Feb 06
Drug Importing Lawyers
Importing is a serious matter. Lockyer Zaduk Zeeh has a roster of experienced lawyers. Call us at 416-613-0416 to schedule a consultation.
What is Importing?
Importing refers to the illegal transportation of controlled substances into Canada. Under section 6(1) of the Controlled Drugs and Substances Act, it is a criminal offence to import or export into Canada a substance includes in Schedules I through VI.
Depending on the nature and type of contraband, different sentences apply under Section 6 of the CDSA. Furthermore, in certain circumstances, the court can consider such factors as whether an accused while committing the offence abused a position of trust or authority or had access to an area restricted to authorized persons and used that access to commit the offence.
How Much Time Will I Do for Importing?
Depending on the type and the amount of the drug involved, the penalties for Importing narcotics can be severe. Those found guilty of importing hard drugs could face life imprisonment.
What are Potential Defences to Importing?
Factual Innocence: Failure of the Crown to prove every essential element of the specific offence beyond a reasonable doubt.
Duress: Under section 17 of the Criminal Code, the defence of duress exists where one commits an offence under compulsion of threats of immediate death or bodily harm from a person who is present when the offence is committed. The accused must have believed that the threats would be carried out and cannot be a party to a conspiracy or association whereby a person is subject to compulsion. This defence cannot be invoked with assault-related offences (including sexual assault), bodily harm offences, murder, arson, kidnapping.
Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including the right against unreasonable search and seizure and the right to retain and instruct counsel without delay. A successful Charter challenge may also result in a stay of proceedings, or evidence being excluded.
