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R v Chalk, 2007 ONCA 815 (Link)


Case concerning child pornography. Chalk did not delete the materials, but said that he had planned to delete them.


What is necessary to meet the requirements of possession in s.4(3) of the Criminal Code (Canada)?


Knowledge of the criminal aspect of the material is adequate to constitute of possession.


The facts were sufficient to demonstrate possession: Chalk knew it was wrong to possession child porn; it was NOT innocent possession: no evidence that Chalk was in possession with control for the immediate purpose of destroying the material.


Decision in favour of Crown (R).

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