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 - (2 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 125 reviews fromJessie 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.Annabella FusaroAnnabella Fusaro ★★★★★ Igor Vilkhov was an amazing Lawyer. I met him through one of his colleagues and one thing I can say he fights for your rights and he doesn’t amazing job. He was so patient and kind with me. I’m very grateful for the outcome of my case. May god bless Igor And the amazing work he does.AnnabellaXuan LinXuan Lin ★★★★★ Hello my name is Leon I got charged with SA in 2021 in relation to a young complainant. I have been looking about 10 lawyer all of then is bad and lie all they care is money never help my case .Until I meet Igor I told him what happened he told me no worry he will try his best for help me . And this year May I won the case I just can't believe it Igor is best lawyer he is legendary . Guy you should believe in Igor he is really good. His preparation was meticulous and was acquitted. He saved my life.ChrisChris ★★★★★ The Best Lawyer In my opinion. A legal Tactician in the modern day criminal justice court systems. Very professional service. Great Techniques and Extremely knowledgable and Highly talented and recommended team.I’m 37 old Newfoundlander who is not well spoken but this was an easy to write.Nikolai Wheeler-BalazevNikolai Wheeler-Balazev ★★★★★ I want to start off this review by thanking Mr.Vilkhov for handling my case, Igor got my case resolved in a timely manor, i had previously been going to court for my case for about a year, and when i had gotten Mr.Vilkhov as my lawyer he had my case resolved and all my charges withdrawn in a matter of days. If anybody is looking for a lawyer i would urge you to go with Mr.Vilkhov, he knows what he is doing and knows how to do it quickly.Shannan HarrisonShannan Harrison ★★★★★ Mr. Vilkhov is an outstanding lawyer, I just avoided a lengthy jail sentence because of him. I literally cannot believe what he was able to do for me. The judge in court praised him for his work, thank you so much.Anoop RAnoop R ★★★★★ One of the best law firms in town! Highly recommended. Just retain them. They'll do the rest.ARRARR ★★★★★ I was falsely accused and charged with a serious offence. All it took was just one phone call from the complainant. As an immigrant, it was a nightmare. Fortunately Igor was the first person whom I contacted and I knew he was the one and I retained him. Beware of the lawyers who try to scare you, make you feel insecure. From the first phone call, he never made me feel insecure. He was confident that he can get the work done. Igor and Daniel promptly attended all my court dates. It took a while to achieve the resolution and finally my case was unconditionally withdrawn. I can't thank him enough. As Igor is a busy person, I was getting updates regularly from Daniel. I would give six stars to Daniel. Igor should never let him go. I would definitely recommend this law firm. You might sometimes feel that Igor is late in responding, but he'll be putting all his efforts behind the scene. Just have faith in him. I wish Igor and Daniel all the best.Brandon ABrandon A ★★★★★ Igor was fantastic to work with. He was always very quick to respond and answered any questions I had at any time during the process. I'm so impressed for his amazing and efficient work - he was able to have any charges against me dropped. I highly recommend Igor to anybody that's currently facing legal trouble. He truly exceeded my expectations and I'm so grateful for everything. Thank you Igor!Maria AgasMaria Agas ★★★★★ I was very impressed with his professionalism, swift responses and attention to detail. He was proactive and always communicated next steps. I’m so happy we came across Igor and his team. Igor is amazing and wonderful lawyer.Cindy LiCindy Li ★★★★★ I cannot express my gratitude enough for the exceptional legal representation provided by Igor. Facing wrongful accusations was a harrowing experience, but Igor's expertise and dedication swiftly turned the tide in my favor. He navigated the complexities of the case with professionalism, demonstrating remarkable intelligence and a deep understanding of the legal system. Thanks to his efforts, the charges were withdrawn in a timely manner, allowing me to move forward with my life. Igor is not just a good lawyer; he is an outstanding advocate for his clients. I wholeheartedly recommend his services to anyone in need of top-notch legal assistance.George ArellanoGeorge Arellano ★★★★★ Mr. Vilkhov got my charges withdrawn today after a very stressful time in my life. I hired him because of his reviews and I am not surprised that I got this result. I appreciate him and his team. Igor literally dedicates his entire life for his clients.Latch RamoutarLatch Ramoutar ★★★★★ I am sitting here at 10 Armoury street after my charges were just withdrawn. I cannot thank Igor enough for what he has done for me. This was supposed to be a trial where I was facing a ten year jail sentence. Somehow Igor got my charges dropped. This man is the lawyer you need, hands down. Also a very nice person.Emad MEmad M ★★★★★ Do not blink! Go with him.I know for stressful this process might be an how awful law system might be treating you, also how difficult it might be to trust someone with your “life”.Igor knows what he is doing and he saved my partner and I from false accusations of a jealous individual!He didn’t over charge, he didn’t hold back on any help a lawyer could possibly provide.This man is the best saviour one can ask for in these situations.Christa DuchenoChrista Ducheno ★★★★★ No kidding, if you need an attorney and You want the Best lawyer to defend you and your rights in the legal system I’d definitely recommend you call Igor Vilkhov.I am completely and gratefully satisfied with His professional guidance, knowledge of the complex legal system and most of all for saving my life. I give Igor and his Team my hands heart shout out Thank You for your dedication, I couldn’t have gotten through it without Y’all.Stephanie SchembriStephanie Schembri ★★★★★ Mr.Vilkhov thank you for keeping our family together we are forever gratefulAndreyAndrey ★★★★★ Highly recommend. Fast and reasonableRajveer SinghRajveer Singh ★★★★★ WaheguruKathryn 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 :)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