Drug Possession Defences in Ontario
Arrested for Drug Possession? Your Defence Starts Here
If you have been charged with drug possession under the Controlled Drugs and Substances Act (CDSA), you need to understand that the right legal defence can change everything. The police and Crown must prove every element of the offence, and in many cases, they fail to meet that burden. With over a decade of defending drug-related charges in Brampton, I know how to challenge unlawful police conduct, expose weaknesses in the Crown’s evidence, and build a defence strategy that protects your rights from day one.
If you are under investigation or have been charged, call me immediately at (437) 998-1429 for confidential legal advice.
Understanding Drug Possession Charges
Drug possession under the CDSA is far more complex than being found near a controlled substance. The law requires the Crown to prove knowledge, consent, and control, and any gaps in the evidence open the door to a strong defence.
What Qualifies as “Possession”
Possession can be:
- Actual possession – the drugs are found on you.
- Constructive possession – drugs found in a place you control, such as your vehicle or residence.
- Joint possession – more than one person exercising control over the substance.
In every case, the Crown must prove you knew the substance was there and had some level of control over it.
Types of Controlled Substances Under the CDSA
I represent clients charged with possession involving:
- Cocaine
- Fentanyl
- Heroin
- Methamphetamine
- Oxycodone / Percocet
- MDMA / Ecstasy
- Ketamine
- GHB
- Prescription medications without authorization
Cannabis (when exceeding legal limits or purchased unlawfully)
Simple Possession vs. Possession for Trafficking
While this page focuses on possession, many clients are accused of possessing drugs for trafficking based on quantity, packaging, text messages, or cash. Even in those cases, possession defences apply—and can often lead to the trafficking component being withdrawn.
Your Rights When Charged With Drug Possession
Your Charter rights are a critical part of your defence. Many drug cases rely on searches, stops, and detentions that violate these rights.
Charter Rights and Police Conduct
Police must comply with the Canadian Charter of Rights and Freedoms during:
- Searches
- Arrests
- Detentions
- Interrogations
If they don’t, any evidence they obtain may be excluded.
Unlawful Search, Seizure, and Detention
Common Charter violations include:
- Searching your vehicle without reasonable grounds
- Searching your home without a valid warrant
- Random or arbitrary detentions
- Improper roadside stops
Seizing property without lawful authority
Right to Counsel
You must be allowed to speak with a lawyer immediately. Failure to allow this can result in the entire case being dismissed.
Common Legal Defences for Drug Possession
Every possession charge has potential weaknesses. Below are the most effective defences I use when representing clients charged under the CDSA.
No Knowledge or Control of the Substance
If you did not know the drugs were present—or had no control over them—you cannot be convicted.
Illegal Search and Seizure (Charter s. 8)
If police violated your privacy rights, I can file a motion to exclude the drug evidence entirely.
Breach of Arrest or Detention Rights (Charter s. 9 & 10)
Unlawful detention, unreasonable delay, or failure to provide access to counsel can lead to charges being withdrawn.
Lack of Possession – Drugs Belonging to Someone Else
In shared spaces, proving ownership becomes extremely difficult for the Crown.
Entrapment
If police induced, pressured, or encouraged the offence, the charge may be stayed.
Continuity or Evidence Handling Issues
Breaks in the “chain of custody” or contamination of evidence can undermine the Crown’s case.
Authorized or Medical Possession
In some cases, prescriptions or legal exemptions apply.
How I Built a Strong Drug Possession Defence
I take a meticulous, evidence-driven approach to every case.
Reviewing Police Conduct
I examine every step taken by police to determine whether their actions violated your Charter rights.
Identifying Charter Breaches
I frequently challenge unlawful searches, improper detentions, and questionable warrants.
Challenging Forensic Evidence
Lab results, drug identification, and continuity records must meet strict evidentiary standards.
Analyzing Crown Disclosure for Weaknesses
I carefully assess police notes, witness statements, and surveillance to identify gaps and inconsistencies.
Penalties for Drug Possession in Ontario
The consequences depend on the substance, the amount, and your criminal history.
Factors Affecting Sentencing
Type of drug
- Quantity
- Prior record
- Circumstances of arrest
Addiction or mental health background
First-Time Offenders
Many first offenders can avoid a criminal record with the right defence strategy.
Aggravating Circumstances
Large quantities
- Association with trafficking indicators
- Possession near schools
Weapon involvement
Possible Outcomes
Depending on the strength of your defence, outcomes may include:
- Withdrawals
- Diversion / Alternative Measures
- Conditional or absolute discharges
- Reduced charges
- Acquittal after trial
When Drug Possession Can Be Reduced or Withdrawn
In many cases, possession charges do not proceed to conviction.
Diversion Programs
Rehabilitation, counselling, or treatment programs can lead to withdrawal for eligible clients.
Charter Violations
If police violated your rights, the evidence may be excluded, resulting in the case being dismissed.
Insufficient Evidence
If the Crown cannot prove knowledge, control, or continuity, they may withdraw the charge or offer a reduced resolution.
Why Choose Navdeep Dhindsa for Your Drug Possession Defence
With more than 10 years of defending CDSA offences in Brampton, I bring:
Personalized, one-on-one representation
- Deep knowledge of drug possession laws
- Extensive experience challenging unlawful searches
- A strong record of dismissals, withdrawals, and favourable resolutions
- A commitment to protecting your rights at every stage
I handle every case personally—your defence is never handed off to a junior lawyer or assistant.
Charged With Drug Possession? Let Me Protect Your Future
A drug possession charge can affect your immigration status, career, travel, and reputation. You need experienced legal defence immediately.
Call me at (437) 998-1429 for a confidential consultation, and I will guide you through your next steps and begin preparing your defence right away.
Frequently Asked Questions
No. Always speak with a lawyer before saying anything.
Not necessarily. Many clients receive diversion or discharge.
I will review disclosure, discuss resolution options, and begin building your defence.
Immediately, early intervention can significantly affect your outcome.
Yes—many possession cases are withdrawn due to Charter breaches or weak evidence.
If you had no knowledge or control, the Crown cannot prove possession.
Proof of authorized possession may result in an immediate withdrawal.