What is the difference between knowledge and control?
Ontario, Canada
The following excerpt is from R. v. Hassan, 2017 ONCJ 928 (CanLII):
[48] Knowledge is one element. Separate and distinct is some measure of control. This too is fact driven. It has been described as the accused’s ability to grant or withhold consent to the storage of the item in a particular location. Regina v. McConnell, supra
[49] Yet mere passive acquiescence cannot amount to control. Some active steps such as encouraging, helping, or directing, are necessary to either establish the power and authority as a principle offender, or establish aiding or abetting by a party. Mere indifference or passive acquiescence does not satisfy the element of control. Regina v. Thompson, [2010] O.J. No. 2266 para 33.
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