Possession for the purpose of trafficking is one of the most serious drug-related offences under Canadian law. It carries severe consequences, including potential jail time and a lifelong criminal record, making it essential to understand the nature of the charges and how to defend against them.
What is Possession for the Purpose of Trafficking?
Under the Controlled Drugs and Substances Act (CDSA), possession for the purpose of trafficking occurs when someone has illegal drugs or controlled substances in their possession and intends to distribute, sell, or transfer them to others. It is distinct from simple possession, where the intent is solely personal use.
Trafficking doesn’t require the exchange of money—providing drugs to others or having them for distribution qualifies as trafficking. Evidence of trafficking can include:
- Large quantities of drugs.
- Drug packaging materials.
- Scales or measuring tools.
- Lists of clients or debt records.
- Large amounts of cash.
The type and quantity of the controlled substance play a critical role in how charges are laid and prosecuted. Common drugs involved in these cases include cocaine, methamphetamine, fentanyl, cannabis (in cases exceeding legal amounts), and prescription medications like opioids.
Penalties for Possession for the Purpose of Trafficking
The penalties for possession for the purpose of trafficking depend on factors such as the substance involved, the amount, and whether the Crown elects to proceed by summary conviction or indictment. The CDSA categorizes drugs into schedules, with Schedule I drugs (e.g., cocaine, fentanyl) carrying the harshest penalties.
For serious cases, penalties can include:
- Imprisonment: Convictions often result in lengthy prison sentences, particularly for Schedule I or II drugs.
- Fines: Significant financial penalties may be imposed.
- Asset Forfeiture: Cash or property believed to be linked to drug trafficking can be seized by law enforcement.
- Criminal Record: A conviction results in a permanent criminal record, which can impact employment, travel, and housing.
The presence of aggravating factors, such as trafficking near schools, involving minors, or being linked to organized crime, can increase the severity of penalties.
Defending Against Possession for the Purpose of Trafficking Charges
Defending against these charges requires a thorough review of the evidence and the circumstances of the case. Possible defences include:
- Lack of Knowledge: Arguing that you were unaware of the drugs in your possession.
- Unlawful Search and Seizure: Challenging the legality of how the drugs were discovered. If law enforcement violated your rights under the Canadian Charter of Rights and Freedoms, the evidence may be excluded.
- Insufficient Evidence of Intent: Demonstrating that the Crown has not proven the intent to traffic.
- Challenging the Evidence: Disputing the authenticity or reliability of the evidence, such as lab results or witness testimony.
Early intervention by a skilled lawyer is critical to ensure a strong defence and explore options like diversion programs or alternative sentencing.
How Nychuk & Company Can Help
At Nychuk & Company, we understand that a charge for possession for the purpose of trafficking can be overwhelming and life-altering. Our experienced criminal defence lawyers are here to provide you with the best possible defence. We will:
- Review the evidence to identify weaknesses in the Crown’s case.
- Challenge any violations of your Charter rights, including illegal searches or arrests.
- Negotiate with the Crown Prosecutor to reduce or withdraw charges where possible.
- Represent you aggressively in court to protect your rights and freedom.
We recognize the high stakes involved in these cases and will work tirelessly to ensure the best outcome for you.
Contact Us Today
If you’ve been charged with possession for the purpose of trafficking in Saskatchewan, don’t wait to get legal help. Nychuk & Company has over 30 years of experience defending clients in Regina and across Southern Saskatchewan. We’re here to provide the skilled, knowledgeable, and compassionate legal representation you need during this difficult time.
Contact us online or call 306-359-0202 to schedule a consultation. Whether in-person or virtual, we’re ready to help you navigate your case and protect your future.