Criminal Defence
Drug Trafficking Lawyers in New Brunswick and Nova Scotia
Section 5 of the Controlled Drugs and Substances Act holds two charges, trafficking and possession for the purpose of trafficking, and for cocaine, methamphetamine or fentanyl each carries a maximum of life. The Crown rarely has a sale on video, so the case is usually about intent, and intent is argued. A drug trafficking lawyer at this firm argues it in New Brunswick and Nova Scotia.
Trafficking Under Section 5 Needs No Sale
Under s. 5 of the CDSA, trafficking means selling, but also giving, administering, transferring, transporting, sending or delivering, and offering to do any of those things. Handing a pill to a friend is trafficking. An offer can complete the offence even where no drugs changed hands. The schedule sets the maximum at life for Schedule I and lower maximums for the lower schedules. Simple possession is a separate charge under s. 4, covered on the firm’s drug charges pages.
Possession for the Purpose Turns on Inference
For the s. 5(2) charge the Crown proves possession, then asks the court to infer the purpose from quantity, packaging, cash, a scale and the messages on a phone, usually through a police officer qualified as an expert. The defence tests every step of that inference. Heavy users buy in bulk. Friends split purchases. The expert’s indicators can be challenged one by one in cross-examination, and where the purpose is left in doubt the conviction can only be for possession.
Bail Carries a Reverse Onus
Under s. 515(6) of the Criminal Code, on a s. 5 charge punishable by life it is the accused who must show cause for release. That makes the first days decisive. A surety, a residence and a supervision plan have to be ready before the hearing, not after it. If detention is ordered, the decision is reviewed in the superior court, and a stronger plan can be brought back.
What a Drug Trafficking Lawyer Argues on Sentence
Parliament repealed the CDSA mandatory minimums in 2022 and lifted the statutory bar on conditional sentences. Custody is still the usual outcome for Schedule I trafficking in both provinces, within ranges each Court of Appeal has set, and the argument is about role, quantity and the person. Seized cash, vehicles and phones face forfeiture, which is contested separately. A conviction for serious criminality can make a permanent resident inadmissible, and that consequence is weighed before any plea.
The Election and the Courts Differ by Province
Trafficking in a Schedule I substance is indictable, and the accused elects the court: the Provincial Court of New Brunswick or the Court of King’s Bench, the Provincial Court of Nova Scotia or the Supreme Court, judge alone or with a jury. Because the maximum is life, a preliminary inquiry remains available. The Public Prosecution Service of Canada conducts the prosecution in both provinces.
The Province Pages
Is Sharing Drugs with Friends Trafficking?
In law, yes. Giving is trafficking, with no money involved. At sentencing the scale matters, and social supply carries a lower sentence than commercial supply.
How Does an Undercover Operation Change the Case?
In a dial-a-dope investigation the sale is to the officer, so the act is rarely in dispute and the defence looks at entrapment: whether police offered the opportunity without reasonable suspicion, or induced the offence. Entrapment is decided by the judge after a finding of guilt, and a successful argument ends the case in a stay.
Can a Trafficking Charge End as a Possession Conviction?
Yes. Where the inference of purpose is weak, the Crown may accept a plea to simple possession under s. 4, and at trial the court can convict of the lesser charge instead.
Read trafficking versus possession in New Brunswick. The other charges the firm defends are at criminal defence. To speak to a lawyer, use the contact page.