Canada Drug Trafficking Laws
- The Criminal Code of Canada sets out maximum prison lengths for those convicted of drug trafficking.marijuana leaf in a "no smoking" symbol on white background image by Nataliya Galkina from Fotolia.com
Drug trafficking is a serious offense in Canada, but prison sentence lengths depend on the type and quantity of controlled substances in question, the nature of the crime and whether the judge proceeds with a summary conviction, an indictment or a hybrid verdict. The Criminal Code of Canada's Controlled Drugs and Substances Act does not impose minimum sentencing guidelines on judges, but people convicted of trafficking may receive prison sentences starting from six months to life imprisonment. - The Criminal Code of Canada recommends relatively light sentences for those convicted of trafficking small quantities of marijuana, hashish, amphetamines and LSD. In the case of marijuana trafficking, summary convictions lead to jail sentences that do not exceed six months, provided that it is the convict's first offence. A judge may also impose a $1,000 fine for each count of trafficking in controlled substances. A second conviction, however, raises the maximum sentence length to one year and the fine increases to $2,000. For a suspect to receive six months or less on a trafficking charge, the amount of marijuana must not exceed 30 grams, or 1 gram of hashish. Trafficking in a larger quantity automatically raises the maximum sentence length to five years. Trafficking charges related to amphetamines carry maximum sentences of 18 months and $5,000 fines.
- An indictable trafficking offence carries with it far longer prison sentences than summary convictions. Trafficking more than 3 kg of marijuana can result in life imprisonment, as can trafficking cocaine, heroine, and importing or exporting any of these substances. Any trafficking offence committed as part of an organized gang or crime group significantly increases the chance that the judge will deem life imprisonment as appropriate punishment. Lifers committed of trafficking charges normally serve up to 25 years in prison, but may become eligible for parole in their 10th year.
- A defining characteristics of Canada's traditional approach to drug trafficking is that the emphasis is on the treatment of the convicted, rather than the enforcement of the toughest prison sentences listed in the Criminal Code. The War on Drugs approach adopted by the United States contrasted sharply with the Canadian federal government's 1987 National Drug Strategy. The strategy invested federal resources in treatment programs geared towards helping convicted drug users and dealers, as well as improving prevention initiatives. Following its 2006 victory, Canada's Conservative government shifted the focus to enforcement by providing $102 million in additional funding to the Royal Canadian Mounted Police's drug squad and urging Canadian authorities to cooperate more effectively with American police, in order to cut down on cross-border drug trafficking. Conservatives also advocate for compulsory minimum sentencing requirements for trafficking charges but failed to pass their legislation in parliament.
Summary Penalties for Trafficking
Indictable Trafficking Offences
Treatment vs. Enforcement
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