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Possession Of Drugs And Controlled Substances Lawyer In Toronto

Mississauga, Brampton and Newmarket Possession of Drugs Lawyer

Cocaine, Heroin, Crystal Meth, MDMA, Fentanyl

Charges of possession of a drug or a controlled substance are very serious matters that require representation by the most experienced defence counsel. Crown prosecutors vigorously pursue these cases, and you will need an effective and well-prepared defence to counter the Crown's case.

Since 1985, I have been defending clients throughout the Greater Toronto Area facing a variety of serious drug and controlled substance charges, including cocaine, heroin, crystal meth, MDMA, fentanyl and other drugs and controlled substances.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your drug or controlled substance case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in most cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

Information on getting assistance from Legal Aid Ontario is available here.

Protecting Your Rights in Drug Offence Cases

When you hire me to handle your drug possession defence, I will work with you to gain a full understanding of your case. We will discuss how you came into possession of the drugs and under what circumstances. I will build the best possible defence strategy and pursue every legal option available to you to protect your interests.

In some cases, a challenge on the basis of illegal search or seizure for lack of reasonable and probable grounds is appropriate. In other cases, a defence may be made out that you did not know that the drugs were on your person or in your belongings. I will closely examine the unique issues in your case and build a defence specifically designed to address them.

More information on your Charter rights is available here.

My goal is always to win an acquittal for you, and I won't recommend a plea bargain unless I believe that it is the best option in your case and there is no chance for an acquittal.


If the Crown has a compelling and overwhelming case against you, I will work to minimize the impact on your freedom and your future.

What is the Offence of Possession of a Drug or a Controlled Substance?

Section 4(1) of the Controlled Drug and Substances Act makes it an offence for anyone to be in possession of a drug or substance included in Schedule I, Schedule II, or Schedule III of the Controlled Drugs and Substances Act.

Schedule I of the Controlled Drugs and Substances Act sets out the most serious drugs, including cocaine, heroin, crystal meth, MDMA, and fentanyl.

What is the Sentence for Possession of a Schedule I Controlled Drug or Substance?

Subsection 4(3) of the Controlled Drugs and Substances Act provides as follows:

4(3) Every person who contravenes subsection (1) where the subject-matter of the offence is a substance included in Schedule I

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years; or

(b) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both, and

(ii) for a subsequent offence, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year, or to both.

Should I Call for Medical Assistance or Contact the Police if I, or Someone Known to Me, is Feeling Ill as a Result of Using Drugs or a Controlled Substance?

Section 4.1 of the Controlled Drugs and Substances Act effectively excuses the possession of a drug or a controlled substance, or the breach of a court Order, if the evidence is discovered because of a "medical emergency".

A "medical emergency" is defined in subsection 4.1(1) of the Controlled Drugs and Substances Act to mean a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

The applicable subsections of Section 4.1 of the Controlled Drugs and Substances Act provide as follows:

4.1. (2) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.

(3) The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

(4) No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 4(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

(5) Any condition of a person's pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 4(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person's, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.

Pre-Trial Charter Applications

Often, the best defence to a criminal charge involves a challenge to the investigation that resulted in the arrest of the accused or the collection of evidence against the accused. The police are not allowed to breach the rights that are guaranteed to the accused by the Canadian Charter of Rights and Freedoms.

I will investigate any possible Charter breaches by carefully reviewing the Crown disclosure documents, including the documents used by the police to obtain search warrants for the home, car or other property of the accused, and the documents used by the police to obtain production orders, such as for cell phone records and wiretap authorizations.

If I detect any violation of the Charter rights of the accused or violation of acceptable investigative procedures established by the courts, I will proceed with an application asking for the exclusion of evidence from the trial of the accused obtained illegally by the police, including the statements of the accused and other evidence seized during the investigation.

I have an established reputation for success in pre-trial applications. Winning a Charter application will result in the exclusion of evidence if the court determines that not excluding the evidence will bring the administration of justice into disrepute. The exclusion of evidence often results in a finding of not guilty if the Crown's remaining evidence is insufficient to prove that the accused committed the offence beyond a reasonable doubt.

I have the necessary experience, research skills, writing skills, and advocacy skills to prepare and effectively argue pre-trial Charter applications. The value of legal writing skills cannot be overstated since proceeding with pre-trial Charter applications will require the preparation of several documents including a Notice of Application, an Affidavit, and a Factum setting out the relevant facts and summarizing the relevant case law.

Call Defence Lawyer Anthony De Marco for a Free Consultation

Contact my Toronto, Ontario, office today to discuss your drug or controlled substance case. I offer a free 30-minute consultation. For your convenience, I offer reasonable payment plans. I also accept Legal Aid in most cases. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or by e-mail.

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