In what circumstances will an accused be charged with possession of a contraband or illegal substance?
Canada (Federal), Canada
The following excerpt is from Smith v. Canada (Attorney General), 2005 FC 1436 (CanLII):
In cases where there is no direct evidence that an accused has knowledge that a contraband or illegal substance exists, the decision-maker may look to all of the relevant and surrounding facts in order to determine if there is sufficient evidence to support the inference that an accused had knowledge (Ryan v. William Head Institution, [1997] F.C.J. No. 1290 (F.C.T.D.) at para. 7).
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