Possession (Cases)

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Generally

Case Name Summary
R v MacLeod and Powell
2012 MBPC 21 (CanLII), per Curtis J
constructive possession of handguns is apartment
R v Mitchell,
2012 ONSC 1602 (CanLII), per Backhouse J
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), per Hinds J
not sufficient evidence to find joint possession

Items in a House

Case Name Summary
R v Rolston,
2013 ABQB 37 (CanLII), per Verville J
not guilty
R v Sampson,
2009 NSSC 133 (CanLII), per Wright J
drugs in coat in apartment not enough
R v Brar,
2008 MBQB 133 (CanLII), per MacInnes JA
no possession of drugs in apartment
R v Nguyen,
2005 ABQB 544 (CanLII), per Veit J
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), per Ross J
The 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), per Beard J
drugs in apartment found in possession
R v Egresits,
2002 BCCA 163 (CanLII), per Huddart JA
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), per Fradsham J
not guilty -- accused driver not in possess of drugs in trunk
R v Muthuthevar,
2012 ONSC 4008 (CanLII), per Boswell J
-
R v Ahmadzai,
2012 BCCA 215 (CanLII), per MacKenzie JA
affirmed guilt - driver of vehicle with multiple weapons found in vehicle. Co-accused passenger acquitted.
R v Sanghera,
2012 BCSC 733 (CanLII), per Holmes J
guilty - three persons in joint possession of guns in vehicle
R v Lewandoski,
2011 MBQB 247 (CanLII), per Greenberg J
guilty -- constructive possession of drugs in vehicle
R v Stubbs,
2012 ONSC 2352 (CanLII), per Backhouse J
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), per curiam
acquitted -- drugs found in storage locker. Accused was see entering and exiting with a known drug dealer, unit keys found on accused, personal items of accused found in a locker. Judge not certain whether accused was dupe. No evidence showing whether known dealer did not have key.