Written By: Ravi Prithipaul

Broadly speaking, the penalties for drug offences depend on the circumstances of the offence and the offender. The circumstances of the offence include:

• Classification of illegal drugs (into Schedule I, Schedule II, Schedule III, etc.) and the amount(s) involved;
• Purpose of the illegal possession (i.e., possession for personal use, production, importation or exportation, trafficking, etc.);
• Presence of aggravating factors (e.g., for the benefit of organized crime, the threat of violence or weapons, youth were involved or targeted, public safety put at risk, proximity to a school, the crime occurred inside a prison, etc.); and
• Health and safety factors in relation to production offences (e.g., creating a hazard for children or the public, placing or setting a trap, using a third-party’s property to commit the offence, etc.).

The circumstances of the offender include all of his or her personal characteristics and background, such as:

• Age;
• Status as an aboriginal person;
• Criminal record, in particular, prior drug offences;
• Education and work history;
• Mental and physical health issues;
• Marital and family status;
• Prospect of rehabilitation.

The mode of trial as chosen by the Crown prosecutor is also an important factor. The Crown may proceed by summary conviction in less serious cases, or by indictment in more serious cases. Some offences are purely indictable, but many are hybrid in nature which means that the Crown has an option as to how to proceed. A defence lawyer may, in some cases, be able to negotiate the mode of trial with the Crown prosecutor which, in turn, can significantly mitigate (ie. lessen) the sentence.

Sentences imposed

There exists a wide range of penalties for drug-related offences, ranging from discharges, suspended sentences with probation, fines, conditional jail sentences, and actual imprisonment. Trafficking in the controlled substances listed in Schedules I, II, III, or IV (some well-known examples include opium, morphine, cannabis, and various barbiturates) can result in mandatory minimum punishments of one year, or even two years, where certain specified aggravating factors defined in section 5 of the CDSA are present:

• The offender committed the offences for the benefit, or at the direction, of a criminal organization;
• The use or threatened use of violence in committing the offence;
• The involvement of weapons;
• The offender had a record of for a designated substance offence within the previous 10 years;
• The crime was committed in or near a school or other public place frequented by person under the age of 18;
• The offence was committed within a prison;
• The offender used or involved the services of a person under the age of 18.

It is important to choose a lawyer whom you trust and to disclose all information related to the offence with which you are charged. Sentencing is an individualized process in which courts are required to impose penalties depending on the Crown’s evidence, but also the subject’s characteristics and mitigating factors such as personal history, addictions, financial hardship, family relationships, First Nations ancestry, and so on.

Sentencing exceptions

A judge is not bound by the submissions of the prosecutor or defence lawyer when deciding sentence. However, joint submissions which are the product of negotiated resolutions (“plea bargains”) are usually treated with respect by the courts and are entitled to deference. In appropriate cases, the sentencing may be delayed to allow the accused to attend drug rehabilitation treatment programmes. If you find yourself facing a charge involving a controlled drug or substance, contact Mr. Raqvi Prithipaul, an experienced criminal defence lawyer in Alberta, without delay.