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Canada Case Law

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Criminal law 2017 BCSC 1909

R. v. Nazarek

The court found Dana Nazarek guilty of possession of cocaine and fentanyl for the purpose of trafficking and possession of proceeds of crime.

  • Possession for the purpose of trafficking
  • Constructive and joint possession
  • Wilful blindness
  • Circumstantial evidence
  • Proceeds of crime
  • Ownership and occupancy inference
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Criminal law 2016 BCSC 2575

R. v. Ziaee

The court found Zachary Scott Matheson guilty of narcotics offences after holding that the evidence proved constructive and joint possession of drugs in a stash apartment.

  • Constructive possession
  • Joint possession
  • Knowledge and control
  • Expert opinion evidence
  • S.21(1) party liability
  • Search warrant/stash house
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Fisheries law 2016 BCSC 1639

R. v. Steer

The court convicted Scott Stanley Matthew Steer on eight counts of possessing fishing gear, finding he controlled the vessel and knew or was wilfully blind to the gear on board.

  • Possession
  • Control and custody
  • Strict liability
  • Due diligence
  • Wilful blindness
  • Knowledge requirement
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Criminal law 2003 BCCA 650

R. v. Chualna

The Court of Appeal held the circumstantial evidence did not prove joint possession of a stolen van and firearms beyond a reasonable doubt, and set aside the convictions.

  • Joint possession
  • Knowledge and consent
  • Reasonable doubt
  • Occupant liability s.94(1)
  • Definition of possession s.4(3)(b)
  • Kienapple stay
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.