Possession (Cases)

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Generally

Case Name Summary
R v MacLeod and Powell
2012 MBPC 21 (CanLII)
constructive possession of handguns is apartment
R v Mitchell
2012 ONSC 1602 (CanLII)
conviction -- machine gun found under bed of accused, accused and father testified to not knowing of it and of someone else putting it there.

Actual or Constructive Possession

Case Name Summary
R v Quach
2008 SKPC 62 (CanLII)
not sufficient evidence to find joint possession

Items in a House

Case Name Summary
R v Rolston
2013 ABQB 37 (CanLII)
not guilty
R v Sampson
2009 NSSC 133 (CanLII)
drugs in coat in apartment not enough
R v Brar
2008 MBQB 133 (CanLII)
no possession of drugs in apartment
R v Nguyen
2005 ABQB 544 (CanLII)
the judge stated that where at least two persons could have a connection to a grow-op found in building, the court cannot simply infer possession, regardless of whether the accused knew about the presence of the operation.
R v Berube
2004 ABQB 131 (CanLII)
judge quashed committal to stand trial due to lack of evidence of control over drugs in house. Accused was girlfriend sleeping over at her boyfriend’s house. see para 16
R v Dritsas
2003 MBQB 210 (CanLII)
drugs in apartment found in possession
R v Egresits
2002 BCCA 163 (CanLII)
accused aquitted on the basis of a lack of evidence allowing for interference of possession of grow-op found in house. There were four people linked to grow-op, evidence did not exclude alternatives to possession.

Items in Vehicle

Case Name Summary
R v Dang
2012 ABPC 208 (CanLII)
not guilty -- accused driver not in possess of drugs in trunk
R v Muthuthevar
2012 ONSC 4008 (CanLII)
-
R v Ahmadzai
2012 BCCA 215 (CanLII)
affirmed guilt - driver of vehicle with multiple weapons found in vehicle. Co-accused passenger acquitted.
R v Sanghera
2012 BCSC 733 (CanLII)
guilty - three persons in joint possession of guns in vehicle
R v Lewandoski
2011 MBQB 247 (CanLII)
guilty -- constructive possession of drugs in vehicle
R v Stubbs
2012 ONSC 2352 (CanLII)
guilty -- judge found accused to be sole driver of vehicle he claimed was his own, gun found within reach of driver. Did not believe accused version.

Items in a Locker

Case Name Summary
R v Hehn
2008 BCCA 170 (CanLII)
acquitted -- drugs found in storage locker. Accused was see entering and exiting with known drug dealer, unit keys found on accused, personal items of accused found in locker. Judge not certain whether accused was dupe. No evidence showing whether known dealer did not have key.