Criminal Code of Canada - section 355.1 - Definition of traffic

section 355.1

INTRODUCTION AND BRIEF DESCRIPTION

Section 355.1 defines traffic in the context of sections 355.2 and 355.4 of the Criminal Code.

SECTION WORDING

355.1 For the purposes of sections 355.2 and 355.4, "traffic" means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

EXPLANATION

Section 355.1 of the Criminal Code of Canada defines the term "traffic" as it relates to Sections 355.2 and 355.4 of the Code. This section is important in understanding the criminal offenses related to the trafficking of controlled substances in Canada. The definition of "traffic" provided in Section 355.1 is broad, and includes a variety of activities related to the sale and distribution of controlled substances. These activities include selling, giving, transferring, transporting, exporting from Canada, importing into Canada, sending, delivering, or dealing with controlled substances in any other way. Additionally, the section includes the act of offering to engage in any of these activities. Sections 355.2 and 355.4 of the Criminal Code relate to the trafficking of controlled substances in Canada. Section 355.2 outlines the offense of "trafficking" and specifies that anyone who traffics in a controlled substance is guilty of an indictable offense and subject to severe penalties, including imprisonment. Section 355.4 outlines the offense of "possession for the purpose of trafficking" and specifies that anyone who possesses a controlled substance for the purpose of trafficking is also guilty of an indictable offense and subject to severe penalties, including imprisonment. The definition of "traffic" provided in Section 355.1 is critical to determining whether an individual has engaged in activities that constitute the offenses outlined in Sections 355.2 and 355.4. The broad definition of "traffic" ensures that all activities related to the sale and distribution of controlled substances are covered under the criminal law, even those that may not be explicitly listed. Overall, Section 355.1 is a critical component of the Criminal Code of Canada's approach to addressing the trafficking of controlled substances. The broad definition of "traffic" provided in this section ensures that all individuals engaged in activities related to the sale and distribution of controlled substances can be held accountable under the criminal law. It also helps to ensure consistency in the application of the law across the country by providing a clear definition of the term "traffic" that can be used in the interpretation of Sections 355.2 and 355.4.

COMMENTARY

Section 355.1 of the Criminal Code of Canada is an important provision that defines the term traffic" for the purposes of sections 355.2 and 355.4 of the Code. This section is crucial in understanding the scope and application of the provisions related to trafficking offences, which are serious crimes that can result in harsh penalties and long-term consequences for those convicted. At its core, section 355.1 defines traffic" broadly, encompassing a range of activities that involve the movement of goods from one place to another. These activities include selling, giving, transferring, transporting, exporting from Canada, importing into Canada, sending, delivering, or dealing with in any other way, as well as offering to do any of those acts. This broad definition of traffic" is intended to capture a wide range of activities that may be involved in the illegal trade of goods, including drugs, firearms, counterfeit goods, and other illicit items. The purpose of section 355.1 is to provide a clear and comprehensive definition of the term traffic" to ensure that the provisions related to trafficking offences are applied consistently and effectively. These provisions are intended to deter and punish individuals who engage in the illegal trade of goods and to disrupt the activities of organized crime groups that profit from these activities. Sections 355.2 and 355.4 of the Criminal Code of Canada provide specific criminal offences related to trafficking in various types of goods. Section 355.2 relates to trafficking in schedule I, II, or III controlled substances, such as cocaine, heroin, and methamphetamine. This offence carries a maximum penalty of life imprisonment and a minimum sentence of one year for a first offence. Section 355.4 relates to trafficking in firearms, and carries a maximum penalty of life imprisonment and a minimum sentence of three years for a first offence. Other provisions of the Criminal Code of Canada also include trafficking offences, such as section 366.1 related to the trafficking of persons. These provisions are intended to address various types of illegal trade and to ensure that those who engage in these activities are held accountable for their actions. Overall, section 355.1 of the Criminal Code of Canada plays an important role in defining the scope of trafficking offences and providing clarity around the types of activities that are considered illegal under the law. It is a crucial provision that helps to ensure that the criminal justice system can effectively deter and punish those who engage in the illegal trade of goods and disrupt the activities of organized crime groups involved in these activities.

