What is possession for the purpose of trafficking?

What is possession?

Possession of a designated substance can be established where you are personally in possession of the substance, you knowingly have it in the actual possession of another person, or you knowingly have it in any place. In addition, possession can be established for an entire group of people where one person in the group has, with the knowledge and consent of the rest, a designated substance in their custody or possession. 

What is required for possession to qualify as possession for the purpose of trafficking? 

For possession to qualify as possession for the purpose of trafficking, the Crown must prove beyond a reasonable doubt that you had the subjective intent to traffic the designated substance in your possession. To determine intent, the court can consider categories of evidence, including: 

  • Quality 
  • Quantity 
  • Value of the substance 
  • Packaging 
  • Presence of any Paraphernalia 
  • Your Statements 
  • Association with known Drug Traffickers 
  • Unexplained Wealth 

You have been charged with possession for the purpose of trafficking. What can you expect? 

Available sentences 

The sentences available for possession for the purpose of trafficking are the same as those available for trafficking itself. The sentence you receive is highly dependent on what substance you are charged with possessing. If the substance is included in Schedule I or II, you will be charged with an indictable offence with a maximum penalty of life imprisonment. Minimum sentences are also given if found in connection with a criminal organization or another related offence. In addition, there is a minimum punishment of two years imprisonment if you committed the offence with the involvement of a person under the age of 18. 

If the substance is included in Schedule III or V, you will be charged with a hybrid offence. In these cases, you can be charged with a maximum sentence of 10 years imprisonment. If the substance is included in Schedule IV, you will also be charged with a hybrid offence. You can be charged with up to 3 years imprisonment under this offence. 

Criminal record 

If you are charged with possession for the purpose of trafficking, a conviction will result in a criminal record regardless of which schedule the substance falls under. Having a criminal record can seriously impact your life. Some penalties include: 

  • Inability to Travel to Other Countries 
  • Deportation 
  • Citizenship Delay 
  • Firearm Prohibition 
  • Employment Limitations 

If you have a criminal record for possession for the purpose of trafficking, you may be able to apply to have it suspended. If you wish to apply to have your criminal record suspended, you should retain a criminal lawyer to assist with your application. 

What to do if you are charged with possession for the purpose of trafficking

If you have been charged with possession for the purpose of trafficking, you should speak with a lawyer before anything else. If you are arrested, you have the constitutional right to remain silent and should remain silent whether or not you are innocent, as you may accidentally say something that hurts your case. You also have the right to retain and instruct counsel without delay. It is imperative that you exercise this right and contact a defence attorney as soon as possible so that they can help you navigate the criminal justice system and obtain the best possible outcome. Our lawyers at Collett Read LLP are experienced in dealing with possession for the purpose of trafficking charges and are well equipped to do just that.  

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