Dylan Finlay leads the Strategic Criminal Defence team in Toronto. Our drug offence lawyers examine the evidence and regularly challenge illegal searches.

We fight for the best possible outcome, supported by:

  • Experience in defending more than 1,000 criminal cases.
  • 25 years of combined criminal defence service in the Toronto area.
  • Over 120 five-star Google reviews.
  • 24/7 availability.

If you contact us before speaking to the police, we can begin work immediately to protect your future.

Accused of a drug crime in Toronto? 3 steps that can help right now

If you’ve been accused of a drug crime, these three steps can help your defence in the long run:

  1. Do not agree to an unlawful search of your home or car. Agreeing can give up rights you didn’t have to give up. However, if the police have a valid warrant, reasonable grounds, or something in plain view, they can still lawfully search.
  2. Say nothing about who owns what, or where anything came from. Identify yourself, but you do not have to say any more than that.
  3. Ask for a lawyer right away. Wait for advice from your lawyer before answering any other questions, and follow their instructions closely.

Ideally, speak with your lawyer before you’re charged. Pre-charge legal advice can prevent your situation from becoming worse.

Contact us for a free, no-obligation consultation.

What are the main types of drug offences in Toronto?

Drug offences fall under the Controlled Drugs and Substances Act. This is a federal law, separate from the Criminal Code.

The penalty depends heavily on the type of drug, the amount, and what you were doing with it.

OFFENCE WHAT IT MEANS MAXIMUM PENALTY
Possession (s.4) Having a controlled substance for yourself. Up to 7 years
Trafficking (s.5(1)) Selling, sharing, giving, or transporting a controlled substance. Up to life imprisonment for Schedule I or II drugs
Possession for the purpose of trafficking (s.5(2)) Having a controlled substance with the intent to sell or share it. Up to life imprisonment for Schedule I or II drugs
Importing or exporting (s.6) Bringing a controlled substance into or out of Canada. Up to life imprisonment for Schedule I or II drugs
Production (s.7) Manufacturing, cultivating, or synthesizing a controlled substance. Up to life imprisonment for Schedule I or II drugs

Drugs are classified into schedules, with Schedule 1 substances, such as heroin and cocaine, the most serious. Lower-schedule substances carry lower maximum penalties across all offences.

Simple possession charges are usually hybrid, meaning they can be prosecuted summarily or by indictment. Trafficking, production, and importing or exporting a Schedule I or II drug are straight indictable offences, with no summary option.

Because drugs are regulated federally, not provincially, charges in Ontario are handled by the Public Prosecution Service of Canada. It is separate from the provincial Crown’s office, and it has its own priorities. We know how this system works and how to negotiate within it.

How could a drug conviction impact you?

A conviction usually means a criminal record. This can impact employment, education, travel, immigration status, and more. For more serious offences, it can also mean years in prison.

If drugs were connected to money or property, the Crown could also try to take that property away. This falls under separate proceeds of crime rules.

The passing of Bill C-5 in 2022 removed all mandatory minimum sentences for drug offences. Police and prosecutors must now also consider other options, such as treatment, before laying a simple possession charge.

The drug laws have changed a lot in Canada. To protect your future, it’s best to discuss your case with a Toronto drug lawyer from Strategic Criminal Defence as early as possible.

How can a Strategic Criminal Defence lawyer help?

Most drug cases start with a witness or informant report, a police search, a routine traffic stop, or an ongoing surveillance operation or investigation.

If we’re involved before the police lay charges, we can review the search process and check whether it violated your Charter rights. This is where many drug cases are won or lost.

For simple possession cases, the police should release you with a Notice to Appear after charges are laid.

However, if you’re not released, you’ll need to attend a bail hearing:

  • Men are usually held at the Toronto South Detention Centre.
  • Women are held at the Vanier Centre for Women in Milton.
  • Your bail hearing will be at the Toronto Regional Bail Centre on Finch Avenue West.

