Drug Trafficking & Possession Defence

Fighting Drug Charges in Ontario

Drug offences in Canada range from simple possession for personal use to large-scale international trafficking conspiracies. The penalties escalate dramatically based on the type and quantity of the substance, the nature of the activity, and any aggravating circumstances. At Mor Fisher, we defend the full spectrum of drug charges and focus on identifying the constitutional and evidentiary weaknesses in the Crown’s case.

Types of Drug Charges

Simple Possession (Section 4(1) CDSA)

Possession of a controlled substance for personal use. While cannabis has been legalized in limited quantities, possession of other substances — cocaine, methamphetamine, fentanyl, MDMA, heroin, and others — remains a criminal offence. Penalties depend on the substance and whether the Crown proceeds summarily or by indictment.

Possession for the Purpose of Trafficking (Section 5(2) CDSA)

This charge arises when the Crown alleges that you possessed drugs with the intention of selling, giving, or otherwise distributing them. The Crown infers “purpose of trafficking” from circumstantial evidence — the quantity of drugs, the presence of scales, baggies, large amounts of cash, multiple cell phones, and debt lists. We challenge these inferences vigorously.

Trafficking (Section 5(1) CDSA)

The actual sale, gift, administration, transport, or delivery of a controlled substance to another person. This includes acting as a middleman or facilitator, even if you never personally handled the drugs.

Production (Section 7 CDSA)

Manufacturing, synthesizing, or growing a controlled substance — including operating a clandestine drug lab or a cannabis grow operation beyond legal limits.

Importation / Exportation (Section 6 CDSA)

Bringing controlled substances into or out of Canada. These are among the most serious drug offences and carry mandatory minimum sentences — including a minimum of 1 year imprisonment for importation of Schedule I substances (cocaine, heroin, fentanyl, methamphetamine).

Penalties and Mandatory Minimums

Drug sentencing in Canada depends heavily on the substance involved (organized by Schedules under the CDSA), the quantity, and the nature of the offence:

• Trafficking in Schedule I substances (cocaine, heroin, fentanyl, meth): Maximum of life imprisonment. Mandatory minimums of 1-2 years apply in certain aggravating circumstances (near a school, involvement of a minor, connection to organized crime, use of a weapon).
• Trafficking in Schedule II substances (cannabis beyond legal limits): Maximum of 14 years for indictable offences.
• Simple possession of Schedule I: Maximum of 7 years on indictment.
• Production of Schedule I or II: Mandatory minimums ranging from 18 months to 3 years depending on the substance and aggravating factors.

The Power of the Charter

The majority of drug cases are won or lost on the legality of the police investigation. We focus heavily on Section 8 of the Charter, which protects you from unreasonable search and seizure. If the search that uncovered the drugs was unconstitutional, the drugs themselves can be excluded as evidence — and without the drugs, there is no case.

1. Challenging Search Warrants

If your home, vehicle, or electronic devices were searched under a warrant, we obtain and scrutinize the Information to Obtain (ITO) — the document the police swore before a justice to get the warrant. We look for:

• Reliance on unreliable confidential informants without adequate corroboration
• Stale information that no longer provided reasonable grounds at the time the warrant was obtained
• Misleading or incomplete information presented to the issuing justice
• Errors in the description of the place to be searched or the items to be seized

If the warrant is found to be defective, we bring a Garofoli application to have the evidence excluded.

2. Warrantless Searches

Police frequently conduct searches without a warrant, particularly during traffic stops, street-level investigations, and arrests. Each type of warrantless search has strict legal requirements:

• Search incident to arrest: The arrest must be lawful, and the search must be truly “incidental” to it.
• Plain view: The officer must have been lawfully present and the contraband must have been immediately apparent.
• Safety searches: Limited pat-down searches are only permissible where the officer has an articulable safety concern.
• Vehicle searches: Searching a vehicle requires more than a mere hunch — the police must have legal grounds.
• Drug-detection dogs: The deployment of a drug-sniffing dog is itself a “search” under the Charter and requires at least reasonable suspicion.

We analyze every step of the interaction between you and the police to determine whether the search was lawful.

3. Wiretap and Surveillance Evidence

Large-scale drug investigations routinely involve Part VI authorizations (wiretaps), tracking warrants, production orders for phone and financial records, and undercover operations. Each of these investigative techniques requires specific judicial authorization and must comply with strict procedural requirements. We review the authorizations and the underlying sworn materials to identify deficiencies.

4. Challenging Possession: Knowledge and Control

The Crown must prove beyond a reasonable doubt that you had knowledge of the substance and control over it. In cases involving shared vehicles, residences, storage units, or common areas, proving who actually possessed the drugs can be the Crown’s most difficult challenge. We scrutinize the evidence connecting you to the substance — fingerprints (or lack thereof), DNA, proximity, statements, and patterns of behaviour.

5. Challenging “Purpose of Trafficking”

The line between possession for personal use and possession for the purpose of trafficking can mean the difference between a discharge and years in prison. We challenge the Crown’s inference of trafficking by presenting evidence of personal use patterns, addiction, the quantity involved (relative to personal use), and the absence of typical trafficking indicators.

Proceeds of Crime and Forfeiture

Drug charges often come with proceeds of crime allegations and applications to forfeit cash, vehicles, or other property. We defend against forfeiture applications and work to protect your assets.

Why Early Representation Matters

In drug cases, the investigation often precedes the arrest by weeks or months. If you become aware that you are under investigation — or if you have been arrested — contact us immediately. Early involvement allows us to:

• Advise you on your rights during the investigation
• Begin identifying Charter issues before disclosure is received
• Prepare for bail and argue against restrictive conditions
• Develop a defence strategy from the outset

Related Resources

• Your Charter Rights in a Criminal Case — deep dive on Section 8 search and seizure arguments that are central to drug cases
• Firearms Offences Defence — firearms charges frequently accompany drug trafficking investigations
• Bail Hearings & Reviews — drug trafficking charges often involve contested bail hearings and reverse onus situations
• Criminal Appeals — challenging a conviction or sentence in the appellate courts

Facing drug charges? Contact us 24/7 for a confidential evaluation of your case.