The Ontario Superior Court holds that presumptions that by possessing documents, persons and firms are deemed to know their contents are unconstitutionnal in a criminal context (Durward)

Canadian Cartel News – Volume 5 – One Place Where Possession is not Nine Tenths of the Law* Section 69(2) of the Competition Act provides that, by possessing documents, persons and firms are deemed to know their contents and to have done what the documents say was done. Particularly in the era of terabytes of stored data, this is a nice little provision in the Crown’s arsenal in cartel prosecutions. On July 15, 2014, Justice Warkentin of the Ontario Superior Court of Justice, in the case of R v Durward, determined that section 69(2) is not all it seems to be. Specifically, she ruled that section 69(2) of the Canadian Competition Act was not constitutional in the criminal context. The Durward case arose in the

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James Musgrove, Joshua Chad, The Ontario Superior Court holds that presumptions that by possessing documents, persons and firms are deemed to know their contents are unconstitutionnal in a criminal context (Durward), 15 July 2014, e-Competitions Bulletin July 2014, Art. N° 70655

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