Charges · Drug possession · Ontario
What happens after a drug possession charge in Ontario?
What it means, what usually happens next, and what to bring to the first call.
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In short
- Possession means the police say you had a controlled substance and knew it was there; possession “for the purpose of trafficking” (s. 5) adds an alleged intent to sell.
- Small personal-use amounts are often diverted away from court in Ontario; trafficking charges are not.
- Drug charges in Ontario are prosecuted by the federal Crown, not the provincial one.
What usually happens next
- At the scene
Search and seizure Police may search the person or vehicle and take items as evidence, including phones and cash. Items taken are usually listed.
- First hour
Arrest and rights The person is told the reason for the arrest and the right to speak to a lawyer privately. Police must give a chance to call one.
- Next few hours
Which charge The charge depends on what was found and how much. Possession and possession for the purpose of trafficking are treated very differently.
- Before release
Released or held Smaller possession cases are often released with papers. Trafficking-type charges are more often held for a bail hearing.
- Afterwards
Seized property Seized items are usually kept until the case ends or a court orders them returned.
What should you bring to the first call?
How it works in Ontario
Which court hears it in Ontario
In Ontario a possession charge starts in the Ontario Court of Justice, where the court says Controlled Drugs and Substances Act cases begin. The Court runs drug treatment courts that offer court-monitored treatment and an alternative to incarceration.
Bail in Ontario
An Ontario possession case where someone is held goes to an Ontario bail hearing, where Legal Aid Ontario duty counsel can represent the person at that bail hearing.
Programs and diversion in Ontario
Ontario’s specialized courts include Drug Treatment Courts and Community Support Courts, which can deal with both mental health and addiction; a person who wants Community Support Court applies to the local Crown Attorney. Mental Health Court’s main shared element is mental health diversion.
The local process in Ontario
Ontario’s court list for the day shows where a possession case is heard; Legal Aid Ontario certificates cover a charge that could lead to jail for those who qualify financially. Ontario lists every courthouse and its hours on ontario.ca.
What do we see with drug possession charges?
People often don’t know whether they were charged with simple possession or possession for the purpose of trafficking — the paper says which, and the difference is large. When you call, we read the charge with you, ask about the release conditions, and open the file. The federal Crown handles drug charges; the first steps are the same as any other charge.
What do people ask about drug possession charges?
Can the police search my phone?
Generally, police need a search warrant to search the contents of a phone, even if the phone is seized at the time of arrest.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; any texts, photos or messages about it; any paper about property the police took.
Is there diversion for simple drug possession in Ontario?
Possession charges in Ontario are prosecuted federally. Federal guideline 5.13 (August 2020) directs prosecutors to focus prosecution on the most serious possession cases, those raising public safety concerns, and otherwise to pursue suitable alternative measures and diversion.
Who speaks for the prosecution at a bail hearing in Ontario?
Most bail hearings in Ontario are held in the Ontario Court of Justice, with a Crown attorney speaking for the prosecution.
What is a Drug Treatment Court in Ontario?
It is one of the Ontario Court of Justice’s specialized courts. The court says it operates specialized or therapeutic courts dealing with problematic substance use, among others, in Ontario.
Sources
Ontario sources
- Ontario Court of Justice, criminal court overview, accessed October 15, 2026
- Ontario Court of Justice, specialized courts, accessed October 15, 2026
- Legal Aid Ontario, criminal legal issues, accessed October 15, 2026
- Ontario court locations and daily court lists, accessed October 8, 2026
- Steps to Justice (CLEO), accessed September 22, 2026
- PPSC Deskbook guideline 5.13 (August 2020), accessed September 22, 2026
Federal law sources
- Controlled Drugs and Substances Act, ss. 4–5, accessed September 22, 2026
- Public Prosecution Service of Canada, drug prosecutions, accessed September 22, 2026
- Public Prosecution Service of Canada — areas of prosecution, accessed September 22, 2026
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