Drug Possession and Trafficking Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
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- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Charged with a drug offence? Tell us what happened.
Drug charges fall under the Controlled Drugs and Substances Act. Simple possession (section 4) and possession for the purpose of trafficking (section 5) are treated very differently: trafficking Schedule I drugs such as cocaine or fentanyl carries up to life. A drug lawyer can test the search and the evidence.
A drug charge can put your job, your travel plans and, for some people, your immigration status at risk. You may not know whether police can use what they found, or how serious your charge really is. A drug possession lawyer can help you understand both.
Aftermath Law defends people charged with possession, possession for the purpose of trafficking and trafficking under federal drug laws. We review how the drugs were found, whether the search was lawful and what the Crown can actually prove.
Many drug charges laid in Mississauga and Brampton are heard at the Brampton courthouse in Peel Region. You can call a lawyer 24/7, including during or right after an arrest.
Charged with a drug offence?
Drug offence guides
7 guidesPenalties
Penalties and consequences
Penalties depend on which schedule the drug is in. Choose the schedule to see the maximum penalties.
SCHEDULE I
Examples: cocaine, fentanyl, heroin, methamphetamine
POSSESSION
Up to 7 years
By indictment
TRAFFICKING
Up to life
Indictable only
Maximums are by indictment. Many of these offences can also be prosecuted summarily, with lower maximums. There are no mandatory minimum sentences for these offences.
Trafficking includes possession for the purpose of trafficking. Cannabis is not in these schedules; it falls under the Cannabis Act.
Federal amendments in 2022 removed mandatory minimum sentences for CDSA offences. Maximum penalties are the most a court can impose, not predictions of what will happen in your case.
These are maximums set by law, not predictions.
- Your home and familyRelease conditions can keep you out of your own home or away from family.
Bail conditions may limit where you go, who you contact and whether you can carry a phone.
We work to have conditions varied. - Your job and licenceEmployers and regulators often ask about charges, not just convictions.We tell you what to disclose, and when.
- Your travel and statusA conviction can affect U.S. entry and immigration status.
If you are not a Canadian citizen, a drug conviction can affect your status. Under s. 36 of the Immigration and Refugee Protection Act, a permanent resident or foreign national may be inadmissible after certain convictions.
These include offences with a maximum of 10 years or more, or a jail sentence over six months. Trafficking offences for Schedule I and II drugs carry a maximum of life. Tell your lawyer about your status at the start so your options can be assessed with this in mind.
We assess this before any resolution. - Your recordA withdrawal, peace bond or discharge is not a conviction.We explain which options may apply to you.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
5 GUIDESThe law
Drug possession (CDSA s. 4): what the Crown must prove
The Crown must prove all three.
The drug. The substance was a drug covered by the law.
You knew. You knew it was there and what it was.
Your control. You had control of it, alone or with someone else.
Read the legal wording
Most drug charges fall under the Controlled Drugs and Substances Act (CDSA). Cannabis is governed by the separate Cannabis Act, not the CDSA.
Possession, CDSA s. 4. The Crown must prove you possessed a controlled substance listed in the Act's schedules. "Possession" has the meaning in Criminal Code s. 4(3). It covers drugs on you, drugs you knowingly keep in another person's custody or in a place, and drugs shared with your knowledge and consent.
That means knowledge and control both matter. Being near drugs, or in a car or home where drugs are found, is not automatically possession.
Read about possession for the purpose (5(2)), trafficking (5(1)) and simple possession.
The allegation
Drug trafficking and possession for the purpose of trafficking (CDSA s. 5)
Trafficking and possession for the purpose of trafficking, CDSA s. 5. Trafficking is defined broadly in s. 2. It includes selling, giving, transferring, transporting, sending or delivering a substance, or offering to do so. For possession for the purpose of trafficking, the Crown must prove possession and an intention to traffic.
Possession or possession for the purpose?
The difference is often about intent, which the Crown usually tries to prove from circumstances. Typical Crown evidence may include:
- The quantity of drugs, compared with what one person might use.
