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Drug Trafficking

Drug Trafficking. According to the CDSA, to traffic is to, “sell, administer, give, transfer, transport, send of deliver the substance.” Section 5 of the act states that no person shall traffic in, pr possess for the purpose of trafficking, any substance included in Schedules

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Drug Trafficking

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  1. Drug Trafficking According to the CDSA, to traffic is to, “sell, administer, give, transfer, transport, send of deliver the substance.” Section 5 of the act states that no person shall traffic in, pr possess for the purpose of trafficking, any substance included in Schedules I, II, III, or IV.

  2. Trafficking has a very broad definition. Therefore, prosecutors are free to charge individuals with trafficking even when a simple possession charge might be more appropriate.

  3. Whether someone will be charged with trafficking depends on how much controlled drug is seized. It is up to the Crown to prove that the person possessed the controlled drug for the purpose of trafficking. Drug paraphernalia or large amounts of cash may be used by the Corn as evidence of trafficking.

  4. Police often act as undercover agents in stopping the drug trade. The procedures they use to obtain evidence may open the door to an offenders appeal. Police officers posing as drug dealers in order to entrap drug offenders are an example. Some view these practices as undermining the integrity of the justice system by giving the police to many power. What do you think?

  5. Police Rights of Search and Seizure under the Act The CDSA gives police the right to search for controlled substances and drugs. A search warrant can be issued by a justice if police believe that evidence of a drug offence can be located.

  6. An officer may act without a warrant if the situation is urgent and it is impractical to obtain one. Example: An officer would be compelled to force a search if the suspect is obviously flushingevidence down the toilet. The act provides that the officer can use as much force as is necessary in these circumstances to enter the premises.

  7. Once the officer has entered the premises, they can search anyone if there are reasonable grounds to believe that the person possesses a controlled substance. Example: The smell of marijuana smoke or a tip that drugs are being concealed is reasonable grounds for a search. The officer may seize any controlled substance and any items believe to contain them. Objects that have been used in committing the offence may also be seized, such as equipment used in the making/selling of the drugs such has scales.

  8. However, the CDSA does NOT give police the power to stop and search a person for drugs in a public place. The police are required to establish reasonable grounds before they proceed with the search. Reasonable grounds can include police surveillance, visual or physical signs of drug consumption, or a reliable informant.

  9. Fast Fact: As of July 1, 2008 police officers in Canada are able to demand roadside testing for drivers suspected of being under the influence of drugs. The tests will look for impairment by illicit, over the counter, or prescription drugs. If police officers concluded that a drive has railed a roadside test, they can have the driver go to the police station. A Drug Recognition Expert will make an evaluation based on interviews and observations. The DRE may also demand urine, blood, or saliva samples in order to confirm the impairment.

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