Drug Lawyers in Toronto

Drug offences are covered under the Controlled Drugs and Substances Act (CDSA).

Drug charges are offences that emerge from interaction with an illicit drug or substance.

Furthermore, drugs are under federal jurisdiction, therefore, rather than negotiating a matter with the Provincial Crown Prosecutors, it must be negotiated with the Federal Crown Prosecutors.

Due to the breadth of offences classified as “drug offences” it is considered hybrid offences, where the charges can be prosecuted by indictment or summarily.

Key Takeaways

• The punishment for a drug offence depends on the specific circumstances of the case. These circumstances determine whether you are prosecuted summarily or by indictment.
• As outlined by the CDSA, depending on the type of charge, convictions can range from 6 months imprisonment to life incarceration if prosecuted by indictment.
• If prosecuted summarily, then fines can range from $1000 – $2000 depending on the type of charge.
• It is not uncommon for the police to release an individual at the scene with a release order for simple possession charges.
• Bail conditions can include a prohibition on the possession of drugs, alcohol and travelling. More serious drug offences such as drug trafficking can result in stringent conditions such as house arrest and curfew.
• Drug charges can be beaten. Contact a lawyer for assistance in determining the best strategy for you.

How can a drug lawyer in Toronto help?

Navigating the criminal justice system can be intimidating, and hiring a diligent criminal defence lawyer has numerous advantages. Before determining whether to continue with their services, a lawyer will provide you with precharge legal advice. Furthermore, with a lawyer aiding in maneuvering conversations with law enforcement, they will also help protect you against self-incrimination.

Through gathering evidence, interviewing witnesses and if necessary, retaining expert witnesses a lawyer will strengthen your case to be able to represent you at trial better. The abundance of experience a lawyer has in managing both the criminal justice system and court processes is invaluable in gaining the optimal outcome.

Drug Charge in the Controlled Drugs and Substances Act

There are five main types of drug offences outlined under the Controlled Drugs and Substances Act (CDSA). The CDSA further categorize drugs and substances into “schedules” based on their chemical composition and the effects they have once consumed. There are nine schedules out of which Schedule I is the most serious substance in Canada and thereby also possess greater sentences for anyone accused of possessing, trafficking or producing these substances.

Each type of drug offence and their corresponding punishments, as laid out by the CDSA, are further analysed below.

Examples of Drug Charges

Some examples of a drug charge may include the following:

• Drugs were bought with the intent to resell
• A small amount of cocaine was found on your person, for example in your backpack, by the police
• You are found to be involved in an opioid trafficking operation
• You are witnessed receiving a shipment of fentanyl from overseas by an undercover police officer

What are the Consequences of a Drug Charge?

Drug offences constitute a multitude of charges and accordingly, the consequences will vary based on the conviction. More serious cases that are prosecuted by indictment will result in incarceration and the most severe is imprisonment for a maximum of seven years, as indicated by s.4(1) of the CDSA. Less serious charges that are prosecuted summarily can result in fines ranging from $1000 to $2000, or six months incarceration, depending on if it is a repeat offence or not as well as the presence of any aggravating circumstances.

Furthermore, a conviction can result in negative consequences for your future. This may look like travelling or immigration restrictions, particularly in areas where drug offences are taken very seriously, like in the United States. A conviction can also be disadvantageous when securing employment, particularly in fields requiring handling of money or working with vulnerable individuals.

Drug Charge Defences

Depending on the type of drug offence that you are charged with the applicable defences may vary. Furthermore, due to each case’s uniqueness, the strength in applying available defences is reliant on the precise details of the allegations and evidence against you. Some widely applicable defences when fighting drug charges are examined below.

• Factual Innocence: Depending on the specific circumstances of the drug charge, if the facts and evidence are uncorroborated with you being at the scene, interacting with the illicit substance, or any other basic elements of the offence then this will be one of the strongest defences.
• Consent, Knowledge, Control: This defence is used to indicate that you did not consent to, have knowledge, or have control over the drug. Showing that you were unaware that the drug was, in fact, a drug, or that you did not know that a drug was on your person, or that you were pressured to keep the drug where it was found, or that you lacked control over the drug are all indications that may be used to prove this defence.
• Not a Controlled Substance: In some cases, the prosecutor may fail to take the necessary steps to establish beyond a reasonable doubt that the CDSA covered the substance in question. Notably, even if the subject matter is not one listed under the CDSA, you may still be found guilty of trafficking. You may be found guilty of drug trafficking if the subject matter is one listed under the CDSA.
• Any Applicable Charter Defences: Under s.24(2) of the Charter, evidence may be excluded if it is found that your Charter rights and freedoms were violated by the police during the investigative process or before or after your arrest.

