Ottawa Drug Possession Lawyer

Drug charges in Ottawa can carry serious, lasting consequences, from a criminal record to jail and restrictions on travel. Many of these cases turn on how the police gathered their evidence, which is often where a strong defence begins. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with drug offences under the Controlled Drugs and Substances Act.

Call 613-884-8576 for a free 30-minute consultation.

Drug Charges Under Canadian Law (the CDSA)

Most drug offences are charged under the federal Controlled Drugs and Substances Act (CDSA). The Act sorts controlled substances into schedules, and the schedule a substance falls under affects how the offence is treated.

The CDSA schedules

Schedule I includes substances such as cocaine, heroin, fentanyl and other opioids. Other schedules cover substances such as certain hallucinogens, benzodiazepines and precursor chemicals. Cannabis is no longer dealt with as a Schedule II drug, because it is now governed by the separate Cannabis Act.

Types of Drug Charges We Defend in Ottawa

• Simple possession. Having a controlled substance for your own use.
• Possession for the purpose of trafficking. Possession combined with an intent to traffic, often inferred from quantity, packaging, scales, cash or phones.
• Trafficking. Selling, giving, transporting, sending or delivering a substance, or offering to do so. No money or profit is required.
• Production or cultivation. Manufacturing, growing or synthesizing a controlled substance.
• Importing or exporting. Bringing a controlled substance into or out of Canada.

What “Possession” Actually Means

To prove possession, the Crown must show knowledge and control. You do not have to own the substance or have it on your body. Possession can be personal, constructive, where the substance is in a place for your use or benefit, or joint, where it is shared with others who know about it and consent. Questions of knowledge and control are often a key battleground in these cases.

Cannabis: Legal but Limited

Cannabis is legal for adults under the Cannabis Act, but within limits. There are rules on how much you can possess in public, the legal age, where it can be bought, and a prohibition on selling or distributing outside the legal framework. Going beyond those limits, or supplying cannabis to a minor, can still be an offence.

Penalties and Consequences of a Conviction

Sentences for drug offences range from a discharge, a fine or probation to jail, and trafficking or production of Schedule I substances can carry up to life imprisonment. The mandatory minimum sentences that once applied to certain drug offences were repealed in 2022, which can give a court more flexibility at sentencing.

Beyond the sentence

A drug conviction creates a criminal record that can affect employment and, for non-citizens, immigration status. It can also affect travel: a drug conviction, and even admitting past drug use to a border officer, can make a person inadmissible to the United States. These collateral consequences are often as important as the sentence itself.

How We Defend Drug Charges

Many drug cases come down to how the evidence was obtained. Section 8 of the Charter protects you from unreasonable search and seizure, and a warrantless search is presumed to be unreasonable. We examine how you and any vehicle or home were searched, whether the police had grounds, and whether any warrant was valid. Where your rights were breached, we can ask the court to exclude the evidence under section 24(2). We also test whether the Crown can prove knowledge and control beyond a reasonable doubt, and we pursue diversion for first-time simple possession where it is available.

Bail and Your First Appearance

After a drug arrest you may be released on conditions or held for a bail hearing. Conditions can affect where you live, who you contact and your ability to travel. Getting advice quickly helps you secure reasonable release terms and protect your defence from the start. Drug charges in Ottawa are dealt with at the courthouse at 161 Elgin Street.

Areas We Serve Across Ottawa

We defend drug charges for clients who live or work across Ottawa, including Centretown, Nepean, Kanata, Barrhaven, Orléans and Gloucester. Ottawa drug cases are prosecuted at the courthouse on Elgin Street, and we assist clients in English and French. Wherever you are in the city, early advice helps protect your rights.

Drug Charges FAQ

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

Simple possession is having a substance for your own use. Possession for the purpose of trafficking means possession combined with an intent to traffic, which the Crown often tries to infer from quantity, packaging, cash or other items.

Can I be charged if the drugs were not mine or not found on me?

Yes. Possession requires knowledge and control, not ownership. Constructive or joint possession can apply where the substance is in a place connected to you, which is often a point of dispute.

Is cannabis legal in Ontario, and can I still be charged?

Cannabis is legal for adults within limits set by the Cannabis Act. Exceeding the possession limits, buying from an illegal source, or selling or supplying outside the legal framework can still be an offence.

Can the police search me or my car without a warrant?

Generally a warrantless search is presumed unreasonable under section 8 of the Charter, though there are limited exceptions. If a search was unlawful, the evidence it produced may be excluded.

Will a drug conviction affect my ability to travel to the United States?

It can. A drug conviction, and even admitting past drug use to a border officer, can make a person inadmissible to the United States. This is an important reason to fight the charge.

Can drug charges be dropped or withdrawn?

Depending on the evidence, charges can be withdrawn or resolved through negotiation, challenged on Charter grounds, or diverted in suitable first-offence cases. Only the Crown can withdraw a charge.

What should I do right after being arrested for a drug charge?

Do not give a statement, use your right to speak with a lawyer, and call a criminal defence lawyer before answering any questions.

Speak With an Ottawa Drug Charges Lawyer

If you have been charged with a drug offence in Ottawa, contact Brett McGarry for a free, no-obligation consultation. Call 613-884-8576 or contact us online.

For more questions about drug charges in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Canada and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.