STRATEGY

When dealing with Section 355.1 of the Criminal Code of Canada, it is essential to have a clear understanding of what constitutes "trafficking." Any actions that involve the selling, giving, transferring, transporting, exporting from Canada, importing into Canada, sending, delivering, or dealing with drugs in any other way fall under the category of "trafficking." Even offering to engage in any of these activities is considered trafficking. It is important to note that the penalties for drug trafficking can be severe. Depending on the nature of the offense, the type of drug, and the quantity involved, a person found guilty of trafficking could face a lengthy prison sentence, substantial fines, or both. Additionally, a criminal record can have serious consequences for a person's future, including difficulty finding employment, housing, or obtaining a professional license. To avoid the potential consequences of a drug trafficking conviction, it is essential to have a clear understanding of what constitutes "trafficking." If you are unsure whether your actions could be considered trafficking, it is important to seek legal advice from a criminal defense lawyer. They can help you understand the specific charges you are facing and develop a defense strategy that is tailored to your case. If you have been charged with drug trafficking, it is crucial to take the charges seriously and to seek legal representation as soon as possible. A skilled criminal defense lawyer can work to protect your rights and develop a strong defense on your behalf. They may be able to challenge the evidence against you, negotiate with prosecutors for reduced charges or sentencing, or help you navigate the court process to achieve the best possible outcome. Ultimately, the best strategy when dealing with Section 355.1 of the Criminal Code of Canada is to avoid engaging in any activities that could be considered drug trafficking. If you are in possession of drugs, it is important to dispose of them safely and legally. If you are struggling with drug addiction, seek help from a qualified healthcare professional or addiction specialist who can provide you with the resources and support you need to overcome your addiction and avoid legal trouble.

QUESTIONS AND ANSWERS

Q.

What is the definition of "traffic" in the Criminal Code of Canada?

A.

The definition of "traffic" for the purposes of sections 355.2 and 355.4 means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver, or deal with in any other way, or to offer to do any of those acts.

Q.

What is the significance of this definition in the Criminal Code of Canada?

A.

This definition is significant because it is used in sections of the Criminal Code that deal with offenses related to the trafficking of various substances, such as drugs or firearms.

Q.

What are the consequences of trafficking in Canada?

A.

The consequences of trafficking in Canada can vary depending on the specific offense and the amount or type of substance involved. Penalties can range from fines to lengthy prison sentences.

Q.

What is the difference between trafficking and possession of a controlled substance?

A.

Trafficking involves the sale, transport, or distribution of a controlled substance, while possession involves having the substance in one's possession.

Q.

Is it possible to be charged with trafficking if you did not actually sell or transport the substance?

A.

Yes, it is possible to be charged with trafficking even if you did not actually sell or transport the substance. Offering to do so can also be considered trafficking under the Criminal Code.

Q.

What is the punishment for offering to traffic a controlled substance?

A.

The punishment for offering to traffic a controlled substance can vary depending on the specific circumstances of the offense. Penalties can range from fines to prison sentences.

Q.

What is the difference between importing and exporting a controlled substance?

A.

Importing involves bringing a controlled substance into Canada from another country, while exporting involves sending a controlled substance from Canada to another country.

Q.

Is it legal to transport a controlled substance across provincial or territorial borders?

A.

It is illegal to transport a controlled substance across provincial or territorial borders without authorization.

Q.

What should someone do if they are facing trafficking charges?

A.

If someone is facing trafficking charges, it is important that they seek legal advice from a criminal defense lawyer.

Q.

Can someone be charged with trafficking if they did not know that the substance was illegal?

A.

Yes, someone can still be charged with trafficking even if they did not know that the substance was illegal. Ignorance of the law is not a defense.