Drug Charge Investigation

A routine police stop, a concentrated surveillance operation, a witness report or an anonymous informant, like Crime Stoppers, are various ways that an investigation into drug offences can be initiated.

The severity of drug offence leads the Police Service to take larger preventative measures. If stopped by police, they will routinely inspect for the presence of drugs or drug paraphernalia. Police will further ensure inquiry about all possible trafficking or production leads.

Surveillance and undercover officer operations may be set up to gather evidence if you are suspected of more serious drug offences. A significant amount of both resources and time is needed for such operations to ensure that enough evidence is collected to secure a conviction. A search warrant where your home and vehicle are raided by a team of police in an attempt to seize evidence related to the drug offence is often the culmination of these operations.

The police will provide a “disclosure package” consisting of all the evidence collected against you, to the Crown Prosecutor, upon you being charged. You have the right to access this disclosure package and to be made aware of the evidence against you. Once you have retained one of our lawyers, we will work to gain access to the disclosure package, further assessing the strengths and weaknesses of the Crown’s case to determine any legal defences that may apply to you.

Bail Conditions for Drug Charges

Due to the various charges covered under drug offences, bail conditions will be largely dependent on the specific charge you face under the CDSA. The police may determine to release you at the scene with a release order if it is a case of simple possession. If this occurs then you will be provided with a Promise to Appear document which outlines the charges and the required appearances you must make. This document will further include any conditions that you must follow while on release.

For more serious drug charges, or repeat charges a formal bail hearing may be required to secure a release as it is likely that either the Police or the Crown Prosecutor will ask the Judge to order that you be held in prison until your trial. Once a release is obtained certain restrictions will be applied and you must follow them. These may include, but are not limited to, conditions of a ban on travel, a prohibition on possession of drugs or alcohol, and in more serious cases a curfew or house arrest.

Frequently Asked Questions About Drug Offences

Will a drug charge show on my criminal record while the case is ongoing?

A drug charge will not show up on a criminal record while a case is ongoing, however, it is noteworthy that police databases will likely show that you have been charged with an offence.

How long does a drug case take?

The length of a drug case is reliant on various factors, some of which are the severity of the offence, the complexity of the legal issues and the court and prosecution resources. Larger jurisdictions may have limited court resources which could result in longer wait times to obtain a trial date.

The Supreme Court of Canada has indicated that if you are proceeding to trial and are being prosecuted summarily then the matter should be resolved within 18 months unless exceptional factors have contributed to unusual delays. In more complicated cases with multiple individuals being accused then a case may take over two years for a trial to occur.

What happens if you can’t afford a lawyer in Ontario?

Legal aid and other legal programs are viable options for individuals who cannot afford a lawyer in Ontario. Our lawyers offer flexible payment plans, and for further information please contact our firm.

What is the sentence for drug dealing in Canada?

The severity of the offence will have a large hand in dealing with the sentence. For example, possession of drugs with the intent for selling and/or trafficking has a maximum sentence of life imprisonment. Furthermore, the type of substance will also influence the sentence, for example, if the subject matter is LSD and psilocybin (“magic mushrooms”), then if prosecuted by indictment the maximum sentence is 10 years imprisonment, and if prosecuted summarily then a maximum of 18 months incarceration.

How long do you go to jail for drug possession in Canada?

The specific charge, the severity of the charge, the type of subject matter, and whether it was a first offence or not are some of the factors that play into determining how long you can go to jail for drug possession in Canada.

The CDSA outlines each charge and its associated punishment which range from 6 months imprisonment to life incarceration if prosecuted by indictment.

Related Offences

Drug Possession: Drug possession is one of the charges covered under the CDSA, and it is a drug-related offence. An individual may be charged with this offence if they are found in control of an illicit substance.

Drug Possession for the Purpose of Trafficking: An individual may be charged with this offence if they are found possessing an illicit substance to eventually sell or traffick them. This charge is covered under the CDSA.

Drug Production: Drug production is a charge covered under the CDSA. An individual may be charged with this offence when they are found to produce an illicit substance.

Drug Trafficking: Drug trafficking covers a broad range of offences, all outlined by the CDSA. It can include activities of selling, giving, transporting, administering, transferring, sending and delivering illicit substances.