What is the requirement of knowledge for possession of a digital file?
Canada (Federal), Canada
The following excerpt is from Holloway C.J. (Master Corporal), R. v., 2013 CM 1015 (CanLII):
On an allegation of personal possession, the requirement of knowledge comprises two elements: the accused must be aware that he or she has physical custody of the thing in question, and must be aware as well of what that thing is. Both elements must co-exist with an act of control (outside of public duty): Beaver v. The Queen, 1957 CanLII 14 (SCC), [1957] S.C.R.531, at pp. 541-42. [emphasis in original] And then Fish, C.J. set in its proper context how this offence has a particular dimension when images and videos are stored as digital files, and we can find that at paragraphs 18 and 19 of the decision:
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