Smuggling drugs across the border is a significant crime and can result in serious charges. When one smuggles drugs across the border, they are subject to the laws of the country they are entering. Thus, when one smuggles drugs across the Canadian border, they are subject to Canadian laws, meaning they can be charged under the Controlled Drugs and Substances Act.
Not all consequences in Canadian law for smuggling drugs are the same. This is because there are different schedules of drugs. These schedules are similar to the concept of levels. Meaning, schedule I drugs are typically the most dangerous and thus, typically carry a heavier penalty when smuggled across the border. This can be compared to schedule IV drugs which is the lowest level and has the lightest penalty.
Schedule I and II Consequences
Some Schedule I and II drugs include:
- Opium
- Cocaine
- Fentanyl
This schedule of drugs has a heavier penalty because these drugs are considered to be “hard” drugs meaning they are more dangerous to people and the public. This is especially true for fentanyl due to the recent high death rate associated with the it. If one is found guilty of smuggling a schedule I or II drug across the Canadian border, they can be sentenced to a maximum of life imprisonment.
Schedule III and V Consequences:
Some Schedule III and V drugs include:
- LDS
- DET
The charge under this schedule is a hybrid offence meaning the crown gets to choose whether to proceed by way of indictment or by way of summary. If the Crown proceeds by way of summary, the maximum punishment is 18 months imprisonment. However, if the charge is proceeded by way of indictment, the maximum penalty is 10 years imprisonment.
Schedule IV Consequences
Some Schedule IV drugs include:
- Anabolic steroids
- Benzodiazepines
This schedule of drugs also is a hybrid offence. If the crown proceeds by way of summary, the maximum punishment is one year. However, if the Crown proceeds by way of indictment, the maximum punishment is 3 years imprisonment.
In addition to these consequences, it is also important to note that drug smuggling charges can cause one to be inadmissible to Canada in the future. If you have any charges relating to smuggling drugs across the Canadian border contact our office today at (905) 541-2228 or fill out a form to schedule a consultation.
