Toronto Drug Lawyers | Possession & Trafficking Charges

Toronto Drug Lawyer: Criminal Defence for Drug Charges in Toronto

At Weisberg Law, we regularly defend clients facing drug-related offences in Toronto and across Ontario. With a depth of knowledge of Canadian drug laws, we are well-equipped to handle cases involving simple possession, trafficking, production, and importation of illegal substances. Our reputation is built on a proven track record of successful outcomes in complex drug cases. We are recognized for our strategic approach, personalized service, and commitment to protecting our clients' rights.

Successful Drug Defence Trials

Here are several examples of successful drug defence cases in which Weisberg Law secured favourable outcomes for our clients:

R. v. L.P.: L.P. was surveilled by police during an investigation into a cocaine trafficking network. A general warrant allowed police to secretly enter L.P.’s residence and vehicles, where they seized a kilogram of cocaine and $500,000 in cash. The charges were dismissed after a week of Charter litigation about the reasonableness of the search, which led to the exclusion of the evidence.
R. v. M.A.: M.A. was identified as a large-scale cocaine trafficker based on information from a confidential informant. A search of M.A.’s residence revealed nearly one kilogram of cocaine and a significant amount of cash. The charges were dismissed after the cross-examination of officers exposed significant weaknesses in the case, including flaws in the search warrant and right to counsel issues.
R. v. B.R.: B.R. faced charges of importing and conspiring to import two kilograms of cocaine. The RCMP conducted a controlled delivery involving undercover operations. B.R. consistently maintained her innocence, claiming she was set up. After a trial, B.R. was found not guilty, as the evidence failed to conclusively prove her involvement.

Why Choose Us as Your Criminal Drug Lawyer in Toronto?

Choosing Weisberg Law Criminal Lawyers LLP as your criminal drug lawyer means opting for a defence team with a deep commitment to your case. Our firm takes pride in a meticulous and thorough approach to every aspect of drug-related charges. We understand that each case is unique, and we tailor our defence strategies to align with the specific circumstances of your situation. Our team excels in uncovering weaknesses in the prosecution’s case, whether it be through challenging the admissibility of evidence, exposing procedural errors, or leveraging expert testimony. Our clients benefit from our extensive experience, innovative defence strategies, and a strong focus on achieving the best possible outcome. At Weisberg Law, we fight tenaciously for your rights, reputation, and future.

Drug Lawyer Toronto

The Controlled Drugs and Substances Act (the “CDSA”) governs drug charges in Canada. The penalties and seriousness of the allegations depend on the type of substance allegedly involved and the action taken. Generally speaking, fentanyl, heroin, cocaine, and methamphetamines will lead to the lengthiest of sentences.

Importing is regarded as the most serious offence, followed by trafficking and possessing drugs for the purpose of trafficking.

New amendments to the CDSA came into force in November of 2012 that demonstrate the government’s tough on crime agenda. Trafficking that involves a youth or that occurs for the benefit of a criminal organization now attracts minimum prison sentences. Importing cocaine and heroin now attract one or two-year minimum sentences depending on the weight of the alleged importation. All drug offences should be treated seriously. Many of these minimum sentences have been struck down by courts as Charter-infringing.

Even a conviction for simple possession of marijuana can impede a person’s ability to travel to the United States. Let’s take a look into more detail regarding what offences our Toronto drug lawyers defend:

What Types of Drug Offences Do We Defend?

We defend against all charges or offences. We have successfully defended against everything from the most basic possession charge to large-scale drug trafficking charges.

Drug trafficking and importing offences carry heavier penalties than most people appreciate. It is important that people facing these serious charges hire the best lawyer they can afford.

What is the Best Defence to a Drug Charge?

We will consider your case carefully, conduct case-specific research, and closely examine the allegations, as well as spend considerable time discussing the allegations with his clients and doing field research. Our goal is to find the best available defence for your charge or offence.

Early in his career, Adam Weisberg successfully defended a cocaine possession for the purpose of trafficking case by attacking the police conduct and use of their Taser weapons. The charges were dismissed due to violations of the accused’s Charter Rights since the police were found to be not credible and have used their Taser weapons in a cruel and unusual manner.

Mr. Weisberg obtained an acquittal for a man accused of possessing two kilograms of cocaine (estimated bulk worth $50,000) because a reasonable doubt was raised as to whether or not there was a police conspiracy behind the cocaine.

