Shakespeare once said that a rose by any other name smells as sweet. An ancient and common sense proposition of law should work just as well regardless of whatever it is called. In law, as in fashion, what is old can be new again. Both the Supreme Court of Canada and most recently, the Alberta Court of Appeal have returned to calling the old doctrine of recent possession, not surprisingly, the "doctrine of recent possession" and that is how I propose to refer to it.
R. v. Carroll |
2015 CarswellAlta 1231 |
Alberta Provincial Court