When people think of drug trafficking, they often imagine large-scale drug deals or street-level sales involving cash and secrecy. But in Canadian law, the definition of “trafficking” is much broader than most people realize. In fact, under the Controlled Drugs and Substances Act (CDSA), a person can be charged and convicted of drug trafficking even if they never sold anything at all.
The CDSA defines “traffic” to include a wide range of conduct beyond actual sale. It includes selling, administering, giving, transferring, transporting, sending, delivering, or offering to do any of those things. In plain terms, you don’t need to complete a transaction or even have drugs in your possession to be guilty of trafficking. Simply offering to traffic drugs, whether or not the drugs exist, can be enough for a conviction. Canadian courts have confirmed that even an insincere offer to traffic — one that was never intended to be carried out — can still support a trafficking conviction.
Beyond trafficking itself, the law also criminalizes possession for the purpose of trafficking. This offence applies when someone is found with controlled substances and there is evidence suggesting they intended to distribute them. Importantly, the Crown does not need to prove an actual sale or exchange. Instead, intent can be inferred from the circumstances, such as the quantity and packaging of the drugs, the presence of tools like digital scales or score sheets, and even text messages related to distribution. Expert testimony is often used to help the court determine whether the drugs were intended for personal use or for trafficking purposes.
The law is designed this way to capture and penalize conduct at all levels of the drug trade, including individuals who may be acting as couriers, intermediaries, or even those simply in possession of drugs with the intent to share or give them away. This was brought into sharp focus in a recent case involving two founders of the Drug User Liberation Front in Vancouver. In 2024, the pair were charged with drug trafficking after they distributed tested and untainted drugs to users as part of a harm reduction initiative. While their actions were intended to reduce overdose deaths, the authorities still laid charges under the CDSA, underscoring the law’s strict application regardless of motive or lack of commercial intent.
In short, Canadian drug laws cast a wide net. You don’t have to be selling drugs to face trafficking charges — the act of giving drugs away, offering to sell them, or merely possessing them with an intent to distribute is enough to be caught under the law. The focus is not just on the outcome of a transaction, but on the conduct and intent behind it. Understanding the full scope of what constitutes trafficking is essential for anyone navigating the criminal justice system in this area.
If you or someone you care about is facing drug trafficking charges — or if you simply want to better understand your rights — the team at Collett Read LLP is here to help. Our experienced criminal defence lawyers are committed to providing clear, strategic, and compassionate guidance at every stage of the process. Contact us today at (905) 541-2228 or fill out a form to schedule a confidential consultation.
