Criminal Defense Attorney for Drug Trafficking
Criminal Defense Attorneys in Montreal
Need a criminal defense attorney for drug trafficking
Criminal Defense Attorney for Drug Trafficking
Are you facing drug-related criminal charges, whether for simple possession, trafficking, production, or importation? We understand that the uncertainty surrounding the consequences of such a case—such as a criminal record, travel restrictions, or severe penalties—can be a tremendous source of stress for you and your loved ones.
At Riendeau Avocats, we leave no question of yours unanswered. Our dedicated team of criminal defense attorneys is ready to handle your legal case with the utmost diligence. In drug cases, how the police obtained the evidence is often the key to the case. That’s why we’ll meticulously analyze police procedures and the legality of warrants, searches, and raids to ensure that none of your constitutional rights have been violated.
Legal Drugs and Illegal Substances: What Canadian Law Says
In Canada, although the use of certain substances such as alcohol, cigarettes, and cannabis is legal, it remains strictly regulated by specific laws, such as the Cannabis Act, which imposes strict limits (particularly on permitted quantities and the legal age). Conversely, the possession, trafficking, or production of a wide range of narcotics is strictly prohibited and heavily criminalized. Among the illicit drugs most commonly targeted by authorities are cocaine (and crack), heroin, methamphetamine, ecstasy, magic mushrooms, GHB, LSD, and ketamine. All of these prohibited substances, along with their classification levels, are officially listed in Schedules I through VI of the Controlled Drugs and Substances Act, the primary legislation upon which criminal drug charges are based.
An accusation of a white-collar crime can have
serious consequences .
The Act Regulating Certain Drugs and Other Substances
The Controlled Drugs and Substances Act provides for the majority of offenses and penalties related to illicit drugs, including: simple possession, possession for the purpose of trafficking, trafficking, production, as well as importing and exporting.
Understanding the Concept of Possession Under the Criminal Code
Possession in General
The concept of possession is defined in section 4(3) of the Criminal Code. The law states that a person is in possession of an item (such as narcotics) when they have it in their personal possession, or when they knowingly entrust it to the care of another person. It also applies if the person hides or keeps the substance in a place (whether it belongs to them or not) for their own use or benefit.
The Three Categories of Possession
Just because the drugs aren't directly in your pockets doesn't automatically exonerate you! In fact, Section 4(3) establishes three distinct categories of possession: personal possession (on one's person), putative possession (control over drugs kept elsewhere or by a third party), and joint possession (when the item is in the custody of several people with the knowledge and consent of all).
How can we help you?
Our team is here to guide you every step of the way with tailored solutions and ongoing support, whether you need advice, technical assistance, or help defending your rights.
The Team at Riendeau Lawyers: 20 Years of Expertise in Defending Drug-Related Charges.
With a team of experienced attorneys—some of whom have more than 20 years of experience practicing law—our firm is the go-to choice for anyone facing drug-related charges.
Over the years, we have developed specialized expertise in cases involving the possession, trafficking, and production of narcotics. This specialization has enabled us to secure numerous acquittals for our clients, particularly by having evidence obtained illegally by the police excluded. We have a thorough understanding of the constitutional issues related to searches, raids, and warrants, and we employ the necessary defense strategies to protect your reputation, your freedom, and your criminal record.
But beyond our performance in court, it is our human approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every case is a person going through a period of uncertainty and stress. Our top priority remains the rigorous defense of our clients, the meticulous analysis of police methods, and the successful resolution of complex cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
PENALTIES AND CONSEQUENCES IN THE CASE OF DRUG-RELATED CHARGES
Depending on the substance, the type of charge, and the prosecution method chosen, the penalties vary greatly and can range up to a sentence of life imprisonment.
Given the potential severity of these penalties, we strongly advise you to contact one of our experienced drug offense lawyers to get a clear and accurate assessment of the penalties you face based on the facts surrounding your case. Call us now!
Understanding the Different Drug-Related Offenses
La Possession (Single-family and for export)
Simple possession is based on a clear formula: control + knowledge. According to the Supreme Court ( R. v. Morelli ), there must be physical contact with the substance and knowledge of its nature. In the case of possession for the purpose of export, there must also be a specific intent to transport the substance across a border.
