Drug Charges Lawyer in Toronto

Drug charges in Toronto range from a few grams found during a traffic stop to trafficking and production cases built over months of surveillance. The penalties range just as widely, from a diversion program that leaves no record to years in prison. Avi Baratz has defended people charged under the Controlled Drugs and Substances Act across Toronto for more than 20 years and knows where these cases can be challenged.

Drug Charges We Defend in Toronto

Most drug offences are prosecuted under the Controlled Drugs and Substances Act (CDSA). Common charges include:

• Possession: having a controlled substance such as cocaine, fentanyl, MDMA or methamphetamine.
• Possession for the purpose of trafficking: possession with an alleged intent to sell or distribute.
• Trafficking: selling, giving, transporting or offering a drug, including offering a substance held out to be a drug.
• Production: growing or manufacturing a controlled substance.
• Cannabis offences: selling outside the licensed system, or possessing more than the legal limit, under the Cannabis Act.

Where Toronto Drug Cases Are Heard

Most Toronto drug charges are heard at the Ontario Court of Justice at 10 Armoury Street, just north of City Hall. More serious trafficking and production cases may proceed to the Superior Court of Justice at 361 University Avenue. If you are held for bail after arrest, the hearing usually takes place at the Toronto Region Bail Centre at 2201 Finch Avenue West.

Toronto also has a Drug Treatment Court, which lets some people whose charges are tied to addiction resolve their case through supervised treatment rather than jail. Whether that path is right for you depends on the charge, your record and your circumstances.

Who Prosecutes Drug Charges

Drug charges are prosecuted by federal Crown prosecutors from the Public Prosecution Service of Canada, not the provincial Crown who handles most other criminal charges. When drug charges come with Criminal Code charges, such as weapons or proceeds of crime, both prosecutors may be involved in your case.

Possession vs. Trafficking: Why the Charge Matters

The gap between simple possession and possession for the purpose of trafficking is often the most important issue in the case. Police point to quantity, packaging, scales, cash and messages on a phone. Each of these can have an innocent explanation, and each is open to challenge.

For simple possession, the CDSA now directs police and prosecutors to consider warnings, referrals to treatment or diversion before laying or continuing a charge. Many first-time possession cases in Toronto are resolved without a criminal record.

How We Defend Drug Charges

Drug cases are usually won or lost on how police found the evidence. We review the disclosure for issues such as:

• whether the search of your car, home, phone or person was lawful, and whether any warrant was properly obtained
• whether a tip from an informant was reliable enough to justify the search
• whether you actually knew about and controlled the drugs, especially in a shared car, apartment or condo
• whether the chain of custody and lab analysis are reliable
• whether the evidence supports trafficking rather than personal use
• whether you were told about your right to a lawyer and allowed to speak with one

When police breach the Charter, a judge can exclude the evidence. In a drug case, that often leaves the Crown with no case to prove.

Penalties and Consequences

Penalties depend on the drug, the amount, the activity alleged and your record. Outcomes range from a withdrawal, diversion or discharge to a conditional sentence or jail for serious trafficking and production. A conviction can also bring a weapons prohibition, forfeiture of cash or property, travel restrictions, and serious consequences for anyone who is not a Canadian citizen.

Contact a Toronto Drug Charges Lawyer

If you have been charged with possession, trafficking, production or another drug offence anywhere in Toronto, contact Baratz Law for a confidential consultation. Our office is at 5000 Yonge Street, Suite 1901. Call 416-937-3777 or email avi@baratzlaw.com. We are available 24 hours a day.