brampton-drug-possession

When it comes to media attention on drug trafficking, Brampton and Mississauga, Ontario, often make national news. In 2022, the cities were linked to:

  • A drug raid that seized $65 million in drugs and resulted in 20 arrests on trafficking and other charges.
  • A $12 million drug bust with four trafficking arrests.
  • A Peel Regional Police operation that seized $25 million worth of drugs and led to five trafficking arrests.

The cities were linked to some additional major police operations in 2023, including $67 million and $6 million drug busts that included drug trafficking arrests of Brampton residents. Given the exceptionally harsh penalties that Ontario drug laws mandate upon conviction, it can be assumed that those arrested hired a highly competent drug trafficking lawyer.

When it comes to media attention on drug possession charges, Brampton and Mississauga rarely make the news – not for any lack of drug possession arrests, however, as Statistics Canada reported that Peel Regional Police arrested over 1,000 people on drug possession charges in 2022. While it’s unclear how many of those arrested were from Brampton or Mississauga, the bulk of the Peel Region’s population nonetheless resides in those cities.

No matter where Peel Police laid possession-related drug charges—Brampton, Mississauga, or Caledon—those arrested sought out an experienced drug crime lawyer, as Caledon, Mississauga, and Brampton court systems tend to take a hard line on drug possession, and may even hand down harsh sentences for possession of small amounts of illegal drugs.

Navigating Legal Charges of Drug Possession in Brampton

The Controlled Drugs and Substances Act, Ontario-wise and throughout Canada, regulates illegal drug activity by prohibiting possessing, trafficking, importing, exporting, and producing the 100s of different drugs and substances listed under the Act. Listed drugs and substances are categorized by “Schedule” according to their perceived threat to the public.

Schedule I covers the ones considered most life-threatening and likely to be abused. These include methamphetamine, cocaine, fentanyl, heroin, and most other opioids. Schedule II drugs also have a high potential for abuse, and pose a significant risk to users. Drugs and substances in this category include synthetic cannabinoid receptor type 1 agonists, their salts, derivatives, isomers, and related derivatives.

Schedule III drugs include hallucinogens like LSD and magic mushrooms, which may have a moderate potential for harm and/or abuse.

Drug possession under the Act is defined under Section 4 (1), which states, “[e]xcept as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.”

The “authorized under the regulations” segment of this definition accounts for any legal medical or scientific use of the listed drugs and substances. To determine what constitutes “possession” under the law, the Act refers to Subsection 4(3) of the Criminal Code, which states:

“a person has anything in possession when he has it in his personal possession or knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.”

The Legal Penalties for Drug Possession

Drug possession in Canada is a hybrid offence, which means that it can be charged as either a summary conviction offence or as the higher tier, more punishing indictable offence.

Maximum penalties are established according to drug schedules. Schedule I, II, and III drug possession carry a respective seven-, five-, and three-year maximum prison sentence upon conviction if charged as an indictable offence. As a summary conviction offence, all three drug schedules carry a maximum $1,000 fine and/or six months imprisonment, while subsequent convictions carry a maximum $2,000 fine and/or one-year imprisonment.

Judges are required to consider several aggravating factors to determine an appropriate sentence. If a judge decides not to sentence a convicted offender to imprisonment despite the existence of one or more aggravating factors, they are required to explain why in their decision. Aggravating factors that combine with drug possession to influence harsher sentencing and likely prison time include:

  • Possession, use, or threat of using a weapon.
  • Actual or threatened violence.
  • Previous drug convictions.
  • Using the services of a minor in the commission of the offence.

In some cases, a judge may also consider the quantity of possessed drugs as an aggravating or mitigating factor for determining sentencing decisions.

Drug Possession Defence in Brampton, and the Rest of the Peel Region

If Peel Regional Police arrest you on drug charges, it’s essential to contact a skilled drug possession lawyer as soon as possible. The most important drug offence legal advice to keep in mind before such contact is to avoid making any statements to police and/or prosecutors until you’ve spoken with your drug law legal representation.

Brampton, Mississauga, and Caledon police precincts may not obstruct your Charter Right to keep silent until consulting with a lawyer. Let your lawyer know if they try to impel you to talk and impede your ability to seek legal counsel swiftly.

As part of your defence, your lawyer may try to negotiate a settlement, especially if the Crown’s evidence seems weak or flawed. The Crown may also be amenable to a settlement if the charges are a first-time offence. Elements of the Drug Act legislation encourage favourable settlements if the offender agrees to participate in a drug treatment program.

If settlement does not appear viable, your lawyer will need to strategize an effective defence to challenge the charges. To secure a conviction, the Crown must prove beyond a reasonable doubt that you had knowledge of, or control over, the drug(s) and that the substance(s) are scheduled under the Act. Your lawyer can raise doubt by showing that you did not know that you possessed the drugs, that you had no control over them, or that you did not know that the substance was a controlled drug.

