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80 Atlantic Avenue 4th Floor Toronto, ON M6K 1X9

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info@dalrajbains.ca

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+1 (647) 787-0448

CRIMINAL DEFENCE LAWYERS

Trusted Drug Offence Lawyers
in Toronto & the GTA

Choosing the right Drug Charges lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.

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FACING DRUG CHARGES?
Free, No Obligation, Consultation
We Speak English, Punjabi & Hindi.

We speak English, Punjabi and Hindi. Free, In-Depth, No Obligation, Consultation.

Facing a Drug Charge?
We Can Help.

Dalraj Bains is an experienced Toronto drug charges lawyer providing strong, strategic defence for individuals accused of criminal drug offences across Toronto and the Greater Toronto Area. Being charged with drug possession, possession for the purpose of trafficking, drug trafficking, drug production, or importing controlled substances can put your freedom, employment, and future at serious risk. A conviction may lead to jail time, steep fines, a permanent criminal record, and long-term consequences for travel and professional licensing. Dalraj Bains understands the high stakes involved and delivers focused, confidential legal representation at every stage of the process.

As a dedicated drug offence lawyer in Toronto, Dalraj Bains carefully analyzes the legality of police conduct, including searches, seizures, warrants, wiretaps, and arrests. Many drug cases hinge on Charter violations, unlawful searches, weak disclosure, or issues with possession and knowledge. By challenging the Crown’s evidence and identifying procedural and constitutional flaws, Dalraj Bains works toward charge withdrawals, reductions, alternative resolutions, or a strong defence at trial. If you are facing drug charges in Toronto, acting quickly and retaining an experienced lawyer can make a decisive difference in the outcome of your case.

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Speak With Dalraj for a Confidential, Free, In-Depth Consultation

Your first consultation is strictly confidential and protected by solicitor-client privilege, with no obligation to proceed. During this meeting, Dalraj will:

Review the details of your case.

Answer your questions clearly and honestly.

Explain your legal options and next steps.

Provide a transparent estimate of legal fees.

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About Drug Charges in Ontario

The prosecution of drug or illegal narcotic offences is governed primarily by the Controlled Drugs and Substances Act (CDSA). The Controlled Drugs and Substances Act outlines offences, penalties, and enforcement for illegal substances. Most CDSA offences are prosecuted by the Public Prosecution Services of Canada (PPSC), also known as the Federal Crown. In certain cases, prosecution can be delegated to the Provincial Crown.
It is the Crown’s obligation to establish the substance in question is an illegal drug as defined in the Controlled Drugs and Substances Act (CDSA). The Crown will typically prove the nature of the substance by presenting a “Certificate of Analyst” from a Health Canada analyst who has tested the substance. Although unlikely, there may be a scenario in which the Crown does not tender the “Certificate of Analyst” into evidence at trial, resulting in an acquittal. A visual identification of the substance is insufficient.
The Controlled Drugs and Substances Act (CDSA) defines several offences including, but not limited to:
  • Section 4(1) – Possession of Substance
  • Section 4(2) – Obtaining Substance
  • Section 5(1) – Trafficking in Substance
  • Section 5(2) – Possession for the Purpose of Trafficking
  • Section 6(1) – Importing/Exporting
  • Section 7(1) – Production of Substance
What is Possession?
To establish possession of a controlled substance under the Controlled Drugs and Substances Act in Canada, the Crown must prove two elements: (i) the accused had knowledge of the substance, and (ii) the accused exercised a measure of control over it.
Knowledge is critical in establishing possession. The Crown must demonstrate that the accused was aware of the presence of the substance and its illicit nature. However, certain circumstances may negate the element of knowledge. Some circumstances include: (i) Lack of Awareness of the Substance: If the accused was unaware of the substance’s presence, actual possession cannot be established. (ii) Mistaken Belief About the Substance’s Nature: Knowledge requires awareness that the substance is a controlled drug. These principles ensure that prosecutions under the CDSA focus on the accused’s intent and awareness, balancing legal accountability with fairness in cases of genuine mistake or lack of knowledge.

What is Control?

