Drug Trafficking Laws in Canada

Sentencing for drug trafficking offences under the Controlled Drugs and Substances Act (CDSA) is complex and is intended to address both denunciation (condemnation) and deterrence (prevention). As such, sentences for drug traffickers are generally custodial (involving imprisonment) in nature. However, there is still a wide range of possible sentences for drug trafficking, which can range from a fine to a severe prison sentence. The specific sentence an offender will receive depends on various factors, including the type and quantity of the drug trafficked, the circumstances of the offence, and the offender's personal history.

There are no fixed "sentencing grids" in Canada like there are in the United States, and each offender is treated as a unique individual by the sentencing judge, who has full discretion to impose a sentence as deemed appropriate based on the above-mentioned factors.

Kind of Drug

Harder drugs attract lengthier jail sentences, and the Schedule informs the seriousness of the drug it falls into. By way of illustration, Schedule I drugs are the most serious and would include cocaine and heroin. Trafficking in Schedule I drugs will generally attract lengthy periods of incarceration. Whereas Schedule IV drugs are deemed less serious and would consist of most kinds of barbiturates. Although a jail sentence is certainly possible under Schedule IV drugs, a fine is standard in most cases. In addition, there may be sentencing variations within a set Schedule. For example, both heroin and cocaine are Schedule I drugs. However, heroin attracts higher and more severe sentences than cocaine.

The Quantity of Drugs

The amount of drugs involved in a trafficking case can impact the sentence handed down by a judge. Generally, larger quantities of drugs will result in more severe penalties. Both the type and quantity of the drug are considered when determining the appropriate sentence.

Circumstances of the Trafficking

The circumstances of the drug trafficking will be taken into consideration when determining the sentence. Factors that may be considered include the scale and scope of the operation, whether it was a large-scale professional operation or a small-scale personal transaction, and the level of planning and organization involved. The more serious the circumstances, the more severe the sentence is likely to be.

The Background of the Offender

The personal history and circumstances of the offender will be taken into consideration by the sentencing judge in determining the appropriate sentence for a drug trafficking offence. This may include the age of the offender, any prior criminal record, any previous drug offences, family and community ties, and the likelihood of rehabilitation. These factors can help the judge ensure that the sentence reflects the offender's individual situation and promotes fairness in the legal system.