To prove possession the Crown prosecutor must ordinarily prove knowledge and control over the drug.   if the drug is found on your person, these elements are very easily proved.  For example, if you have secreted a drug in a body cavity, it can fairly be presumed you are aware of it.  However, if the drug is found in a building or car in which you are in, the Crown must generally have some evidence that you knew the drug was there, and that you had control over the drug.  Similarly, if you are the renter of the premises, or owner of the vehicle,  the courts generally find that control has been proved.  But there may be a doubt about knowledge if someone else had access to your property, and the circumstances don't point to your knowledge.  In a recent case, Tessmer Law obtained an acquittal for a driver of an SUV  that had 111 half lb bags of marihuana in four duffle bags in the back,  successfully arguing that there was no evidence the driver was aware of the marihuana.  Similarly, a Tessmer Law client was acquitted of a marihuana production charge when it was possible his son was growing the marihuana, unbeknownst to our client.

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