In addition to knowledge of the illicit substance, the Crown must also prove the person asserted some measure of control over the illicit substance.
Even if the accused does not have actual possession, they may still be deemed to have possession under the doctrine of constructive possession. Constructive possession applies when the accused has knowledge of the substance and exercises control over it, despite not physically having actual possession. As the substance is not in the accused’s direct possession, the Crown may rely on circumstantial evidence.
What is Joint Possession?
According to the Controlled Drugs and Substances Act (CDSA), joint possession occurs when two or more individuals share possession of a controlled substance. To establish joint possession, the Crown must prove that each person had (i) knowledge of the substance, (ii) a degree of control over it, and (iii) consent or contribution to its presence or use. This concept applies to both actual possession and constructive possession. Joint possession is often relevant in cases involving shared spaces, such as homes, vehicles, or common areas.
Illegal Search

In certain cases, the issue is not whether the Crown can prove the illicit substance or knowledge and possession. The issue rather at trial is whether or not the police legally obtained the evidence in accordance with Constitutional standards.

In Canada, the Canadian Charter of Rights and Freedoms guarantees every citizen the right to be free from unreasonable searches and seizures and the right not to be arbitrarily detained by law enforcement. Despite these constitutional protections, individuals may experience arbitrary police stops and unlawful searches of their homes, vehicles, or personal property. When evidence is obtained in violation of an individual’s Charter rights, a court may determine that such evidence is inadmissible at trial.
What is Possession for the Purpose of Trafficking?
Possession for the Purpose of Trafficking is specifically addressed in Section 5(2) of the Controlled Drugs and Substances Act. This offence occurs when an individual possesses a controlled substance with the intent to traffic it, as opposed to possessing it for personal use.
Under section 5(2) of the Controlled Drugs and Substances Act, it is an offence to possess a controlled substance listed in Schedules I to V with the intent to traffic. Trafficking is defined in section 2 of the Controlled Drugs and Substances Act as selling, administering, giving, transferring, transporting, sending, or delivering the substance, or offering to do any of these acts.
In addition to proving knowledge and possession, the Crown must also prove an intent to traffic. Since intent is a mental element, it is typically inferred from circumstantial evidence. Courts may consider factors such as quantity of the drugs, packaging, associated items, location, and may potentially hear expert testimony. If the evidence suggests only personal use, the Crown may struggle to prove intent to traffic, and the charge may be reduced to simple possession under Section 4 of the Controlled Drugs and Substances Act.

If you require assistance on drug related offences, please contact us now for a confidential consultation.

Why Clients Choose Dalraj Bains

At Dalraj Bains Professional Corporation, we understand that facing criminal charges is one of the most stressful experiences you can endure. Here’s why clients trust us to defend their rights and fight for their future:

Relentless Advocacy

Every case starts with a plan. We work closely with you to understand your situation and develop a clear strategy aimed at achieving the outcome you deserve. With our legal expertise and your insight, we’ll build a strong path forward—together.

Proven Experience

With extensive experience in criminal and regulatory law, we handle cases ranging from minor infractions to serious allegations. Our deep knowledge of the legal system and courtroom strategies sets us apart.

Client-Oriented Approach

You are more than a case to us. We listen to your story, answer your questions, and keep you informed every step of the way, ensuring you feel supported and empowered.

Personalized Strategies

No two cases are alike. We craft customized defence plans based on the unique circumstances of your situation, whether it’s negotiating for resolution or preparing for trial.

Accessible and Responsive

Legal challenges don’t wait, and neither do we. Our team is available to provide guidance and support when you need it most, offering clear communication and prompt responses.

Criminal Defence Practice Areas

Our Criminal & Regulatory Law team is committed to defending your rights and guiding you through complex legal challenges. Whether you’re facing criminal charges or navigating regulatory investigations, we provide strategic, results-driven representation to protect your interests and reputation.

Driving Offences

Assault Offences

Sexual Offences

Property Offences

Other Offences

Other Offences

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Contact Dalraj Today.

Choosing the right Drug Charges lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.

 

We serve Toronto, Brampton, Mississauga, Vaughan and the Entire GTA.

 

We speak English, Punjabi and Hindi. 

CALL (647) 787-0448

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We Speak English, Punjabi & Hindi.