Your Drug Offence Lawyer Serving Brampton

Yes. A charge for drug possession in Ontario is possible even though you did not have drugs physically located on your body. In order to prove "constructive possession", the Crown will need to demonstrate that the accused was aware of the presence of the controlled substance and had some degree of control over it. Constructive possession does occur when there are multiple individuals involved in the same vehicle, home, backpack, etc.

Simple possession of an illegal substance typically involves the individual's intended use of that substance personally. A trafficking charge may include activities associated with providing, distributing, delivering, or supplying drugs to another person. Possession for the purpose of trafficking (PPT) is also considered a form of possession; however, PPT is generally a greater offense than simple possession due to supporting factors including but limited to, amounts of drugs seized in excess of typical amounts, cash, packaging materials, scales, etc., or communications indicative of drug distribution activity.

The police will not always have the right to search your car at all times. There are times when a lawful search can occur after a legal arrest, with a search warrant, or if the officer has probable cause that there is evidence of criminal activity. It's also very likely that in most drug cases, there will be illegal searches conducted by the police as well as Charter violations. If the police violate a person's Charter rights in Canada then this could lead to the exclusion of important evidence from the case.

Yes. In addition to legal implications within the court system, drug offences are associated with serious long-term implications outside of the court. Employers commonly conduct criminal background checks on applicants for many types of jobs which include those requiring security clearance, working with vulnerable individuals, operating vehicles as part of their job duties, or obtaining and maintaining professional licenses. In addition, an individual's immigration status is at risk and they may face travel restrictions, such as difficulty entering the U.S., in conjunction with drug convictions.

Possibly. Many times in drug cases there are numerous areas where an individual's rights were possibly violated by law enforcement. The areas include search and seizure, detention, wiretapping, surveillance, confidential informant activities and the procedures used by police. A violation of an individuals Charter rights can result in exclusion of some of the evidence against them as well as possible reduction or dismissal of the charges based upon how serious the breach was and what the other facts of the case are.