In what circumstances will a defendant be found guilty of possession of cocaine in a shared apartment?

[51] In Regina v. Pham, supra, a case similar to ours, a dwelling in a shared apartment was, a dweller in a shared apartment was charged with possession of cocaine for trafficking. She was not present at time of arrest or entry. There was a finding of guilt in large part because of observed multiple drug deals at the apartment before warrant entry. The other occupant was excluded as the person bringing the drugs to the apartment, leaving the accused as the sole drug possessor.

[52] In Regina v. Tremblay, supra, a possession for purposes case, involved a case of musical chairs with respect to hotel rooms. The oral exculpatory evidence of the accused was rejected. The drugs were found in a room recently vacated by the accused for another room. And then upon arrest in that other room, occupied by the accused, drug paraphernalia and a gun were located. Other person or persons had stayed or visited. The connections of the accused to the two rooms resulted in a finding of his exclusive control of them, resulting in conviction.