LAWS 2302 Lecture 3: 2016-01-21, Lecture 3 (Word)
Document Summary
Note: page references refer to (12th edition/13th edition) The voluntary act requirement (actus reus: commission of an unlawful act, v. morelli (2010, scc, p. 209/191) There are 3 types of possession for the purposes of the criminal code: Knowledge and control are essential elements of both personal and constructive possession. Knowledge = awareness that has custody of the thing, plus awareness of what the thing is. Both of these must co-exist with some act of control. Has knowledge of the character of the object. Knowingly puts or keeps the object in a particular place, whether or not that place belongs to him. Intends to have the object in that place for his use or benefit, or that of another person. The law of possession developed in relation to physical, tangible objects. Canadian courts have tended to lean towards the latter proposition, i. e. , that you can only possess the image file itself.
