Smuggling Under the Customs Act
Section 159 of the Customs Act makes it an offence to smuggle, or attempt to smuggle, into Canada any goods that are subject to duties or whose importation is prohibited, controlled, or regulated. The prosecution turns on what was declared, what was found, and what the accused knew. Michael Bloom meticulously reviews the entire chain: the primary inspection, the secondary referral, the search, the statements taken at the border, and the classification of the goods.
Drug Importation and Exportation
Importing and exporting controlled substances is one of the most serious offences under the Controlled Drugs and Substances Act; there are mandatory minimum sentences, and strong sentencing precedents call for federal time. These files routinely involve international cooperation, controlled deliveries, wiretap authorizations, and undercover operators. Defence work demands painstaking review of disclosure and aggressive Charter advocacy on search, seizure, and detention issues.
Firearms Smuggling
Smuggling firearms across the Canadian border, particularly handguns from the United States, is prosecuted aggressively. Charges typically include importing a firearm, possession of a non-restricted or restricted firearm without authorization, and related Customs Act offences. Sentencing precedent is extreme. Michael Bloom has defended firearm-related charges through every stage, including challenges to border search powers and the lawfulness of CBSA referrals.
Currency Smuggling and Proceeds of Crime
Failure to declare currency or monetary instruments over $10,000 CAD entering or leaving Canada triggers seizure under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Sometimes, the seized funds are forfeited, and additional charges follow, particularly where CBSA suspects the funds are proceeds of crime. Michael Bloom assists clients with both criminal defense and civil forfeiture proceedings, which often run concurrently.
Tobacco and Restricted Goods Smuggling
Contraband tobacco, restricted alcohol, untaxed goods, and prohibited consumer items (such as certain weapons, replica firearms, and restricted electronics) all carry smuggling charges under the Customs Act and provincial legislation. Penalties include hefty fines, forfeiture of vehicles and goods, and, in some cases, criminal records. Without a skilled defence lawyer on your side, you risk the full extent of these penalties.
CBSA and RCMP Investigations
Many smuggling charges begin not at the border, but with a CBSA or RCMP investigation that runs for weeks or months before an arrest. If you have been contacted by CBSA, served a demand for documents, or notified that you’re under investigation, don’t respond until you talk to a lawyer. Michael Bloom advises clients during the pre-charge stage and frequently resolves matters before any charges are formally laid.