Background
Louis Beaver and his brother Max Beaver were arrested selling heroin to an undercover RCMP officer and charged with possession and sale of an illegal narcotic under the Opium and Narcotic Drug Act. Max was the one in actual physical possession of the drug but Louis was charged by association as he knew Max had the heroin.
In defence, Louis claimed that he thought the package was milk sugar and that they were only trying to defraud the RCMP officer.
At trial, the judge instructed the jury by telling them that if they find that they were in possession their actual knowledge was irrelevant.
The issue before the Supreme Court was whether a conviction based on possession requires knowledge of the nature of the object.
Read more about this topic: Beaver V. R.
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