Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
Possession allegations
The Controlled Drugs and Substances Act regulates possession of scheduled substances; the precise offence depends on the substance, statutory exceptions and surrounding facts.
Trafficking and possession for purpose
Trafficking and possession for the purpose of trafficking are distinct allegations. Quantity, communications, packaging and other evidence may be relevant, but must be assessed in context.
Search and seizure
Police searches, warrants, detention and seized electronic devices can raise issues under the Canadian Charter of Rights and Freedoms.
Resolution and sentencing
Appropriate outcomes can depend on the offence, the evidence, personal circumstances and available court processes. No particular result is promised.
Possession vs. Trafficking
Simple possession means having a controlled substance for your own use. Possession for the purpose of trafficking is far more serious, and the Crown often tries to prove it through quantity, packaging, cash, scales, or phone messages rather than an actual sale.
Since 2022, the law directs police and prosecutors to consider warnings, referrals, and diversion for simple possession, and to prosecute only where those are not appropriate.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Unreasonable search or seizure (Charter s. 8)
- Arbitrary detention (Charter s. 9)
- Knowledge and control: whether the drugs were actually yours
- Whether the evidence supports trafficking or only possession
- Warrant validity and the information used to get it
Common Questions
The drugs were in a car I was driving, not mine.
Possession requires knowledge and control. Being near drugs is not the same as possessing them, and that is often the central issue.
Is cannabis still a crime?
Cannabis is legal for adults within the limits of the Cannabis Act, but possessing over the limit, selling without a licence, and some other activities remain offences.
Will a drug charge affect travel?
It can affect entry to other countries, especially the United States, even without a conviction. Get advice before travelling.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.