If you are facing drug charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
Drug offences in Canada include possession, trafficking, production, importation, and exportation of controlled substances.
They are covered under the Controlled Drugs and Substances Act (CDSA).
Drugs in Canada are under federal jurisdiction so charges must be negotiated with the Federal Crown Prosecutors, rather than Provincial. Many drug charges are hybrid, which means the Crown can decide to process it as a summary or indictable offence.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of drug offences beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto drug lawyer today by calling (403) 719-6410.
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 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 strict conditions such as house arrest and curfew.
- Drug charges can be beaten. Contact Strategic Criminal Defence lawyer today to help determine the best strategy for you.
How can a drug offence lawyer in Toronto help?
Navigating the criminal justice system can be intimidating, and hiring a Strategic Criminal Defence lawyer has numerous advantages. Before determining whether to continue with their services, we can provide you with precharge legal advice. We can also help manage conversations with law enforcement, to help protect you against self-incrimination.
Through gathering evidence, interviewing witnesses and if necessary, retaining expert witnesses our team will strengthen your case.
Drug Offence Charges in the Controlled Drugs and Substances Act
According to the Controlled Drugs and Substances Act:
Possession
4 (1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
Trafficking in substance
5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
Production of substance
7 (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
To stay up to date on changes in criminal law and the CDSA, visit our Toronto criminal defence blog.
Examples of Drug Offence Charges
If you live in Toronto, here are some drug-related activities that could lead to charges:
- 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
Consequences of a Drug Offence Charge
Drug offences cover lots of different charges and accordingly, the consequences will vary based on the conviction.
More serious cases that are prosecuted by indictment will likely result in incarceration. 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.
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 impact securing employment, particularly in fields requiring handling of money or working with vulnerable individuals.
Drug Offence Charge Defences
There are a number of legal defences that could help you if you have been charged with a drug crime in Canada.
Here are some ways you might be able to defend yourself against drug charges:
- 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 argue 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.
- 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 Offence 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 Offence 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.
