Drug Lawyer in Mississauga

Drug charges are prosecuted aggressively, but they are also some of the most technically defensible cases in criminal law. Most of the Crown’s evidence comes from a search: of your car, your home, your phone or your luggage. If police got it wrong, the evidence can be excluded and the case can collapse. The drug lawyers on our criminal defence team defend possession, trafficking, production and importing charges across Mississauga and Peel Region.

Call 905-361-9791 or book a consultation. Service in English and Arabic.

Drug offences under the CDSA

Most drug charges are laid under the Controlled Drugs and Substances Act (CDSA). Unlike most criminal charges, they are prosecuted by federal Crown attorneys from the Public Prosecution Service of Canada, not the provincial Crown.

Offence	CDSA section	Maximum for Schedule I drugs (cocaine, fentanyl, heroin, methamphetamine)
Possession	s. 4	7 years (indictable)
Trafficking	s. 5(1)	Life imprisonment
Possession for the purpose of trafficking	s. 5(2)	Life imprisonment
Importing or exporting	s. 6	Life imprisonment
Production	s. 7	Life imprisonment

Penalties are lower for drugs in Schedules III and IV, such as some prescription drugs. Cannabis offences, like selling without a licence or possessing more than the legal limit, now fall under the Cannabis Act.

In 2022, Parliament repealed the mandatory minimum sentences for CDSA offences and directed police and prosecutors to consider warnings and diversion for simple possession. That makes early, skilled advocacy more valuable than ever.

Drug possession charges

To prove possession, the Crown must show that you knew about the drug and had control over it. Possession can be:

Personal: in your pocket or bag.
Constructive: in a place you control, like your car or bedroom.
Joint: shared with others who knew and consented.

Being near drugs is not enough. If drugs are found in a shared car or apartment, the Crown must prove you in particular knew they were there and had a measure of control over them. This is often where possession cases are won.

Drug trafficking and possession for the purpose of trafficking

Trafficking includes selling, giving, transferring, transporting, sending or delivering a controlled substance, or offering to do any of these. You don’t need to have been paid. When police find drugs but no sale, they often charge possession for the purpose of trafficking and rely on circumstantial evidence:

The quantity and how it is packaged.
Scales, baggies and cash.
Text messages and phone records.
An expert police opinion that the amount is inconsistent with personal use.

Each of these can be challenged. Heavy users can possess large amounts. Cash has innocent explanations. Police expert opinions have limits.

Importing charges and Toronto Pearson Airport

Toronto Pearson International Airport is in Mississauga. Drugs found by the Canada Border Services Agency in luggage, parcels or cargo lead to importing charges that are prosecuted in the Brampton courthouse. These cases often turn on whether the accused knew the drugs were there. We look closely at how the bag was packed, who else had access, and the traveller’s own account.

How drug charges are defended

Unlawful search (Charter s. 8). Warrantless searches of cars, homes and phones must be justified. Sniffer-dog searches need reasonable suspicion.
Challenging the warrant (a Garofoli application). We test whether the information police gave the justice was enough to issue the warrant, including tips from confidential informants.
Arbitrary detention (s. 9) and the right to counsel (s. 10(b)). Drug stops that turn into fishing expeditions often breach these rights.
Exclusion of evidence (s. 24(2)). If the court finds a Charter breach serious enough, the drugs themselves can be excluded, leaving the Crown with no case.
Knowledge and control. Especially in shared spaces, rental cars and luggage cases.
Entrapment. Police can’t offer someone the chance to sell drugs without reasonable suspicion, particularly in dial-a-dope investigations.
Continuity and lab analysis. Gaps in how exhibits were handled, or problems with the Health Canada analysis, can undermine the case.

Immigration consequences of drug charges

Trafficking, possession for the purpose of trafficking, importing and production all carry maximum sentences of life for Schedule I drugs. A conviction can make a permanent resident or foreign national inadmissible to Canada for serious criminality. Because Rashidy & Associates also has an immigration law practice, we can structure your defence and any plea with your status in mind.

Why choose Rashidy & Associates

Detailed Charter litigation. We review every warrant, note and video.
Criminal and immigration expertise in the same firm.
English and Arabic service.
Experience at the Brampton courthouse and in the Superior Court of Justice.
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Frequently asked questions

Is simple drug possession still a crime in Ontario?

Yes. Possession of Schedule I drugs like cocaine or fentanyl is still an offence under the CDSA. Ontario is not part of any decriminalization exemption. Police and prosecutors are now required to consider warnings and diversion, especially for first-time cases.

What is the difference between trafficking and possession for the purpose of trafficking?

Trafficking requires an actual transfer or offer. Possession for the purpose means the Crown says you had the drugs intending to sell or transfer them. Both carry the same maximum sentence.

Can I be charged if drugs were found in someone else’s car?

Yes, but the Crown must prove you knew the drugs were there and had some control over them. Being a passenger is not enough by itself.

Will I go to jail for a first-time drug offence?

For simple possession, jail is uncommon for first offenders and diversion or a discharge is often possible. Trafficking is more serious, but conditional sentences are available again for many cases since the 2022 amendments.

Who prosecutes drug charges in Mississauga?

CDSA charges are prosecuted by the federal Public Prosecution Service of Canada at the Brampton courthouse. Criminal Code charges laid at the same time, such as possessing proceeds of crime, may be handled with them.