The Controlled Drugs and Substances Act (CDSA) is a federal law that regulates drug offences in Canada and applies to all provinces and territories. Individuals can be charged with drug trafficking if they are caught selling or distributing narcotics. Section 5 (1) of the CDA states, "No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance. Section 5 (2) adds, "No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V."
According to Section 2 (1) of the Controlled Drugs and Substances Act (CDSA), drug trafficking refers to the activities involving substances listed in Schedules I to V. Specifically, "traffic" means:
-
(a) to sell, administer, give, transfer, transport, send or deliver the substance,
-
(b) to sell an authorization to obtain the substance, or
-
(c) to offer to do anything mentioned in paragraph (a) or (b), otherwise than under the authority of the regulations.
It is important to note that you do not need to actually sell a narcotic in order to be guilty of drug trafficking. Even sharing a drug with others can lead to criminal liability under this offence.
Penalties for Drug Trafficking
The Controlled Drugs and Substances Act (CDSA) has complicated sentencing guidelines for drug trafficking offences that aim to address both deterrence (prevention) and denunciation (condemnation). As a result, drug traffickers typically receive custodial terms, which entail incarceration.
Nevertheless, drug trafficking still carries a broad range of potential punishments, from a fine to a harsh jail term. The type and amount of the substance trafficked, the circumstances surrounding the offence, and the criminal's past are some of the variables that determine the exact sentence an offender will receive.
In Canada, there are no set "sentencing grids" like in the US; instead, the sentencing judge considers each offender as an individual and has complete authority to impose a term that is appropriate given the previously listed considerations.