What is the defence of possession of a child and how has the law of possession been interpreted in these circumstances?
Ontario, Canada
The following excerpt is from R. v. Hassan, 2017 ONCJ 928 (CanLII):
[55] The defence also offers Regina v. McConnell, supra, for consideration. It sets out the law of possession with requisite elements of knowledge and control. The finding of not guilty was the result of lack of control by reason of the fact that there was insufficient evidence to show the accused was a resident or otherwise long-term connected to the residence, despite being present and fleeing entry. However this is not our factual situation.
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