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|

Rate this post

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 114 reviews fromRajveer SinghRajveer Singh ★★★★★ WaheguruAlyssa TolentinoAlyssa Tolentino ★★★★★ Igor is an incredibly professional, yet empathetic lawyer — I retained his services for charges laid against someone close to me, and would make that decision time and time again! He pays attention to every detail, and will be by your side to get the best outcome possible. You’re in good hands with him.Kathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.Saira JawaidSaira Jawaid ★★★★★ Igor is a good friend and colleague of mine that has helped me tremendously in my legal profession. I can always rely on him for any legal related questions. I’ve personally worked with him and I can say with confidence he is a hard working, dedicated, result focused lawyer. Keep up the hard work!Daniel SlobodkinDaniel Slobodkin ★★★★★ I have known Mr. Vilkhov in a professional and personal capacity for several years. Mr. Vilkhov is a well-respected and devoted criminal lawyer who prioritizes the success and livelihood of his clients. Mr. Vilkhov goes out of his way and makes time, at all times of day, to tend to the needs of his clients. Mr. Vilkhov is a diligent lawyer I would recommend to anyone dealing with a criminal matter. Well-spoken, confident, methodical and professional are qualities that only begin to scratch the surface of Mr. Vilkhov's criminal law practice and his character at whole.mike cookmike cook ★★★★★ I can’t say enough good things about my experience with Mr. vilkhov he truly takes pride in his work and did his absolute best to work on my case and get me the best deal I would recommend him to everyone. Hiring Mr .vilkhow will be the best decision for anyone to make he’s truly amazing at what he does .Amina HuseynovaAmina Huseynova ★★★★★ I've known Igor professionally for a long time, one of the most dedicated criminal lawyers I have met. He gets amazing results for his clients and I would recommend anyone who is looking to hire him.maddy mmaddy m ★★★★★ I am international student in Canada, six months ago I was falsely accused of SA and I was charged. I had never dealt with all this in my life and I started looking for a lawyer. I spoke too more than 50 lawyers all over ontario and every lawyer I spoke to tried to scare me and told me that I am a dead meat here and this thing is definitely going to trial and were only interested in talking about their fees. Mr Vilkhov patiently heard my case and told me that there is a high possibility of getting the case withdrawn . He was straightforward and honest. He convinced me after one call that he is the right lawyer for me to retain. He charged a very reasonable fee which he let me pay in installments. He kept me well informed about my case in every stage. Mr. Vilkhov and Daniel from his team were my constant support. Every message and every phone call was answered.Mr Vilkhov got the charges withdrawn!!! My case was in a jurisdictions were cases like these never get withdrawn. But Mr. Vilkhov gave his best and got the charges withdrawn without any conditions. I cannot thank Vilkhov law professional for giving my life back! Mr. Vilkhov is very knowledgeable and he is the lawyer you need by your side when you need it the most! He wins when you need it the most! Thank you Vilkhov law corporation!Jay ModiJay Modi ★★★★★ Igor and his team exceeded my expectations, efficiently getting all charges dropped in my case. His timely responses, coupled with Daniel's eloquence, made for an exceptional first-time experience with a lawyer. They provided a unique blend of empathy and straightforwardness that instilled confidence throughout the legal process. Highly recommendable for anyone in need of a criminal justice lawyer.Naqib PopalNaqib Popal ★★★★★ I just left Brampton courthouse. I was acquitted of 11 charges after a long trial. Igor Vilkhov absolutely killed it during the entire trial. If it wasn’t for him, I would be going to jail. Thank you so much for your work, you ensured the truth came out. Thank you, you got me my life back.Chad AllanChad Allan ★★★★★ Igor got me an amazing deal, he was always communicating with me and updating me about my case, he got me the deal of a lifetime and I can’t him enough. If you are reading this and you are thinking about who to hire, just call him, he is the right lawyer for you.Jamie LewisJamie Lewis ★★★★★ If you need a lawyer who is actually going to work for you, and get results go with Igor at Vilkhov Law. He was very patient and understanding and knows his stuff. I was facing a huge fine which would have devastated me financially for years to come, but with his passionate submission to crown on my behalf he was able to get the fine reduced by 90%. His colleagues he works with are amazing too. Thank you so much for all of your help through this matter Igor! You truely have saved my future. I appreciate it beyond measure! All the best in the future!js_loader


“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

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