Your lawyer may also be able to challenge police handling and testing of the alleged substance, which might throw its inclusion as a Scheduled drug into doubt. Drug testing under the Act must follow strict legal protocols to ensure the validity of the findings – any errors and mistakes police make in testing can invalidate the substance for evidentiary purposes.

Another drug possession defence strategy could involve Charter Rights violations, which police frequently commit during searches and seizures of drugs, with or without a warrant. The police must follow strict protocols in conducting searches and seizures, and evidence seized can be excluded at trial if they fail to comply with the Charter.

An effective defence is crucial for securing a positive outcome in drug possession cases. If you’ve been charged with drug possession anywhere in the Greater Toronto Area, secure the skilled legal representation offered by an experienced criminal lawyer — Brampton, Mississauga, and Caledon residents can call for a free, confidential consultation.

By |2024-02-06T21:13:46+00:00February 12th, 2024|Drug Charges|

5/5 - (3 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 146 reviews fromnnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!Ryan WiltonRyan Wilton ★★★★★ Igor Vilkhov and his associate Joel Prajs has been an absolutely amazing lawyers to work with, they've saved me copious amounts of grief on my legal matters.Their diligence to my matter and their ability to work with me and my schedule were greatly appreciated.I'd give them higher than 5 star rating if I could, my new number 1 lawyer!!Dennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.MARK SINGHMARK SINGH ★★★★★ Igor Vilkov, was the calm in a storm that I thought would never pass. Mr Vilkov always made sure to answer all my questions a concerns . When incarcerated Mr Vilkov always kept in touch with my family . Without his expertise I would have never received such a favourable sentence . He was able to get me a non costodaial sentence for 3 serious charges that could have had me locked up for 2 years or more . Mr Vilkov truly cares about his client's a there family and not just about fees . I would recommend Mr Vilkov to anyone who has been charged he is a true professional.Thompson RanjitsinghThompson Ranjitsingh ★★★★★ Very great SA lawyer very reliable .he will do a very good job in getting you acquitted. Thanks a million igorJoshua RJoshua R ★★★★★ Best lawyer out there thank you for fighting my caseLydia RanjitsinghLydia Ranjitsingh ★★★★★ He's a very good lawyers, he got my son charges drop.Thank youthompson “Aaliyah R.” ranjitsinghthompson “Aaliyah R.” ranjitsingh ★★★★★ KK ★★★★★ So thankful that he got the job done and with reasonable pricing, he was so helpful and respectful throughout the whole process. 5 stars well earned.Sami Life Style (SamSam)Sami Life Style (SamSam) ★★★★★ I was facing very serious charges and was represented by Mr. Prajs. Mr. Prajs and the whole team at Vilkhov law vigorously defended me at trial and my charges were withdrawn. I can recommend Mr. Prajs and the whole Vilkhov team to anyone facing serious allegations.Ysabel AtienzaYsabel Atienza ★★★★★ Igor displays a level of professionalism, knowledge and dedication that puts his clients at ease during a very stressful time. His expertise in criminal law is unparalleled. What sets him apart is his unwavering commitment to his clients. He genuinely cares about his clients’ well-being and will go above and beyond for you!Kevin DKevin D ★★★★★ Igor is a great lawyer and has provided valuable guidance throughout my experience with him. He has always been honest and straightforward which I appreciate very much. I would recommend him to anyone looking for a successful outcome.Narmatha SNarmatha S ★★★★★ Igor is a dedicated and intelligent lawyer, known for his commitment to his clients.I've witnessed firsthand his incredible work ethic and professionalism, which sets a high standard in the legal field. His ability to meticulously research cases and articulate arguments convincingly is truly impressive!Fred BalmerFred Balmer ★★★★★ Experience with Vilkhov Law was great, Igor made all my charges get dropped without any issues. I would highly recommend this firm to everyoneDavinder GillDavinder Gill ★★★★★ Ecem KokEcem Kok ★★★★★ My experience with Vilkhov Law was nothing short of exceptional. Facing a daunting legal battle, looking at significant jail time and scared, I sought Igor Vilkhov's expertise based on his stellar reputation in criminal law. From the initial consultation to the trial, every step was handled with precision and care. His deep knowledge of the law and strategic approach gave me confidence throughout.In a pivotal moment during my case, Igor Vilkhov's dedication and expertise truly shone through, resulting in a favorable outcome that exceeded my expectations. His communication was clear and timely, keeping me informed and reassured at every turn.I am immensely grateful to Igor Vilkhov and the entire team at Vilkhov Law for his unwavering support and tireless effort. His professionalism and commitment are second to none. If you find yourself in need of expert legal representation, look no further than Vilkhov Law. He is simply the best.Rhea OXXORhea OXXO ★★★★★ Jessie TeixeiraJessie Teixeira ★★★★★ I would like to thank Igor Vilkhov and his dedicated team for their professional assistance in dealing with my matter. I could not be happier about the way my matter was handled and am very satisfied with the result.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top