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Criminal - Constructive Possession. R. v. Yousuf
In R. v. Yousuf (Ont CA, 2025) the Ontario Court of Appeal considers 'constructive possession', here in a drug case context:[8] The trial judge correctly stated the law relating to possession, including reciting the test for constructive possession from R. v. Morelli, 2010 SCC 8, [2010] 1 S.C.R. 253, at para. 17, as follows:Constructive possession is established where the accused did not have physical custody of the object in question, but did have it “in the actual possession or custody of another person” or “in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person”. Constructive possession is thus complete where the accused: (1) has knowledge of the character of the object, (2) knowingly puts or keeps the object in a particular place, whether or not that place belongs to him, and (3) intends to have the object in the particular place for his “use or benefit” or that of another person. [Citations omitted.] [9] There is no dispute that the trial judge also correctly noted that tenancy or occupation of the place where contraband is found does “not create a presumption of possession”: R. v. Choudhury, 2021 ONCA 560, at para. 19.
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