How drug trafficking allegations are built
Drug trafficking is treated far more seriously than simple possession. In Ontario, trafficking can include selling, giving, transporting, delivering, or offering to do those things. The allegation does not always require a completed sale.
That is why people are often surprised by how broad the charge can be. For related background, see our pages on drug possession and drug possession vs trafficking.
The evidence behind a trafficking allegation
The Crown may rely on quantity, cash, packaging, scales, phones, text messages, observations of short meetings, or alleged admissions. In some cases, the issue is straightforward. In others, the case depends almost entirely on inference.
Sharing, passing something to another person, or acting as a middle person can also create trafficking allegations depending on the facts.
Search and investigation issues
These cases often begin with a vehicle stop, street investigation, warrant execution, or surveillance file. The lawfulness of the search and seizure can be central, especially where the Crown’s case depends on physical evidence from a vehicle, home, or phone.
Penalties and consequences
A trafficking conviction can lead to very serious sentencing exposure, a criminal record, immigration consequences, and major problems for work and travel. Bail can also be more difficult than in a straightforward possession case.
FAQ
Is sharing the same as trafficking?
It can be, depending on the circumstances and the evidence.
Do police need to catch a sale?
No. The Crown may proceed without a completed transaction if it says the evidence supports trafficking.
What should I do after a charge?
Get advice early and do not assume the allegation will rise or fall only on the amount of drugs involved.