What is the doctrine of recent possession?

The doctrine of recent possession was described in Kowlyk v. The Queen (1988), 1988 CanLII 50 (SCC), 43 C.C.C. (3d) 1 (S.C.C.) by McIntyre J. for the court as follows: “Upon proof of the unexplained possession of recently stolen property, the trier of fact may – but not must – draw an inference of guilt of theft or of offences incidental thereto. Where the circumstances are such that a question could arise as to whether the accused was a thief or merely a possessor, it will be for the trier of fact upon a consideration of all the circumstances to decide which, if either, inference should be drawn. In all recent possession cases, the inference of guilt is permissive, not mandatory…”