Early this year, the Toronto Police Service announced the largest cocaine seizure in the service’s history. The operation involved the seizure of over 835 kilograms of cocaine with a street value of about $83 million. Roughly half the drugs were found in an 18-wheeler truck after it crossed the U.S.-Canadian border, while the police seized the remaining drugs during drug raids of Toronto-area stash houses. Police charged four Canadians and two Mexican nationals with possession of a Schedule I drug for trafficking and have warrants for the arrests of three other suspects on similar charges.
If eventually convicted of the charges, the suspects face a maximum penalty of life imprisonment. For the sake of argument, let’s assume that one of the defendants nabbed in a drug raid is innocent. Perhaps he’d stopped by the house to share a beer with his drug-dealing buddy and had no idea that he was in immediate proximity to millions of dollars of cocaine. Does his mere presence at the site of a successful drug raid provide police and the Crown enough evidence to secure a conviction?
Such a scenario is not necessarily uncommon, says criminal defence lawyer Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang law firm. “We’ve represented innocent clients swept up and arrested in drug raids who had no idea that there were drugs in the house.”
“Fortunately,” says Mass Tsang managing partner Jeff Mass , “mere presence isn’t enough to prove guilt. Canadian law requires the Crown to prove evidence of possession, knowledge of, or control over the drugs. That said, drugs found in common areas of a home during a drug raid complicate things and increase the likelihood that the Crown might try to make charges stick.”
If you’re swept up and arrested during a police drug raid in the Greater Toronto Area, you should always secure the legal services of a skilled criminal defence drug lawyer , like the ones at Mass Tsang. The following primer details what you need to know about your rights during a drug raid and other information about the police procedure.
In Canada, police define a drug raid as any law enforcement operation conducted to disrupt illegal drug activities—possession, production, trafficking, or distribution—regulated by the Controlled Drugs and Substances Act . Drug raids are usually authorized by a search warrant issued by a judge based on “reasonable grounds” that illegal drugs and/or related evidence are present at a specific location, like a home or business.
Police usually plan drug raids carefully in advance and may involve multiple officers, law enforcement agencies, and specialized drug enforcement teams. Raids must comply with Section 8 of the Canadian Charter of Rights and Freedoms, which provides Canadians the right to be secure against unreasonable search or seizure. If police fail to follow proper search protocols, don’t truly have reasonable grounds for the search, use excessive force, or otherwise violate the Charter Rights of anyone arrested, defendants can move to have related evidence excluded from trial or for court dismissal of the charges.
The extent of police planning for a drug raid depends largely on the suspected scope of illegal activities and what police need to build a case and secure a search warrant. Police typically begin by opening an investigation and gathering evidence to establish “reasonable grounds” that suggest the presence of drugs and illegal drug activities at the location. The investigation and evidence gathering typically include:
With enough evidence, police can secure a search warrant and begin planning the raid. If evidence suggests large-scale drug activity, planning is intricate, with police carefully detailing subjects like:
Smaller-scale drug raids consider similar factors during the planning stage commiserate with the scope of suspected drug activity and known characteristics of the suspects.
Every Canadian drug raid differs in size and scope due to the wide variabilities in drug amounts, type, offence, location, suspect characteristics, and numerous other factors. A drug raid can be as simple as a couple of officers politely knocking on the door with a search warrant to conduct a search of the living room for a suspected small stash of drugs. Or it can be a multi-agency raid with dozens of heavily armed officers breaking down doors, quickly restraining occupants, and spending hours systematically combing through every inch of the property.
Officer safety and evidence preservation are priorities during a search, so police first focus on locating and, if needed, restraining all occupants. Once this is done, police systematically search for whatever drugs, paraphernalia, cash, weapons, documents, and other evidence of drug activity are included in the search warrant. Police may try to question occupants on-site or at the police station and will release or detain suspects according to their known or suspected connection with any illegal drugs found.
Drug raids are often a chaotic and confusing event during which police may detain, arrest, and search those found in the designated search area. If you’re caught up in a raid, knowing your Charter Rights and taking advantage of them is essential. Drug raids targeting your own home or property can potentially violate your right to privacy, including the Section 8 Charter protections against unreasonable searches. While there’s probably not much you can do to assert this right during a raid, try to take note of all police actions during it so that you can provide a detailed account to your defence lawyer.
Second, you have the right to remain silent and have no obligations to answer any questions asked by officers beyond identifying yourself. You should always assert this right to ensure that you do not inadvertently incriminate yourself. Third, you have the right to secure legal counsel. Police must inform you of this right if they place you under arrest and provide you access to a lawyer or duty counsel. And fourth, you have the right to due process, including Section 9 Charter protections against arbitrary detention or imprisonment. Again, try to track of all police actions and procedures during the raid in case they are needed for possible criminal defence if arrested.
If nothing else, anyone whose home is subject to a police drug raid likely faces a messy cleanup. However, the post-drug raid disposition of a house and those living in it depends on the nature of drug-related activity, arrests, legal outcomes, and health or safety concerns. For starters, if the owners are charged with CDSA offences, the property may be deemed part of the crime scene and/or undergo further investigation to determine whether drug activity profits supported its purchase or maintenance. As such, authorities may pursue asset forfeiture under the Criminal Code or Ontario Civil Remedies Act. Landlords face potential liability if they knew about the alleged drug activities and may bear responsibility for cleanup costs. However, under the Ontario Residential Tenancies Act, they have the right to evict tenants involved with drug offences.
When police find evidence of drug production, they usually notify the health authorities or municipal inspectors to examine it for chemical contamination. If inspectors find hazardous chemical contamination or signs of cannabis grow-op damages, they can declare the home uninhabitable until the premises have been professionally cleaned.
If Greater Toronto Area police have charged you with drug offences after a drug raid, invoke your right to keep silent until you’ve had a chance to consult with an expert criminal defence drug lawyer. Many drug charges arising from a drug raid can lead to serious penalties if they result in a conviction. Like those at Mass Tsang, a skilled drug lawyer will assess all elements of the police raid to determine whether police followed proper procedures or violated your Charter Rights. They will also investigate all other elements of the Crown’s case to determine how to mount the most effective criminal defence. With decades of strategizing effective defences against drug charges in the GTA, contact Mass Tsang for a free consultation.
