their vehicle or residence), and
      2. The accused knew that the substance was illegal;
   2. The substance is a controlled substance under Schedule I, II, III, IV, V or VI of the CDSA;
   3. The possession of the substance was not authorized under the CDSA regulations; and
   4. The accused possessed the substance for exporting purposes.

There are various ways in which charges of Importing/Exporting Drugs or Possession for the Purpose of Exporting Drugs can be defended, ideally by raising a reasonable doubt toward one or more of the required elements, such as:

• identity of the accused,
• whether the alleged act(s) constituted "importing" or "exporting";
• whether or not the accused had control of the substance,
• whether or not the accused knew they were exporting drugs or if the substance was illegal,
• whether or not the substance was a controlled substance included in the Schedules I to VI, and
• whether the accused, despite having possession of the substance, had the intent to export it.

Additionally, the accused can bring Charter challenges before the Court for exclusion of evidence, if the evidence obtained was a result of a violation of their constitutional rights during the investigation or arrest.

For reference, the offences of Importing/Exporting Drugs and Possession for the Purpose of Exporting Drugs are outlined in the CDSA as follows:

Importing and exporting

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.

Possession for the purpose of exporting

(2) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II, III, IV, V or VI for the purpose of exporting it from Canada.

Punishment

(3) Every person who contravenes subsection (1) or (2)

(a) if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life;

(b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months; and

(c) if the subject matter of the offence is a substance included in Schedule IV,

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding three years, or

(ii) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

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For a complete list of the controlled drugs and substances under each Schedule, please refer to the following links:

• Schedule I
• Schedule II
• Schedule III
• Schedule IV

Are you facing drug importation charges? Are you under investigation? Speak to a Vancouver and Surrey criminal lawyer as soon as possible. We know the system. We get results. Call us immediately. The sooner you contact us, the sooner we can get started. We will defend you against these drug possession charges.

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