Drug Offence Lawyer Toronto
If you’ve been charged with a Drug Offence, you should be actively seeking representation with a Drug Offence Lawyer in Toronto. Drug offences range in severity from low level possession offences (such as possession of marijuana over the prescribed legal limit), to extremely serious drug offences, including importing or producing controlled substances. At the minimum, you are at risk of a permanent criminal record. In the worst of all cases, you are at risk of lengthy penitentiary sentences, up to life in prison.
Summary of the Law
The Controlled Drugs and Substances Act (CDSA) in Canada outlines various offences related to controlled substances, including possession, trafficking, production, and import/export of these substances. The CDSA categorizes substances into different schedules, with Schedule I including drugs like heroin, cocaine, and methamphetamine, and Schedule II previously including cannabis before its legalization under the Cannabis Act.
Types of Drug Offences in Toronto
Possession of a controlled substance is addressed under section 4(1) of the CDSA, which prohibits possession unless authorized. Trafficking and possession for the purpose of trafficking are covered under sections 5(1) and 5(2), respectively. The maximum punishment for trafficking or possession for the purpose of trafficking a Schedule I or II substance is life imprisonment, with mandatory minimum sentences applicable under certain aggravating circumstances, such as involvement with a criminal organization or use of violence.
Sentencing for Drug Offences in Toronto, Canada
Sentencing principles under the CDSA emphasize the maintenance of a just, peaceful, and safe society while encouraging rehabilitation and acknowledging the harm done to victims and the community. Aggravating factors that must be considered during sentencing include the use of weapons, violence, and the involvement of minors R. v. Turner, [2024] N.J. No. 105, R. v. Manhertz, [2023] Q.J. No. 4246, R. v. Jacob, [2025] N.B.J. No. 104.
The sentences for drug offences under the Controlled Drugs and Substances Act (CDSA) in Canada vary depending on the specific offence and the schedule of the drug involved. The CDSA categorizes drugs into different schedules, and the penalties are generally more severe for substances listed in Schedule I, which includes drugs like heroin, cocaine, methamphetamine, and fentanyl.
For possession of a Schedule I substance, the maximum penalty is seven years’ imprisonment if prosecuted by indictment. If prosecuted summarily, the maximum penalty is a $1,000 fine, six months’ imprisonment, or both for a first offence, and a $2,000 fine and one year of imprisonment for subsequent offences. For Schedule II substances, the maximum penalty is five years less a day of imprisonment if prosecuted by indictment, with similar summary conviction penalties as Schedule I.
Trafficking, possession for the purpose of trafficking, importing, and exporting Schedule I substances can result in life imprisonment. There are mandatory minimum sentences for certain offences, such as one year if the offence was committed for the purpose of trafficking or if the offender abused a position of trust. For Schedule II substances, the penalties are generally less severe but still significant, with mandatory minimum sentences applicable under certain conditions.
The CDSA also includes provisions for aggravating factors that can increase the severity of the sentence, such as the involvement of weapons, violence, or the presence of the offence near schools or other places frequented by young persons. Additionally, the Act emphasizes the importance of rehabilitation and treatment in appropriate circumstances, acknowledging the harm done to victims and the community R. v. Nguyen, [2013] O.J. No. 2688.
Overall, the sentencing framework under the CDSA is designed to address the seriousness of drug offences while also considering factors that may warrant harsher penalties or opportunities for rehabilitation. To understand the potential penalties in your specific drug case, consult with a Drug Offence Lawyer in Toronto.
Potential Defences to Drug Offences in Toronto
Potential defences to drug offences in Canada can vary depending on the specifics of the case, but several common defences are frequently raised. These defences can be broadly categorized into those based on the lack of mens rea, procedural errors, and specific legal doctrines.
One common defence is the lack of mens rea, or the absence of a guilty mind. This can include situations where the accused did not knowingly possess the drugs or was unaware of their presence. For example, if the accused can demonstrate that their consumption of drugs was involuntary, this could negate the mens rea required for a conviction.
Another potential defence is entrapment, where the accused argues that law enforcement induced them to commit the offence that they would not have otherwise committed. This defence is particularly relevant in cases involving undercover operations R. v. Taylor, [2015] N.S.J. No. 439.
Procedural defences can also play a significant role. These include challenging the legality of the search and seizure that led to the discovery of the drugs. If the search was conducted without a warrant or if the warrant was improperly obtained, the evidence may be excluded under the Canadian Charter of Rights and Freedoms.
Specific legal doctrines such as the defence of necessity can also be invoked. This defence applies when the accused argues that they committed the offence to avoid a greater harm, and there was no reasonable legal alternative.
In some cases, the defence may argue that the accused was acting under duress or coercion, meaning they were forced to commit the offence under threat of immediate harm R. v. Bagherzadeh, [2016] O.J. No. 7321.
Overall, the defences to drug offences in Canada are varied and can be complex, often requiring a detailed examination of the circumstances surrounding the alleged offence. Consulting a Drug Offence Lawyer in Toronto will pay dividends with your case and developing an air tight defence.
Forfeiture Orders for Drug Offences in Toronto
The CDSA also includes provisions for the forfeiture of offence-related property, such as drugs, paraphernalia, and cash, as outlined in section 16 R. v. Jacob, [2025] N.B.J. No. 104. Additionally, the Act has been amended to align with the Cannabis Act, which legalizes and regulates cannabis, removing it from the CDSA’s Schedule II.
Locating a Drug Offence Lawyer Toronto
Overall, the CDSA provides a comprehensive framework for addressing drug-related offences in Canada. Retain someone with experience in defending drug offences today.
Contact Andrew Captan – Drug Offence Lawyer in Toronto for a free consultation or e-mail his office at andrew@captanlaw.com.