In recent years, Mr. Weisberg won a case involving an allegation of possessing over 70 kilograms of cocaine for the purpose of trafficking due to serious section 10(b) Charter breaches. In another case, charges involving trafficking of Oxycodone were stayed due to a section 11(b) Charter breach. And, in another recent case a kilogram of cocaine and several hundreds of thousands of dollars in alleged proceeds were excluded from evidence due to a section 8 Charter breach.

The best defence for a drug case depends on the specific facts of each case. Hiring an experienced and successful criminal lawyer will help you ensure the best results.

The Charter of Rights and Freedoms

The Charter is often relied upon where the prosecution is able to establish possession of the drugs. A capable lawyer will be able to analyze the case to determine if there were violations of the Charter that could potentially lead to an acquittal. In complex cases, there are often search warrants and wiretap authorizations used by the police. If a Charter violation can be demonstrated, it may be possible to have drug charges dismissed depending on the seriousness of the violation.

The most common Charter rights engaged in drug cases are section 8 (search & seizure), section 9 (arbitrary detention), and section 10(b) (rights to counsel). At Weisberg Law we conduct detailed interviews of our clients early on in the process. We want to determine what evidence we need to preserve and who we need to interview. Starting a case the right way can often lead to the best result. Trust an experienced Toronto drug lawyer with a successful track record in criminal defence.

If you or a friend is facing drug charges, contact Adam Weisberg to discuss your case and determine the best defence.

Frequently Asked Questions

In Canada, we have summary and indictable matters. Indictable matters would be similar to a felony in the United States, while summary matters would be similar to misdemeanour charges. Drug possession in Canada (where it does not involve an allegation of trafficking) are always hybrid offences. Hybrid offences allow the prosecutor to choose whether to proceed summarily or by indictment. The sentences available are much higher for indictable matters. Prosecutors will proceed summarily in almost all simple drug possession cases (where the substance is clearly for personal use).

The sentencing for possession of drugs varies greatly across the country. Most people in the Greater Toronto Area will not go to jail for small quantities of drugs (even hard drugs) where there is no intent to traffick or distribute. Jail for addicts is generally reserved for repeat offenders that show little to no signs of rehabilitation, or for offenders with larger quantities of drugs.

For serious drugs such as fentanyl, heroin, and cocaine, the maximum sentence for trafficking is life imprisonment. A life sentence for drug trafficking would be reserved for only the very worst offenders. The sentences for trafficking in fentanyl, heroin, cocaine, etc., will most often be lengthy terms of imprisonment. The length of the sentence is dictated largely by the quantity of drugs involved, the role of the offender, and the offender’s criminal record.

The drugs in the car do not automatically prove possession. In order to prove possession, the prosecution must prove both knowledge and control beyond a reasonable doubt. The prosecution’s task to prove possession is harder than a layperson might think. A criminal lawyer will also analyze the totality of the stop to determine if the police conduct was Charter-compliant. Breaches of Charter rights can lead to the drugs being excluded from evidence and a finding of not guilty.

There are numerous defences to drug possession and drug trafficking. A criminal lawyer can review the grounds for the search warrant and potentially launch a Charter challenge that could exclude the drugs. The prosecutor will also have to prove knowledge and control beyond a reasonable doubt in order to establish possession. Establishing possession is fact specific and much more difficult than most laypersons would believe.

In drug-related cases, the prosecution must present several types of evidence to secure a conviction. This includes proof of the nature of the substance, evidence of possession or control, and proof of the accused's knowledge of the substance's illicit nature.

The prosecution often relies on physical evidence, expert testimony regarding the substance, and any statements made by the accused. Surveillance, witness testimony, and forensic evidence are also commonly used.

It is crucial to remember that any evidence obtained unlawfully, such as through an illegal search or in violation of the Charter of Rights and Freedoms, can be challenged and possibly excluded from the trial.

To establish actual possession, the prosecution must prove that the accused had knowledge of the illicit nature of the substance, as well as control over the drug. This may involve demonstrating that the drugs were found on the person, in their clothing, or in an area under their direct control, such as a vehicle or residence.

Even if drugs are found on your person or within your property it does not mean that possession is proven. Knowledge must still be established which can be difficult for the prosecution to prove.

Proving that the accused knew about the illicit substance is essential for a possession conviction. The prosecution must demonstrate that the accused was aware of the presence and illegal nature of the substance.

