What does "Actual Possession" mean under the Criminal Code of Canada?

Get ready for your Eastern Ontario Special Constable Test. Access flashcards, multiple choice questions with hints and detailed explanations. Prepare effectively and ace your test!

"Actual possession" under the Criminal Code of Canada refers to the physical control or custody of an item. This concept indicates that an individual has direct and immediate control over the item in question, which can include holding it, having it on their person, or keeping it in a place where they can readily access it.

For example, if someone is carrying illegal substances in their pocket, they are considered to be in actual possession of those substances because they physically have them within their control. This definition establishes a clear understanding of possession in legal contexts, significantly influencing how laws are applied concerning the ownership and control of items, especially in relation to illegal activities.

Other definitions such as control or ownership without direct physical custody would not meet the criteria for actual possession. Thus, distinctions made in the other choices, like having control over an item without holding it or ownership through documentation, do not align with the legal definition required to classify as "actual possession."

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