What is the test for establishing consent and control of a firearm?
Nova Scotia, Canada
The following excerpt is from R. v. Thomas, 2012 NSPC 117 (CanLII):
In cases where the contraband or firearm is in the personal possession of an accused and in plain view, knowledge of its presence is an easy inference to draw. Where the contraband or firearm is not in plain view, inferences about knowledge, consent and control may pose a more difficult task. The requirement to establish control is often tied to the accused’s manual or physical contact with the firearm. See R v. LeBlanc, 2009 NSSC 221, at paras. 25-26. CONSTRUCTIVE POSSESSION:
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