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What if a person is in peaceable possession of a property?
What does possession mean in a criminal case?
What happens if a person is not in possession of property?
What are the requirements for possession under the Criminal Code?
What is a defence of property?
What does possession of an object mean?
Section 4(3) of the Criminal Code of Canada is a crucial provision for understanding the concept of possession in criminal law. The section outlines the various ways in which possession of something can arise, and also provides for joint possession.
- Criminal Code of Canada - section 72(3) - Questions of law
Section 72(3) clarifies that the determination of whether a...
- Criminal Code of Canada - section 72(3) - Questions of law
Section 72(3) clarifies that the determination of whether a person is in actual and peaceable possession or is in actual possession without color of right is a question of law. Actual possession refers to a person physically possessing an object or item.
- Actual/Personal Possession
- Constructive Possession
- Joint Possession
“Personal possession” (ie. the actual handling of the thing) requires that “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)”Thus, actual/Personal possession requires that: 1. there be a...
Constructive possession will apply where there is no actual possession, but there is circumstantial evidence that shows "that the accused may still be attributed to having possession of a certain object or thing." Requirements Constructive possession requires the following: 1. knowledgeof the item 2. intent/consent to possessthe item 3. control ove...
Joint possession amounts to a form of possession wherein multiple people can be deemed to be in possession or custody of the object. By function of s. 4(3)(b) custody and possession of a second party is deemed where "with the knowledge and consent of the rest" the primary persons "has anything in his custody or possession". To establish joint posse...
In real estate and real property law, peaceable possession is "holding property without any adverse claim to possession or title by another". Quiet title is used to refer to the new owner's peaceable possession. Property title, or ownership, also includes possession, but is a greater property right than the latter.
The defence of property can arise when a person's "peaceable possession" of property is threatened or challenged by another, such as by a person who is trying to take or damage the property or trespass on it.
(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.
What does "peaceable possession" mean in legal terms? In legal terms, "peaceable possession" means that someone is in lawful and undisturbed control of a property or land. This person has the right to use and enjoy the property without any interference or challenges from others. Who can claim "peaceable possession"?
