In Ontario, drug possession charges are governed by the Controlled Drugs and Substances Act (CDSA), a federal law that regulates controlled substances across Canada.
This means that these charges are Federal, and are administered by a different court than many other charges.
A person commits the offence of possession when they knowingly have a controlled substance in their custody or control, either directly (such as carrying it on their person) or indirectly (such as storing it at home or in a vehicle). The key elements the Crown must prove are: knowledge of the substance, control over it, and the fact that it is a scheduled drug under the CDSA.
Controlled substances are categorized into schedules:
Schedule I includes substances such as cocaine, heroin, fentanyl, and methamphetamine.
Schedule II historically covered cannabis, but most simple cannabis possession is now governed by the Cannabis Act.
Schedule III includes drugs like LSD and psilocybin, while
Schedule IV includes certain prescription medications that are illegal to possess without authorization.
The severity of a possession charge depends on the classification of the drug, the quantity, and the surrounding circumstances.
Penalties for drug possession vary widely. For many substances, the Crown can choose to proceed summarily (less serious) or by indictment (more serious).
Consequences can include fines, probation, jail, and a criminal record, which may affect employment, travel, and immigration status. More serious penalties apply if possession is linked to trafficking, production, or importing, even if the quantity is small.
Defences may involve challenging whether the accused truly knew about the substance, whether they had control over it, or whether police violated Charter rights, such as through an unlawful search.
In some cases, diversion programs or alternative measures may be available for first-time or low-risk offenders.
Adana has worked with many clients to get these types of charges dismissed or addressed in a way that leads to a positive outcome for her clients. She can get to the truth of the matter and put these charges behind you.