Possession Lawyer Toronto

In a possession case, the Crown is required to prove beyond a reasonable doubt that the accused had knowledge and control of the drugs in question. One can be found to have been in possession of drugs even if actual drugs were not found on one’s person. For example, the drug may be in possession of another person at a specific residence, which the accused has knowledge about.

You can also be charged with possession of the purpose of trafficking without the police having observed the trafficking occurred. View More

Yes. Even a relatively small amount of marijuana for personal use can result in imprisonment for up to 6 months, and monetary fines up to $1000.

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• Factual Innocence: If the Crown is unable to prove the essential elements of the particular offence beyond a reasonable doubt, they will have failed to discharge their burden, and the accused will be acquitted.
• Violation of Charter Rights: Under the Canadian Charter of Rights and Freedoms, individuals are afforded specific rights, including:
  • the right against unreasonable search and seizure;
  • the right to not be arbitrarily detained;
  • the right to be informed promptly of the reasons for arrest;
  • the right to retain and instruct counsel without delay; and
  • the right to be tried within a reasonable time.

A successful Charter challenge may also result in a stay of proceedings, or evidence from your case being excluded.

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• For a Schedule I Substance, the potential penalties are:
  • If Crown proceeds by summary conviction:
    • For a first offence: Maximum fine of $1000 and a term of imprisonment not seeking 6 months
    • For a subsequent offence: Maximum fine of $2000 or to a term of imprisonment not exceeding 1 year, or both.
  • If Crown proceeds by indictment: maximum punishment of 7 years imprisonment.
• For a Schedule II Substance:
  • If Crown proceeds by summary conviction:
    • For a first offence: Maximum fine of $1000 or to a term of imprisonment not exceeding 1 year, or both.
    • For a subsequent offence: Maximum fine of $2000 or to a term of imprisonment not exceeding 1 year, or both.
  • If Crown proceeds by indictment: maximum punishment of 5 years less a day imprisonment
• For a Schedule III Substance:
  • If Crown proceeds by summary conviction:
    • For a first offence: Maximum fine of $1000 or to a term of imprisonment not exceeding 1 year, or both.
    • For a subsequent offence: Maximum fine of $2000 or to a term of imprisonment not exceeding 1 year, or both.
  • If Crown proceeds by indictment: maximum punishment of 3 years imprisonment

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Under the Controlled Drug and Substances Act (CDSA), the possession of illegal drugs and other controlled substances is a punishable criminal offence. Drug Possession may result in conviction, imprisonment and heavy fines.

To be in possession of a substance, one must have knowledge and control of the substance. The definitions of knowledge and control have been intricately defined and interpreted through many years of case law. Many cases have been decided on whether an Accused is in possession of contraband. Possession is a complex area of law with which Caramanna, Friedberg LLP has vast experience. View More

In 2012, amendments to the Controlled Drugs and Substances Act added mandatory minimum penalties for particular drug offences in certain circumstances.

• For Certain Schedule I Offences: the minimums range from 1-3 years, depending on whether aggravating and health and safety factors exist.
• For Certain Schedule II Offences: the minimums range from 6 months - 3 years, depending on whether aggravating and health and safety factors exist.

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