In early 2025, the U.S. began expressing its concern about the fentanyl trade in general and the flow of the drug across the U.S.-Canada border in particular. He declared it a high priority to combat this problem. It is worth noting that, according to the Global Initiative Against Transnational Organized Crime, Canada is not a “big player” in the fentanyl trade. In fact, under 1% of the fentanyl entering the US comes from Canada. Moreover, in the most recent assessment by the US Drug Enforcement Administration, fentanyl from Canada is not even mentioned as a drug trafficking threat to the US.
Nonetheless, the problem is not insignificant. The US Customs and Border Protection (CBP) seized 43 pounds (19.5 kilograms) of fentanyl at the US-Canada border in 2024. This is disconcerting given the severe health crisis that fentanyl has produced within Canada. In past blogs, we’ve discussed the scourge of fentanyl in Canada in terms of the rise of opioid-related deaths and the enactment of the Good Samaritan Act—an effort to reduce the number of drug overdoses in Canada.
However, the fentanyl problem continues unabated. The Public Health Agency of Canada has released extremely troubling data on opioid-related overdoses and deaths in Canada. Between January 2016 and June 2024, there have been a total of 49,105 reported opioid-related deaths as well as 45,707 reported opioid-related poisoning hospitalizations (of which 66% were accidental).
Canada’s four-pronged response
Against this backdrop, the U.S. imposed a 25% tariff on imported products from Canada. In response, then-Canadian Prime Minister Justin Trudeau took swift action against the fentanyl trade.
1. Appointment of a “Fentanyl Czar”
On February 11, 2025, Canada announced the appointment of Kevin Brossard as its new “fentanyl czar.” In this role, Brossard will work alongside his US counterparts to “detect, disrupt, and dismantle” the fentanyl trade.
2. A $1.3 billion border plan
The government also announced its $1.3 billion border plan. The ambitious plan, which will include new Black Hawk helicopters, drones, mobile surveillance towers, and 10,000 frontline personnel workers, is intended to stop the flow of fentanyl over the border.
3. A Canada-US task force
In addition, Canada launched a Canada-US joint task force focused on fentanyl trafficking and the criminal use of funds. On February 19, 2025, Brossard held the inaugural meeting of the new Integrated Money Laundering Intelligence Partnership (IMLIP).
4. Seven new designated terrorist organizations
Finally, Canada has designated seven new criminal organizations as terrorist entities under the Criminal Code of Canada. They are:
- Cártel del Golfo
- Cártel de Sinaloa
- La Familia Michoacana
- Cárteles Unidos
- La Mara Salvatrucha
- Tren de Aragua
- Cártel de Jalisco Nueva Generación
Public Safety Canada has suggested that these groups are broadly responsible for the production and distribution of fentanyl throughout Canada. Designating them as terrorist entities is vital because it provides law enforcement with the necessary tools to combat fentanyl trafficking and to freeze the groups’ assets.
Definition of Terrorism & Terrorism-Related Offences
As noted above, part of Canada’s four-pronged plan is expanding the list of recognized terrorist entities. Terrorism is defined in section 83.01 of the Criminal Code of Canada as an act committed “in whole or in part for a political, religious or ideological purpose, objective or cause” with the intention of intimidating the public.
The Criminal Code of Canada lists several terrorism-related offences. These include:
Financing terrorism
Financing terrorism is an indictable offence. It applies to anyone who “directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out” an act of terrorism. This offence can lead to a maximum term of 10 years in prison.
Participating in the activity of a terrorist group
Section 83.18(1) provides that any person who knowingly participates in or contributes to the activity of a terrorist group for the purpose of carrying out a terrorist activity is guilty of an indictable offence. This charge can be laid even if no terrorist activity takes place. A person found guilty of participating in the activity of a terrorist group is liable to imprisonment for a maximum term of 10 years.
Facilitating a terrorist activity
Under section 83.19(1), any person who knowingly facilitates a terrorist activity, whether or not they have specific knowledge of the activity and whether or not the terrorist act is carried out, can face up to 14 years in prison.
Other terrorism-related offences in the Criminal Code of Canada include:
- Leaving Canada to facilitate a terrorist activity (section 83.191)
- Committing an offence for a terrorist group (section 83.2)
- Leaving Canada to commit an offence for a terrorist group (section 83.201)
- Leaving Canada to commit a terrorist activity (section 83.202)
- Instructing someone to carry out an activity for a terrorist group (section 83.21)
- Instructing someone to carry out a terrorist activity (section 83.22)
- Counselling someone to commit a terrorism offence (section 83.221)
- Concealing someone who has carried out a terrorist activity (section 83.23)
- Spreading a hoax about terrorist activity (section 83.231(1))
There is thus a wide breadth for charging and convicting cartels that are trafficking fentanyl.
Barrison & Manitius: Providing Trusted Criminal Defence Services Across Durham Region
At Barrison & Manitius, we endeavour to provide our clients with exceptional legal services and offer a free initial consultation. We are happy to answer any questions regarding hiring a criminal defence lawyer. Our skilled team has extensive experience defending a wide range of criminal charges. Please contact our office online or at 905-404-1947 to schedule your consultation. We have a 24-hour phone service for your convenience. Our experienced criminal defence lawyers are available to handle your case with diligence and expertise.