As the Supreme Court continues to grapple with applying conventional legal concepts to the cyber context it seems a shame the Court did not have the opportunity to review an interesting judgment of the Ontario court of appeal defining the notion of possession in the case of downloading illegal material from the web. In the case in question the accused had initiated the download of child pornography but changed his mind and cancelled it prior to completion. To the surprise of many the Court held that as soon as the download commenced the two elements of legal possession, namely, knowledge and control, were complete and the accused was found guilty even though the prohibited material was never stored in his computer.
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