The accused was charged with possession of cannabis marijuana for the purpose of trafficking and unlawful production of marijuana arising from a grow operation in an Ottawa apartment.
The Crown relied on circumstantial evidence including surveillance, the accused's key access to the apartment, suspicious bag movements, and grow-related material found at a separate residence.
The court reviewed the law of personal, constructive, and joint possession and the requirement that guilt be the only reasonable inference available on circumstantial evidence.
In light of defence evidence from the tenant claiming exclusive responsibility for the grow operation, the court held that a reasonable doubt remained as to the accused's knowledge and control.
The accused was acquitted on both counts.
