Being found with items that do not belong to you can lead to criminal charges under the Criminal Code of Canada. A charge of Possession of Property Obtained by Crime is common in Alberta, often laid alongside theft or break-and-enter charges. The defence lawyers at White & Jeet Law have successfully defended numerous clients facing these allegations.
Understanding Section 354 of the Criminal Code
According to Section 354(1) of the Criminal Code, it is an offence to have in your possession any property or thing, or any proceeds of any property or thing, knowing that all or part of the property or thing was obtained directly or indirectly by the commission of an indictable offence.
What the Crown Must Prove
To secure a conviction in Alberta, the Crown Prosecutor must establish three main elements beyond a reasonable doubt:
- Possession: You had physical control of the item, or you knew where an item was being held and had control over it.
- Obtained by crime: The Crown prosecutor must prove that the item in question was actually obtained by a crime. Examples include theft and breaking and entering.
- Knowledge (Mens Rea): The most crucial element—the Crown must prove that you knew or were wilfully blind to the fact that the item was obtained through a crime.
The Doctrine of Recent Possession
In Canadian common law, the “doctrine of recent possession” allows a judge in Alberta to draw an inference of guilt if you are found in possession of a stolen item shortly after it was stolen, and you cannot provide an explanation that could reasonably be true. For example, if you are caught driving a car stolen three hours ago, the burden shifts to you to provide a reasonable explanation as to how you got it without knowing it was stolen.
This doctrine will not apply when an explanation is offered which might reasonably be true even if the judge is not satisfied of its truth.
Over and Under $5,000
The severity of the charge depends on the value of the property:
- Possession Over $5,000: This is a straight indictable offence, carrying a maximum penalty of 10 years in prison.
- Possession Under $5,000: This is a hybrid offence, carrying a maximum penalty of up to 2 years (if pursued by indictment).
Building a Defence in Alberta
At White & Jeet Law, we scrutinize every aspect of the Crown prosecutor’s case. Did the police conduct an illegal search and seizure (violating Section 8 of the Charter)? Did you purchase the item on Kijiji or Facebook Marketplace with a genuine, honest belief that the transaction was legitimate? Let our team protect your rights and your future.