Drug and Substance Trafficking
Trafficking encompasses any act of sale, transportation, delivery, or even a simple donation. The key element is the intent to make an offer or to carry it out. Warning: Simply helping someone obtain a substance (e.g., referring a contact) is sufficient grounds to be charged with aiding and abetting drug trafficking.
Drug Production
“Producing” means obtaining a substance through manufacturing, synthesis, or cultivation (harvesting). The prosecution must prove beyond a reasonable doubt that the defendant knew the nature of the substance produced. Note that section 21(1)(b) of the Criminal Code allows for the prosecution of any person who assisted in the production.
A drunk-driving charge can have serious consequences
Contact us for fast, personalized answers to your questions.
Penalties for Drug Trafficking
Type of charge
Penalties vary considerably depending on the nature of the substance (Schedule I, II, III, or IV) and the severity of the alleged offense. The Criminal Code and the Controlled Drugs and Substances Act distinguish between several serious offenses: trafficking, possession for the purpose of trafficking, and the importation and exportation of narcotics.
Possible Penalties
The Canadian justice system imposes very severe penalties for trafficking in “hard” drugs (such as cocaine or fentanyl), which can include life imprisonment. A conviction automatically results in a criminal record, restrictions on international travel, and significant impacts on your future employability.
Tips
Given the complexity of technological evidence (cell phone records, wiretaps) and police investigative methods, it is essential to protect your rights immediately. Contact our team of criminal defense attorneys to assess the legality of the searches and build a strategic defense aimed at minimizing the impact on your freedom.
Your Questions About Drug Trafficking
Facing a charge of drug trafficking or possession for the purpose of trafficking is an extremely serious matter under Canadian law. Our FAQ helps you understand the elements of the offense, the potential penalties, and the critical importance of challenging the police evidence, so that you can take swift action with the help of our specialized attorneys.
Trafficking is not limited to selling a substance for money. Under the Act Regulating Certain Drugs and Other Substances (LRDS), the mere act of giving, transporting, shipping, delivering, or even offering to distribute a controlled substance constitutes an act of trafficking.
Possession with intent to distribute is a much more serious offense. To secure a conviction, the prosecution must prove that you possessed the drugs (control and knowledge) and that you had the specific intent to distribute them. The quantity seized, the presence of scales, individual bags, or large sums of cash are often used as evidence of this intent.
Yes. Canadian law does not distinguish between selling for profit and giving away for free (donation). The act of transferring the substance from one person to another is sufficient to meet the legal definition of trafficking.
Absolutely. Simply offering to sell or deliver a substance is considered drug trafficking, regardless of whether you were in possession of the drug at that time or not, and regardless of whether the offer was genuine or fictitious.
Penalties vary depending on the substance’s schedule (I, II, III, or IV). For Schedule I drugs (cocaine, heroin, fentanyl, methamphetamine), the penalty can include life imprisonment. A conviction for drug trafficking almost always results in a permanent criminal record.
A great deal. The courts are much harsher when it comes to so-called “hard” or highly addictive drugs (Schedule I). The circumstances—such as dealing near a school or the involvement of a criminal organization—also constitute aggravating factors that increase the sentence.
The defense often relies on challenging the concept of “knowledge” or “control.” If other people had access to the location, or if we can show that you were unaware of the substance’s presence, the evidence of possession could fall apart.
This is a major issue. If the search was conducted without a warrant or without reasonable grounds, we can move to have the evidence excluded under the Canadian Charter of Rights and Freedoms. If the judge excludes the drugs or text messages from the evidence, the prosecution often no longer has a case.
If the police believe that you planned the drug trafficking with one or more other people, you could be charged with conspiracy. This allows the prosecution to hold you responsible even if you never physically handled the drugs.
Drug trafficking cases rely on technical evidence (wiretaps, surveillance, warrants). Our role is to identify constitutional flaws in the police investigation, negotiate a reduction in charges, or vigorously represent you at trial to avoid incarceration and protect your future.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
