What is the requirement of knowledge for an allegation of personal possession?

Ontario, Canada


The following excerpt is from R. v. Jones, 2019 ONCJ 805 (CanLII):

On an allegation of personal possession, the requirement of knowledge comprises two elements: the accused must be aware that he or she has physical custody of the thing in question, and must be aware as well of what that thing is. Both elements must co-exist with an act of control (outside of public duty): Beaver v. The Queen, 1957 CanLII 14 (SCC), [1957] S.C.R. 531, at pp. 541-42. [bold emphasis added]

Other Questions


If a deponent has no actual knowledge of the facts, can he seek undertakings or person with knowledge? (Ontario, Canada)
What is the requirement of knowledge for possession of a firearm? (Ontario, Canada)
What are the consequences of a personal injury claim being awarded personally against a lawyer? (Ontario, Canada)
Can a person physically handle an object but not be in possession? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Does there have to be a "substantial nexus" between the alleged negligence of an appellant in a medical malpractice case and the alleged loss of a patient? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
Is an equalization claim against a bankrupt spouse personalized and personalized? (Ontario, Canada)
What is the test for treating a person who is personally named as a respondent in a medical malpractice case? (Ontario, Canada)
Is a police officer required to make a public announcement to enter a person's home? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.