Drug Charge Lawyers in Barrie

Drug charges cover a wide range: from a possession charge that may never be prosecuted, to possession for the purpose of trafficking or trafficking charges that can carry penitentiary time. Our office is at 31 Clapperton Street in downtown Barrie, a short walk from the courthouse, and every lawyer at the firm defends drug charges.

If police have contacted you about drugs but you have not been charged, don’t give a statement. See should I give a statement to the police?

Who Charges and Who Prosecutes

In the Barrie area, drug charges are laid by the Barrie Police Service, the OPP in the surrounding townships, and South Simcoe Police in Innisfil and Bradford West Gwillimbury. Cases from Barrie and the townships are heard at the Barrie courthouse, 75 Mulcaster Street.

Drug charges under the Controlled Drugs and Substances Act (CDSA) are generally prosecuted by the federal Crown, the Public Prosecution Service of Canada, not the provincial Crown who handles most Criminal Code charges at the courthouse. That affects who we negotiate with and how resolutions work. Where a possession charge is laid together with a provincially prosecuted charge, such as impaired driving, the provincial Crown may handle both.

Simple Possession (s. 4(1))

Since 2022, the CDSA has directed police and prosecutors away from charging people for simple possession:

• Police must consider alternatives first. Before laying a possession charge, an officer must consider taking no action, giving a warning, or, with your consent, referring you to a program or service (s. 10.2).
• Prosecution is limited. A possession prosecution can start or continue only if the prosecutor considers a warning, referral or alternative measures inappropriate and a prosecution appropriate (s. 10.3).

In practice, a possession charge on its own is often not pursued. When it is, or when it comes with other charges, early advice can make a real difference to how it ends.

Possession for the Purpose of Trafficking and Trafficking (s. 5)

These are the serious drug charges. For substances in Schedules I and II, which include fentanyl, cocaine and methamphetamine, the maximum penalty is life imprisonment (s. 5(3)). The CDSA no longer sets mandatory minimum sentences for these offences, so the sentence depends on the facts and on the defence.

Possession for the purpose of trafficking is usually proven circumstantially: quantity, packaging, scales, cash, phones and messages. The defence often turns on two questions:

1. Can the Crown prove possession at all? Knowledge and control are required, which matters in shared homes and vehicles.
2. Was the search lawful? Warrants, vehicle stops and searches on arrest can all be challenged under the Charter, and unlawfully obtained evidence can be excluded. See section 8: unreasonable search and seizure and exclusion of evidence under s. 24(2).

Our drug charges page covers the offences, penalties and defences in more detail.

If Someone Has Been Arrested

Trafficking charges often mean a bail hearing. See our guide to bail hearings in Barrie, and if someone is in custody now, call our toll-free line at 833-527-5369.

Charged with a drug offence in Barrie or Simcoe County? Call 705-721-6642 for a free, confidential consultation.