DEFENDING DRUG POSSESSION CHARGES IN TORONTO
Have you been charged with possession of marijuana, hashish, cocaine, heroin, GHB, ecstasy (MDMA), magic mushrooms, ketamine, or other illegal drugs?
Our results speak for themselves. Rupin Bal Law Professional is recognized by Canadian Lawyer Magazine as one of Canada’s top 10 criminal defense firms.
In 2020, Rupin Bal was voted the Toronto Star’s Readers’ Choice Diamond Award Winner in the category of Best Lawyer. Rupin Bal Law Professional was also voted the 2020 Diamond Award Winner in the category of Best Legal Services.
Rupin Bal is certified as a specialist in criminal law. He regularly defends individuals charged under the Controlled Drugs and Substances Act (CDSA). As such, he is frequently sought out by local and national media outlets to provide insights on drug policy or comment on drug cases in the news.
Our legal team has successfully defended against drug offenses in various regions of the province, making appearances in courts across the GTA, including Newmarket, Oshawa, Brampton, and Milton.
Some recent examples can be found here:
. CBC Radio: Metro Morning, “Pot Pardons?“
. Toronto Star, “Mayor Rob Ford: Cellphone video wouldn’t necessarily lead to charges, lawyer says.”
. The Lawyers Weekly, “Osgoode Hall professor says our pot laws are lagging.”
Rupin Bal Law Professional also has a significant track record of successfully defending against various drug charges. However, every case is distinct and must be approached with an individualized defense strategy. Past successes in other drug cases do not necessarily predict future outcomes.
If you are convicted under Canada’s drug laws, you could face the possibility of acquiring a criminal record, potentially impacting your ability to travel to foreign countries such as the United States of America or the United Kingdom. A drug conviction could also affect your future employability. Serious drug crimes may lead to substantial jail sentences.
Call Rupin Bal to arrange a consultation to discuss your drug-related charge at (416) 297-7200.
To learn more about drug possession or possession for the purpose of trafficking, please read the following article. For more information, please also read my articles on drug trafficking, drug importing, and marijuana grow-operations.
Frequently Asked Questions about Drug Possession Charges
What must the prosecutor prove in a drug case?
In any drug prosecution, the Crown Attorney must first establish that the item in question is indeed an illegal drug as defined by the Controlled Drugs and Substances Act. Possession of drugs such as marijuana, hashish, cocaine, heroin, GHB, ecstasy, magic mushrooms, ketamine, LSD, crystal meth, opium, and others, without a specific medical exemption, is illegal in Canada.
Typically, the Crown proves the nature of the substance alleged to be an illegal drug by submitting the “Certificate of Analysis” from an analyst at Health Canada who has tested the narcotic. A mere statement from a police officer about the appearance of the item is insufficient.
Sometimes, the Crown Attorney overlooks submitting the drug certificate, leading to an acquittal.
Additionally, the Crown Attorney must prove that the person charged was in possession of the illicit drug.
How does the Crown prove actual possession?
To prove someone is in actual possession of a drug, the Crown must demonstrate (i) knowledge of what the item is and (ii) some measure of control over the item.
How is knowledge of the illegal drug proven?
Having an illegal drug in your possession may not establish actual possession if there is doubt about your knowledge of the item. For instance, wearing an item of clothing (such as a jacket or pair of jeans) belonging to a friend or relative without knowing that drugs were left in the pockets would not imply knowledge of the illegal drug.
Another scenario may arise where the person was aware of the item in their possession, but they did not know it was an illegal drug. For example, someone in possession of a bag of marijuana, mistakenly thinking it was a bag of oregano or another type of herb used for cooking, cannot be said to have the requisite knowledge to establish possession of the illicit narcotic.
However, mistaking one type of illegal drug for another is not a valid defense to possession. A person will not be acquitted of possession if they claim they believed they were in possession of cocaine when, in fact, they had heroin.
Must I own the drug to be found guilty of drug possession?
Actual ownership of the drug is not crucial. One can be found in possession of something that belonged to or was “owned” by someone else.
How is control over the illegal drug proven?
Even if the Crown can prove that a person had knowledge of the illegal drug, it must also establish that the person exercised some measure of control over the drug.
Can I be found guilty of possessing a drug not found on me?
Even if someone doesn’t have drugs on their person (actual possession), they can potentially be found in possession if it can be determined that they had both knowledge and control over the drugs (constructive possession).
In cases of constructive possession, where the accused is not in physical possession of the drugs, the necessary knowledge and control must be inferred from other evidence.
For instance, if drugs are found in the glove box of a motor vehicle owned and driven by the accused at the time the drugs were seized, it may be argued that the driver had the requisite knowledge and control over the vehicle, establishing possession of the drugs within it. The same principle applies to an item found inside an accused person’s bedroom or suitcase.
However, in the scenario where drugs are located in the glove box, a passenger in the vehicle may not be found guilty of constructive possession, as they may raise doubt about whether they had either knowledge or control over the illegal substance or the vehicle in which the substance was found.
Can two people be found guilty of possessing the same drug?
Joint possession of an illegal drug can be established when one of two or more persons is found in possession of a drug with the knowledge and consent of the others.
The key difference between joint possession and constructive possession is that constructive possession requires an element of control over the item, whereas joint possession does not require control but rather the consent that someone else exercises control over the item.
A person may be found guilty of joint possession if the evidence reveals that they permitted someone else to hide drugs inside their apartment or store drugs in the glove box of their motor vehicle.
What if I was subject to an illegal search by police?
Quite often, the issue at trial is not whether the Crown can prove the item is an illegal drug or prove that the accused was in possession of the drug. The issue becomes whether or not the police legally obtained the evidence used to