- Packaging, such as many small bags of a similar size.
- Digital scales, cutting agents or score sheets.
- Cash, especially in small denominations.
- Phones, including messages the Crown says show sales.
Each of these can have an innocent explanation. How the evidence fits together, and how it was gathered, is often where a defence begins.
Airport and border cases often involve importing or exporting charges.
THE COURT PROCESS
How your case moves through court in Ontario
Day 1
Arrest and release
Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.
First court date
First appearance
Your lawyer can usually appear for you by filing a designation, so you may not have to attend.
The following weeks
Disclosure
The Crown must share its evidence, such as police notes, video and statements. We review all of it.
Discussions
Crown pre-trial
We meet the Crown to discuss the evidence, its weak points and possible resolutions.
Narrowing the issues
Judicial pre-trial
In many cases, a judge meets with both sides to narrow the issues and plan the next steps.
The outcome
Resolution or trial
The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.
Your options
Possible outcomes
No outcome can be promised, but possible outcomes may include:
No conviction
These outcomes end the case without a criminal conviction.DiversionComplete a program, then the charge is withdrawn.
For simple possession. The CDSA requires police and prosecutors to consider alternatives such as warnings, referrals or diversion for simple possession. In some cases, a charge may be withdrawn.
Charge withdrawn or stayedThe prosecution drops or halts the charge.
Where the evidence is weak or a key issue cannot be proven.
DischargeFound guilty, but no conviction is entered.
Under Criminal Code s. 730 in some possession cases, which is not a conviction.
AcquittalFound not guilty at trial.
At trial if the Crown cannot prove the case beyond a reasonable doubt.
Conviction
These outcomes follow a finding of guilt and leave a criminal record.ConvictionThe court enters a conviction and imposes sentence.
If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.
Depends on the case
These steps can lead to either result.Evidence excludedThe court keeps evidence out of the case.
Under Charter s. 24(2) after an unlawful search, which may end the Crown's case.
Reduced chargeA less serious charge replaces the original.
For example from possession for the purpose to simple possession, where the evidence of intent is weak.
THE CROWN'S VIEW
How the prosecutor looks at a drug charge
Drug charges are prosecuted by the Public Prosecution Service of Canada, which applies its own two-part test. There must be a reasonable prospect of conviction, which the federal guidelines describe as higher than a bare prima facie case, and the prosecution must be in the public interest.
In drug cases, the evidence usually turns on three issues. Was the search lawful under the Charter? Can the prosecutor prove the person knew about the drugs and had control of them? And for trafficking charges, does the evidence really show an intent to sell, rather than personal use? If key evidence was found through an unlawful search, it may be excluded, and the prosecutor must then reassess the case. Our lawyer trained at an Ontario Crown Attorney's Office and reviews drug files with these same questions.
Trafficking in drugs like cocaine or fentanyl carries up to life, which can make a permanent resident inadmissible. See our guide to search and seizure in drug cases.
Your defence
How we defend drug offence charges
Who possessed the drugs? - Criminal Code s. 4(3); CDSA s. 4
In a shared home or vehicle, the location of the drugs is only part of the possession question. Section 4(3) includes knowing possession through another person or in a place for someone’s use or benefit, and shared possession with knowledge and consent. We compare the seizure location, access, messages and other records with the connection the Crown alleges.
The substance and schedule - CDSA ss. 4–5
Possession under section 4(1) concerns substances in Schedules I–III, while trafficking and possession for trafficking under section 5 extend to Schedules I–V. Section 5(1) can also cover substances represented or held out as scheduled drugs. We check the count, alleged substance and laboratory or exhibit records, without assuming every charge requires laboratory identification.
Personal use or trafficking? - CDSA ss. 2 and 5
A sale is not required: the statutory definition of trafficking includes giving, transferring or offering to supply a controlled substance without regulatory authority. Possession for trafficking instead raises the purpose for which the substance was possessed. We examine quantities, packaging, cash, complete messages and the surrounding circumstances rather than treating one feature as decisive.
