Drug Offence Lawyers Calgary
From simple possession through to multi-kilogram trafficking charges, our Calgary criminal defence lawyers have defended the full spectrum of drug offences under the Controlled Drugs and Substances Act. We know where these prosecutions are most vulnerable and we build defences from the ground up.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
Our office is steps from the Calgary Courts Centre, where the majority of our criminal cases are heard.
Drug charges in Calgary cover an enormous range of conduct and an equally enormous range of consequences. Simple possession of a small amount of marijuana sits at one end of that spectrum. Multi-kilogram cocaine trafficking with a reverse onus bail provision and a mandatory minimum sentence sits at the other. The way these cases are defended is completely different.
Our lawyers have defended clients at every point on that spectrum. From first offence simple possession through to large-scale importation and conspiracy matters involving multiple accused and complex disclosure packages running into thousands of pages. We know how these prosecutions are built and we know exactly where they fall apart.
Call (587) 355-8889 for a free consultation. Available 24 hours a day.
Drug Charges Under the Controlled Drugs and Substances Act
All drug offences in Canada are prosecuted under the Controlled Drugs and Substances Act. The Act schedules controlled substances and attaches different offences and maximum penalties depending on the substance involved and the nature of the alleged conduct.
Possession of a Controlled Substance
Simple possession is the least serious drug charge and applies to personal amounts of a controlled substance. The sentence for simple possession ranges from a discharge at the low end through to a maximum of seven years for Schedule I substances such as cocaine, heroin, and fentanyl. First offence possession matters, particularly for cannabis or lower schedule substances, are often resolved without a criminal record through diversion or conditional discharge.
Possession for the Purpose of Trafficking
The most common serious drug charge. Possession for the purpose is distinguished from simple possession by the quantity of the substance, the manner of packaging, the presence of scales or other paraphernalia, and cash on hand. These are all circumstantial indicators the Crown relies on to establish trafficking intent. Challenging the inference the Crown draws from that evidence is central to defending these charges.
Trafficking
Direct trafficking involves selling, distributing, transferring, or delivering a controlled substance. Maximum sentence for Schedule I substances is life imprisonment. These cases frequently involve undercover police operations, surveillance evidence, and wiretap authorizations, each of which generates its own category of Charter issues.
Production of a Controlled Substance
Manufacturing, synthesizing, or cultivating a controlled substance. This includes large-scale grow operations, fentanyl and methamphetamine production, and smaller cultivation matters. Production charges carry maximum sentences of up to life imprisonment for Schedule I substances and are often accompanied by property-related charges.
Importation and Exportation
Bringing controlled substances into or out of Canada is among the most serious drug offences. Maximum sentence is life imprisonment for Schedule I substances. These cases involve federal prosecutors, the Canada Border Services Agency, and often significant international dimensions that require experienced defence counsel from the outset.
Conspiracy
Where two or more people are alleged to have agreed to commit a drug offence together. Conspiracy charges are used by the Crown in larger trafficking and importation matters and each accused faces the same maximum sentence as if they had committed the substantive offence. Wiretap evidence is common in conspiracy prosecutions and challenging the wiretap authorization is frequently one of the most important defence steps.
Where Drug Prosecutions Are Most Vulnerable
The vast majority of serious drug charges depend on evidence that was obtained through police investigative techniques governed by strict legal rules. Search warrants, traffic stops, wiretap authorizations, and detentions are all subject to Charter scrutiny. When those rules are not followed, the evidence that flows from the breach is subject to exclusion, and in many drug prosecutions, exclusion of the seized substance is the end of the case.
The Search Warrant and the Information to Obtain
Most significant drug seizures flow from a search warrant. The warrant is only as strong as the sworn Information to Obtain filed by the investigating officer. That document has to establish reasonable and probable grounds on facts that are neither materially misleading nor selectively presented. When the ITO is deficient, the warrant is invalid, the search that flowed from it violates section 8 of the Charter, and the drug evidence obtained through it is subject to exclusion under section 24(2). Line-by-line review of the ITO is one of the first things we do on any significant search warrant case.
The Traffic Stop That Led to the Seizure
A large number of trafficking cases begin with a routine traffic stop that turned into a drug investigation. The stop itself must have been lawful. The detention that followed must have been grounded in a proper investigative basis. Any prolongation of the stop beyond what was necessary for the original traffic purpose engages Charter scrutiny. Where the stop was pretextual, unduly prolonged, or expanded without lawful authority, everything that followed is potentially tainted.
The Wiretap Authorization
In conspiracy, importation, and larger trafficking prosecutions, wiretap evidence is often central to the Crown's case. Part VI of the Criminal Code imposes strict prerequisites including the investigative necessity requirement. A defective authorization means the intercepted communications were unlawfully obtained. Successful wiretap challenges are among the most powerful defence tools available in serious drug cases.
Your Right to Counsel on Arrest
From the moment of detention, you have the right to be informed of your right to retain and instruct counsel without delay and to have a reasonable opportunity to exercise that right. Police must hold off on further evidence-gathering questioning until that opportunity has been provided. Statements obtained in breach of section 10(b) of the Charter, and derivative evidence flowing from those statements, are routinely excluded.
Knowledge and Control
Possession is a legal concept, not simply a physical fact. The Crown must prove beyond a reasonable doubt that you knew the substance was a controlled substance and that you had some measure of control over it. In shared vehicles, shared residences, and any situation involving multiple people, that proof is often much weaker than the Crown initially assumes.
