What to expect when charged with importing a designated substance

You have been charged with importing a designated substance into Canada. What can you expect? 

Available sentences 

Many people believe that if you are acting simply as a “drug mule,” importing a designated substance into Canada is not a serious offence. However, this could not be farther from the truth. The sentences available for importing a designated substance into Canada are highly dependent on what substance you are charged with importing, the quantities thereof and, in some cases, the context of the crime.  

Suppose the substance is included in Schedule I or II, and you are charged with importing less than one kilogram. In that case, you will be charged with an indictable offence with a maximum punishment of lifetime imprisonment and a minimum punishment of imprisonment for one year. If the substance is included in Schedule I, and you are charged with importing more than one kilogram, you will be charged with an indictable offence with a maximum punishment of life imprisonment and a minimum punishment of imprisonment for two years.  

You will be charged with a hybrid offence if the substance is included in Schedules III, V, or VI. In these cases, you can be charged with a maximum sentence of 10 years imprisonment for an indictable offence or a maximum sentence of 18 months for a summary offence. If the substance is included in Schedule IV, you will also be charged with a hybrid offence. In these cases, the Crown will have the option to charge you with a maximum sentence of three years imprisonment or one-year imprisonment, depending on whether it was an indictable or summary offence respectively.

What has to be proven to be found guilty of importing a designated substance into Canada?

For you to be found guilty of importing a designated substance into Canada, the Crown is required to prove that you actually imported a designated substance and that you knew that what you were importing was a designated substance. If you unknowingly imported a designated substance into Canada, you are not guilty of the importation 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 importing a designated substance into Canada, 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 importing a designated substance into Canada 

If you have been charged with importing a designated substance into Canada, you should always speak to a lawyer first. If you are arrested, you have the constitutional right to remain silent, and you should remain silent whether or not you are innocent, as you may accidentally say something that hurts your case. It is imperative that you 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 charges for importing designated substances into Canada and are well equipped to do just that. 

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