What authorized the search? - CDSA s. 11; Charter s. 8
Drug searches remain subject to Charter protection against unreasonable search. A section 11 warrant requires reasonable grounds to believe specified drug-related material is in the place to be searched. Certain warrantless powers require the warrant conditions to exist and urgency that makes obtaining a warrant impracticable. We compare the warrant materials, locations, timing and seizure records with what officers actually did.
Detention and access to a lawyer - Charter ss. 9, 10(b) and 24(2)
The Charter protects against arbitrary detention and provides access to counsel without delay on arrest or detention. We compare police notes and video with the stop, rights explanation, requests for counsel and questioning. Excluding evidence under section 24(2) requires the court to decide whether admitting evidence obtained through a breach would bring the administration of justice into disrepute.
A workable release plan - Criminal Code s. 515
Some drug charges require the accused to justify release: section 515(6)(d) includes offences punishable by life under CDSA sections 5–7 and conspiracies to commit them. The proposed plan must clearly address the statutory detention risks, rather than simply offer an address. We review the exact charge, existing orders, residence and support arrangements before discussing release or a change of conditions.
WHAT TO DO NOW
What to do if you have been charged
- Stay silent about the facts. You have the right to silence under Charter s. 7.
- Do not unlock your phone or discuss the case by text or on social media.
- Follow every release condition exactly.
- Keep your paperwork and note your first court date.
- If you are not a Canadian citizen, tell your lawyer right away.
- Call a lawyer before your first appearance so disclosure can be requested early.
PEEL REGION
Drug charges in Peel Region
Drug charges in Peel work differently from most criminal charges. Charges under the Controlled Drugs and Substances Act are prosecuted by the Public Prosecution Service of Canada. This is the federal prosecutor, not the Brampton Crown Attorney's Office. Its Brampton office is at 7685 Hurontario Street, near the courthouse.
The cases are heard at the A. Grenville and William Davis Courthouse in Brampton. That includes cases from Toronto Pearson International Airport, which is in Mississauga. Peel Regional Police lay most drug charges in Mississauga and Brampton, and they also have a division that serves the airport. For simple possession, federal law says police and prosecutors must consider warnings, referrals and other options first. Our Brampton courthouse guide explains how to get your evidence for federal charges and how the court process works.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as no contact or where you must live.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Official sources
8 links
- Controlled Drugs and Substances Act, s. 2 (definitions)
- Controlled Drugs and Substances Act, s. 4 (possession)
- Controlled Drugs and Substances Act, s. 5 (trafficking)
- Controlled Drugs and Substances Act, s. 11 (search warrants)
- Criminal Code, s. 4 (possession)
- Criminal Code, s. 730 (discharges)
- Canadian Charter of Rights and Freedoms
- Immigration and Refugee Protection Act, s. 36
Next steps
Talk to a lawyer today
If you are facing a drug charge, call (647) 223-1980, any time, day or night. Start with a free consultation, and you can book it online.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.
What clients say
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Questions
Frequently asked questions
What is the difference between possession and possession for the purpose of trafficking?
Simple possession means having a controlled substance. Possession for the purpose of trafficking adds an intent to sell or distribute it. The Crown often relies on quantity, packaging, scales, cash and phone messages to argue intent.
Can I get diversion for a drug possession charge?
Possibly. The CDSA requires police and prosecutors to consider alternatives, such as warnings, referrals or diversion, for simple possession. Whether it is offered depends on the case and the Crown.
What if the police searched my car or home without a warrant?
The search may breach Charter s. 8, which protects against unreasonable search and seizure. If it did, a court may exclude the evidence under s. 24(2). This depends on the facts and how the search happened.
Is cannabis still a crime in Ontario?
Cannabis is governed by the federal Cannabis Act, not the CDSA. Some cannabis activities remain offences under that Act. Speak with a lawyer about the specific charge you face.
Can a drug charge affect my immigration status?
Yes, it can. Some convictions may make a permanent resident or foreign national inadmissible. These include offences with a maximum of 10 years or more, or a jail sentence over six months. Get advice early.