Sentencing and the Consequences of Conviction
The Supreme Court of Canada has struck down several of the mandatory minimum sentences that used to attach to drug offences and Parliament has since amended the Controlled Drugs and Substances Act to remove most of them. That does not mean sentences are light. Trafficking, production, and importation of Schedule I substances such as cocaine, heroin, and fentanyl regularly attract federal penitentiary sentences measured in years.
Beyond the sentence itself, a drug conviction carries a permanent criminal record, potential inadmissibility to the United States, employment consequences particularly for regulated professions and any position requiring a security clearance, and immigration consequences for anyone who is not a Canadian citizen. Where the charge involves a Schedule I substance, the fingerprint and DNA obligations that follow conviction are also serious.
The range between a conditional discharge on a small possession matter and a lengthy federal sentence on a large-scale trafficking conviction is enormous. Where your case lands within that range depends entirely on the strength of the defence built around it.
A defence built in four steps.
We Listen
You tell us exactly what happened. The stop, the search, the arrest, what was said, who was present, and what was seized. Every detail matters and everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the substance, the quantity, the alleged role, and any reverse onus bail implications. We identify Charter issues at every stage, the search, the detention, the right to counsel, and any wiretap authorization in play.
We Explain Your Options
We tell you exactly what you are facing and what the realistic pathways are, including trial strategy, Charter applications, resolution options where appropriate, and immigration or border-crossing implications. No softening. No vague reassurances.
We Take Action
We prepare for bail if you are still in custody. We obtain full disclosure. We line-by-line review the Information to Obtain, the wiretap affidavit, and every step of the investigation. We build the defence your case requires from the first day we are retained.
Frequently Asked Questions
Can I be convicted of possession for the purpose of trafficking if the drugs were not mine?+
Possession under the Controlled Drugs and Substances Act requires both knowledge of the substance and some measure of control over it. Where drugs are found in a shared vehicle, a shared residence, or a location connected to more than one person, the Crown must prove beyond a reasonable doubt that you knew the substance was there and that you had control over it. Mere proximity to a controlled substance is not enough. These are frequently defensible cases and the defence often turns on carefully examining exactly what the Crown can prove about your connection to the substance.
The police searched my car without a warrant. Can that evidence be excluded?+
Potentially, yes. Police need lawful authority to search a vehicle. That authority usually comes from a warrant, from a search incident to a lawful arrest, or from a recognized common law power. If none of those applies, or if the arrest itself was unlawful, the search violates section 8 of the Charter. Charter-breaching searches routinely lead to the exclusion of the evidence under section 24(2), which in many drug cases collapses the Crown's case entirely.
What is a reverse onus bail hearing and does my drug charge have one?+
For most drug trafficking, production, importation, and conspiracy charges under the Controlled Drugs and Substances Act involving Schedule I or Schedule II substances, the Criminal Code imposes a reverse onus at the bail stage. That means you must show cause why you should be released, rather than the Crown having to show cause why you should be detained. These hearings require a properly prepared release plan, sureties where appropriate, and detailed submissions on the strength of the Crown's case. Preparation is everything.
Are there mandatory minimum sentences for drug offences in Canada?+
The Supreme Court of Canada has struck down several of the mandatory minimums that used to apply to drug offences under the Controlled Drugs and Substances Act. Parliament has since amended the Act to remove most drug mandatory minimums. However, sentences for serious trafficking, production, and importation charges involving Schedule I substances remain very high and federal penitentiary time is a real risk on any significant matter. The specific range depends on the substance, quantity, role, and personal circumstances.
The police obtained a wiretap in my case. Can that be challenged?+
Yes and it should be. Wiretap authorizations under Part VI of the Criminal Code have strict prerequisites, including an investigative necessity requirement, the Crown must satisfy the authorizing judge that other investigative techniques have been tried and failed, are unlikely to succeed, or that the urgency of the matter makes them impractical. Wiretap authorizations can be attacked on their face and through cross-examination on the sworn affidavit. Successful wiretap challenges can lead to exclusion of the intercepted communications and, in conspiracy prosecutions, the collapse of the Crown's case.
Will a drug conviction affect my ability to travel to the United States?+
Yes. A conviction for any drug offence, including simple possession, can render you inadmissible to the United States under US immigration law, and US border officers have broad discretion at the port of entry. Avoiding a conviction, or resolving a matter without a finding of guilt where possible, is often a critical objective for clients who need to cross the border for work or family reasons. We factor that into strategy from the first meeting.
I have been charged along with several other people. Should we all use the same lawyer?+
No. Co-accused in drug conspiracy, trafficking, and importation cases almost always have divergent interests. What helps one accused often hurts another and joint representation creates serious conflict-of-interest problems that can compromise every defence. Each accused should have independent counsel. Where appropriate, defence counsel for co-accused can coordinate on shared issues such as wiretap challenges and Charter applications, but each client needs their own lawyer in their corner.
Related Practice Areas
Drug charges frequently intersect with bail proceedings, firearms allegations, and drug-impaired driving investigations. Coordinated defence across these areas often matters as much as the drug charge itself.
Bail Hearings Calgary
Most serious drug charges carry a reverse onus at bail. Preparation and a properly structured release plan are essential.
READ THE DEFENCE GUIDEFirearms Offences
Firearm charges are often laid alongside trafficking allegations and require coordinated Charter and evidentiary defence.
READ THE DEFENCE GUIDEDUI and Driving Offences
Drug impaired driving allegations intersect with possession charges and involve their own set of investigative rules.
READ THE DEFENCE GUIDEFacing a Drug Charge in Calgary?
The Crown builds these cases from investigative techniques that are governed by strict rules. The sooner we are reviewing the same disclosure, the stronger your defence.
Call (587) 355-8889. Free consultation. Available 24 hours a day.