Areas of Practice

From possession to trafficking

Drug Offence Defence

Drug prosecutions under the Controlled Drugs and Substances Act range from simple possession — which the justice system now frequently diverts away from criminal court — to trafficking allegations that carry exposure up to life imprisonment.

Almost every drug case begins with a search: of a person, a vehicle, a residence, or a phone. Whether that search was lawful is often the whole case, and we scrutinize every step of the police investigation for Charter violations.

I

Simple possession, possession for the purpose, and trafficking defence

II

Charter litigation over searches, warrants, and confidential informants

III

Challenges to expert opinion on trafficking indicators

IV

Diversion and alternative resolutions where available

Frequently Asked questions.

What's the difference between possession and trafficking charges?
Simple possession involves having a controlled substance for personal use. Possession for the purpose of trafficking alleges an intent to sell or distribute — usually inferred from quantity, packaging, cash, or paraphernalia. That inference can be challenged, and the difference in sentencing exposure is enormous.
Will I go to jail for simple possession?
Increasingly unlikely for a first offence. Federal law now directs police and prosecutors to consider alternatives to charges for simple possession — including warnings, referrals, and diversion — and recent reforms repealed several mandatory minimums and expanded conditional sentences. Outcomes still depend on the substance, quantity, and your history.
How serious is a trafficking charge?
Very. Trafficking in Schedule I substances such as cocaine, methamphetamine, or fentanyl carries a maximum of life imprisonment, and fentanyl-related cases in Alberta attract particularly stern sentencing. These files demand a full-scale defence from day one.
The drugs were found in a search of my car or home. Can that be challenged?
Frequently, yes. Search warrants can be attacked, warrantless searches are presumptively unreasonable, and evidence obtained in violation of section 8 of the Charter can be excluded under section 24(2). Successful Charter applications regularly result in charges being dismissed.

The information on this page is general legal information about Canadian criminal law and Alberta procedure. It is not legal advice, and it does not create a lawyer–client relationship. Every case turns on its own facts — contact Snukal Law Office for advice about your specific situation.

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Facing a charge? Talk to us first.

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