This element can be established through circumstantial evidence, such as the accused’s behaviour, communications, or the circumstances under which the drugs were found. For instance, if drugs were hidden in a location only accessible to the accused, it might suggest knowledge.

In some circumstances, the accused person may choose to testify to dispute their knowledge of the substance being present or even being an illicit substance.

Ownership of the drug is not required for a possession conviction. The law distinguishes between ownership and possession; it is enough for the prosecution to prove that the accused had control over the drug and was aware of its presence. This means that even if the drugs belong to someone else, the person in possession can still be charged and convicted.

For example, if drugs are found in a borrowed car, the person driving it could be charged with possession, even if they don’t own the drugs. Being charged is a much lower standard than being proven guilty beyond a reasonable doubt.

The accused may decide to testify in such a circumstance to explain that they were unaware of any drugs being in the borrowed car. An accused always decides whether or not to testify. The burden of proof always remains with the prosecution.

To demonstrate control over an illegal substance, the prosecution must show that the accused had the ability to exercise power over the drug, either directly or through another person. This can involve physical control, such as holding the drugs, or situational control, like having drugs in a location where the accused has access. The prosecution might use evidence such as fingerprints, the location of the drugs, or communications to establish control. The defence can counter by showing that the accused did not have exclusive access to the area where the drugs were found or that they were unaware of the presence of the drugs.

Yes, you can be convicted for drugs that were not physically on you if the prosecution can prove that you had constructive possession. Constructive possession occurs when an individual has knowledge of the drug and the ability to control it, even if it is not physically on their person. For instance, if drugs are found in your home or car, and you are aware of their presence and have control over the location, you could be charged with possession.

The defence might still have arguments or may even call evidence to demonstrate that others had access to the location or that the accused was unaware of the drugs.

Yes, joint possession is possible in drug charges, meaning more than one individual can be held accountable for the same drugs. Joint possession occurs when two or more people have shared control and knowledge of the drug. For example, if drugs are found in a vehicle with multiple passengers, the prosecution might argue that all occupants had joint possession if they had knowledge and control over the drugs. The defence can challenge joint possession by demonstrating that one individual had exclusive control or that others were unaware of the drugs' presence.

If you were searched illegally by the police, you have the right to challenge the search and potentially have the evidence excluded from your case. Under the Canadian Charter of Rights and Freedoms, evidence obtained through an unlawful search may be considered inadmissible. This can significantly weaken the prosecution's case, potentially leading to an acquittal or dismissal of charges. Your lawyer can file a motion to exclude the evidence, arguing that the search violated your Charter Rights.

Yes, the validity of a search warrant can be challenged if there are grounds to believe that it was improperly issued or executed. Common challenges include arguing that the warrant was based on insufficient evidence, that the information used to obtain the warrant was misleading or false, or that the police exceeded the scope of the warrant during the search. If a court finds that the warrant was invalid, any evidence obtained during the search may be excluded from trial. Successfully challenging a search warrant can be a crucial defence strategy in drug-related cases.

The legal difference between simple possession and intent to traffic lies in the purpose and quantity of the drugs involved. Simple possession generally refers to holding a small amount of drugs for personal use, while intent to traffic involves possession of a larger quantity of drugs, suggesting an intention to distribute. The prosecution must prove intent to traffic by presenting evidence such as the amount of drugs, packaging materials, scales, large sums of money, or communication records indicating drug transactions. Defending against intent to traffic charges often involves challenging the evidence and arguing that the drugs were intended for personal use, not distribution.

The sentences for possession versus intent to traffic differ significantly in Canadian law. Simple possession can result in fines, probation, or a maximum of six months to five years of imprisonment, depending on the substance and quantity. In contrast, intent to traffic is a much more serious offence, with penalties that can include several years in prison, particularly for large-scale operations or dangerous drugs like cocaine or fentanyl. The specific sentence will depend on various factors, including the accused's criminal history, the amount of drugs involved, and whether there were aggravating factors like trafficking near schools. Defending against these charges requires a thorough understanding of the law and a strategic approach to minimize penalties.

We are conveniently located in Toronto’s Financial District. The Yonge/King TTC Subway Station is nearby and there is plenty of paid parking available in the area.

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Toronto Drug Lawyer: Criminal Defence for Drug Charges in Toronto

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