Drug Lawyer

It is illegal to traffic or possess prohibited drugs or controlled substances in Canada as outlined under the Controlled Drugs and Substances Act (CDSA). While federal law broadly categorizes drug offences into drug possession and trafficking, there are other related charges, including possession with an intent to distribute, importing, and drug production or manufacturing.

Whether you are facing drug possession or drug trafficking charges, drug crimes are serious offences with severe penalties, including life imprisonment. However, for a successful conviction in Ontario, the Crown Attorneys or prosecutors must prove several things beyond a reasonable doubt.

The Subject Item is an Illegal Drug

In an Ontario drug case, the Crown Attorneys must first prove that the item in question is indeed an illegal drug classified under the CDSA. Typically, the prosecution needs to send the ‘drug’ to a certified analyst for forensic determination before accepting it as part of the evidence. The analyst will determine what the substance or item is.

In Canada, unless there is a medical exemption, it is illegal to possess cocaine, ecstasy, heroin, ketamine, or crystal meth, among other controlled substances. Accordingly, the prosecutor must prove that the subject item is among these prohibited drugs. It is not enough for the prosecution to say an item looks like an illegal substance; they must produce a drug certificate. Otherwise, the court will drop the drug charges.

Drug Possession

Besides proving that the item in question is a prohibited drug or a controlled substance, the prosecution must prove that the accused was in possession of the illegal drug. If the charges are for distribution or trafficking, the Crown must also show that the accused was in possession with an intent to distribute.

Generally, proving possession involves the Crown Attorneys showing that the accused individual knew that the item was an illegal drug or a controlled substance, and had some kind of control over the drug. In cases involving distribution charges, proving possession usually comes down to where the police found the drugs and whether other items on the scene indicated ongoing sales or distribution.

Knowledge of Possession

The prosecutor needs to show that the accused individual knowingly possessed the drugs. Typically, simply having an illegal drug on your person is insufficient to show actual drug possession, especially if there is uncertainty regarding the accused person’s knowledge of possession.

For instance, the accused individual may be wearing a borrowed piece of clothing where the owner had illegal drugs in the pockets but forgot to remove them. In such a case, the accused was unaware of the existence of the illegal drugs, and they are not guilty of possession unless the prosecutor can prove otherwise.

Similarly, an accused person can innocently possess an illicit substance or chemical. A driver can transport cocaine on an employer’s instructions while innocently thinking it is sugar. In such cases, the prosecutor must prove that the accused person knew the substance was illegal to establish possession. However, mistaking illegal drugs for other illicit substances is usually an inadmissible legal defence.

Control over the Illegal Drugs

Besides proving possession and establishing the accused person’s knowledge of the illegal drug, the Crown Attorneys need to prove that the individual had some kind of control over the drug. Typically, a person can be guilty of constructive possession where they have knowledge and control of the illegal drug even without actual possession.

In most cases, prosecutors can infer knowledge and control from seized evidence. For instance, where police seize illegal drugs found in a vehicle’s compartment, the Crown can infer from such evidence that the driver had knowledge and control over the drugs, even where they do not own the vehicle.

However, a passenger in the vehicle may be innocent of constructive possession, as they can rightly argue not having control of the vehicle or any knowledge or control over the illegal drugs. Much like the driver’s inferred control over the illicit substances in the vehicle, the Crown can infer knowledge and control over illegal drugs found inside a person’s room or luggage.

Manufacturing and Sales

While some people possess illegal drugs for personal use, others possess them to distribute. While both forms of possessions are serious offences, possession with an intent to distribute or traffic attracts more severe punishment. Accordingly, the Crown must differentiate between simple possession charges and manufacturing or sales charges.

In cases involving manufacturing or sale, the Crown Attorneys must prove that the accused person was also in possession of items they would consider as tools for manufacturing or sales. Such items may include packaging materials, weights, scales, and a considerable amount of cash at the crime scene or on the accused.

In most cases, manufacturing or sale charges involve possession with an intent to distribute. Accordingly, the prosecutor needs to prove that the amount of illegal drug found on the accused person is more than the law considers simple possession. For instance, for drugs like heroin or cocaine, the law considers possession of over an ounce as possession with intent to distribute. Mainly, proving the charge involves submitting the drugs to the relevant authorities for testing and weighing.


Drug crimes, including possession and trafficking, are serious offences with severe consequences, including life imprisonment, social stigmatization, loss of career, and other social and economic losses. Drug investigations and prosecutions are often complex, and considering the serious nature of drug offences, the law requires prosecutors to prove several elements beyond a reasonable doubt for a conviction.

It is crucial to seek the help of a skilled and experienced Ontario drug offence lawyer if you or a loved one is facing drug-related charges. Our qualified and experienced drug offence lawyer at Vilkhov Law will defend your rights while challenging the prosecution on all the elements they need to prove beyond a reasonable doubt. Contact us today to learn more about our services.

By |2022-02-14T17:49:58+00:00February 14th, 2022|Drug Charges|

5/5 - (1 vote)

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