Negotiating your release

We can represent you at the bail hearing and work to secure your release.

You may face some conditions while your case progresses through the courts, such as:

  • Regular reporting to a bail supervisor.
  • No contact with co-accused.
  • No possession of drugs or related items.
  • Restrictions on who you can associate with.

We can often negotiate these conditions on your behalf.

Building your defence

Once we have the Crown’s disclosure package, we can review the evidence against you.

We build your defence by:

  • Gathering supporting evidence.
  • Interviewing witnesses.
  • If necessary, retaining expert witnesses.

Can we negotiate a resolution with no criminal record?

Even if you’re charged, your case may not go to trial. We can help you understand whether diversion or a reduced charge is available.

Options may include:

  • Diversion. For simple possession, police and prosecutors must look at other options first. Treatment is one option before a charge moves forward.
  • Withdrawal of charges. The Crown may drop a charge outright. This may happen due to a Charter breach or weak evidence.
  • Reduced or included charge. A trafficking charge may be reduced to simple possession. This can happen if the evidence doesn’t support the bigger charge.
  • A discharge. This can avoid a criminal record, even after a guilty plea. But it isn’t available for offences such as trafficking or production, since their maximum penalties are too high.

Where are drug trials held?

The Ontario Court of Justice on Armoury Street hears most drug charges. Trafficking and production charges involving more serious drugs are indictable. These trials may be before a judge and jury at the Superior Court of Justice on University Avenue.

What defences can beat a drug charge?

Drug cases often come down to how the evidence was gathered.

Common defences include:

DEFENCE WHAT IT MEANS
A Charter breach. Most drug cases turn on whether the police search was lawful. If police searched you, your car, or your home without proper grounds or a valid warrant, the evidence may be thrown out entirely.
Lack of knowledge or control. The Crown must prove you knew about the drugs and had control over them, not just that they were nearby.
No purpose of trafficking. For a possession for the purpose of trafficking charge, the Crown must prove you intended to sell or share the drugs, not just that you had more than a small amount.
Entrapment. If police induced you to commit a crime you wouldn't have otherwise committed, this can be a defence.

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Strong in legal knowledge, outstanding court presence, and great empathy”

“I still remember when I was looking for lawyers in GTA, and most of the lawyers seemed to be busy and didn’t really answer questions in detail. However, Mr. Dylan Finlay was the only lawyer who was caring and honest with explaining me the process so well. If you are looking for someone who is very strong in legal knowledge, outstanding court presence, and great empathy towards the client, I highly recommend Mr. Dylan Finlay.”

N.

“Finally being heard and supported made a real difference”

“I cannot recommend Dylan Finlay’s services enough, and I cannot express my gratitude strongly enough for the support I received…finally being heard and supported made a real difference. The experience was highly tailored to my individual situation, which is rare in this industry. Communication was consistently clear, timely, and informative.“

J.B.

“The result exceeded all expectations”

“I feel very fortunate to find Lorant Kiss from Strategic Criminal Defence. His professionalism, dedication, and honesty guided me through a difficult situation. The result exceeded all expectations, and he was a pleasure to work with throughout. I highly recommend him and his team.”

S.

FAQs about drug charges in Toronto

Not always. Since 2022, police and prosecutors must look at other options, such as treatment, for simple possession. Many first-time possession cases end without a conviction.

Possession means having drugs for yourself. Possession for the purpose of trafficking means the Crown believes you intended to sell or share them, based on things like quantity, packaging, or other evidence. The second charge carries much higher penalties.

No, not just on a hunch. Police need objective, reasonable grounds, such as seeing drugs in plain view or smelling them in a way that suggests a crime. A vague suspicion is not enough. Weak grounds can become a defence in your case.

This can be a real defence, but it’s not automatic. The Crown must prove you knew the drugs were there and had control over them. If you truly had no idea, this can defeat the charge. Knowingly letting someone else’s drugs stay counts as possession.

Contact us for a free, no-obligation consultation.