Under Section 6(1) of the Controlled Drugs and Substances Act (CDSA), it is a criminal offence to import or export Schedule I, II, III, IV, V, or VI drugs into and out of Canada.

Importation is a serious offence that covers physically bringing drugs across the border, as well as knowingly facilitating or assisting such an act.

To secure a conviction, the Crown must prove beyond a reasonable doubt that:

• The accused brought or attempted to bring a controlled substance into Canada,

• The substance is listed under the CDSA,

• The accused knew the nature of the substance.

Importation charges can arise from situations such as intercepted shipments, border searches, or smuggling operations. Because of the serious nature of these offences, they carry severe penalties, including lengthy imprisonment terms.

For certain drugs, mandatory minimum sentences apply. Defending importation charges often requires challenging the evidence of possession or knowledge, including search and seizure issues under the Canadian Charter of Rights and Freedoms, or demonstrating that the accused did not know the nature of the goods.

Legal representation experienced in complex drug and border law cases is essential.