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September 2006
Laval police arrest 8 people accused of drug trafficking
Just like the arrests in Longueuil, many arrests related to drug trafficking have recently taken place in Laval. Seven men and one woman have been arrested after police searched six residences and seized marijuana, cocaine, and weapons, among other things.
Two of the residences were also used to grow marijuana. Laval police, who have been investigating for more than one year, stated that the arrested individuals are linked to organised crime.
Searches? Trafficking? Organised crime? In the text that follows, Éducaloi explains the ins and outs of these concepts which are often mentioned in the media but rarely explained.
How is a search carried out in drug trafficking investigations?
Contrary to what people may think, police officers can’t just decide one morning to break down a door, hold out a gun and seize everything. Except when there is an emergency or when it is necessary, a search is a procedure that must follow many rules!
The police officers must first obtain a search warrant for one or more specific locations, by convincing a judge that they have reasonable grounds (reasons) to believe that the objects related to an offence can be found at those locations. For example: suspicious comings and goings at the house, many very short visits, the smell of drugs, excessive use of electricity, etc. It can take some time to gather enough elements to be able to prove that “reasonable grounds” exist!
The judge who issues a search warrant can specify in the warrant the time and place of the search, the way in which the search will be carried out, and the police officers who will participate in the search. In general, the police officers conducting the search must announce and identify themselves and show their warrant. However, if there is a risk that the evidence sought will be destroyed when they announce themselves, the police officers can enter without announcing themselves.
During the search, the police officers can seize any thing mentioned in the warrant or any thing that they believe was illegally obtained or was used to commit an offence.
What does the law consider to be drug “trafficking”?
Many more things than what people think! The offence of trafficking not only includes selling drugs, but also includes:
- Transporting or delivering drugs;
- Sending drugs;
- Providing or administering drugs (for example, by making a line of cocaine for someone else or by passing around a joint).
Possession of drugs for the purpose of trafficking is also an offence. This offence is often proven by the discovery of drugs, together with objects used for their sale, such as scales, cash, lists of people who owe money or simply by the discovery of a very large quantity of drugs!
What are the possible sentences for drug trafficking?
It depends. The judge does not impose the same sentence on all traffickers just because they have committed the same offence. Rather, he determines the most appropriate sentence for each case. The judge must take into account the profile of the accused person and the different goals of a sentence: punishing the person, deterring offenders, ensuring public safety, encouraging rehabilitation, etc.
The maximum sentence for trafficking more than 3 kilograms of marijuana or any quantity of cocaine is life imprisonment.
It is important to note that in the case of the accused persons arrested in Laval, the judge must consider committing the crimes for the benefit of a criminal organisation as an aggravating circumstance.
What is a “criminal organisation”?
A criminal organisation exists when there are more than two persons who together organise criminal offences for their own benefit, whether it is the mafia, a street gang, a criminal biker gang or others.
A criminal organisation can be structured in many ways, from extreme hierarchy to a simple alliance of criminals. The law is not very clear on this issue. However, the law does specify that a group of people who randomly associate with one another in order to commit an offence (for example, setting fire to a vehicle during a riot) do not form a criminal organisation.
To find out more:
Search and seizure by police in criminal law
Offences related to certain drugs
Sentencing in Canada
