Possession (Cases)

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.

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

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.

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.

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.