Under the Controlled Drugs and Substances Act (CDSA), the exportation of any controlled substance is a serious criminal offence. Additionally, it is an offence under section 6(2) of the CDSA to possess drugs with the intent to export them, even if the actual exportation has not yet occurred.

The Crown must prove beyond a reasonable doubt that:

• The accused exported or attempted to export a controlled substance from Canada,

• The accused had knowledge of the nature of the substance being exported,

• Or possessed the substance for the purpose of exporting it.

Exportation offences are often linked to large-scale drug trafficking operations and involve complex investigations including surveillance, wiretaps, and coordination between law enforcement agencies.

Penalties for exportation are severe, often including lengthy prison sentences, fines, and potentially long-lasting effects on immigration status and employment opportunities.

Defences to exportation charges may involve challenging the accused’s knowledge of the substance, disputing intent to export, or asserting violations of the accused’s rights under the Canadian Charter of Rights and Freedoms during search and seizure.

Because of the complexities involved, it is critical to retain legal counsel experienced in drug and export law to effectively navigate these charges.