Which knowledge element is required for possession of property obtained by crime?

• A. Has in his possession
• B. Knowing that all or part of the property or the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment
• C. Any property or thing
• D. None of the above

Answer: (B)

The main concept here is the mental element the law requires for possession of property obtained by crime: you must know that the property or its proceeds came from crime. This is a knowledge-based requirement—the offender must be aware that the property (or its proceeds) was obtained, directly or indirectly, from an offence punishable by indictment in Canada.

So the best answer states that the person possesses knowledge that all or part of the property or the proceeds was obtained by or derived from the commission in Canada of an indictable offense. Possession alone, or vague belief, isn’t enough; the accused must know the source of the property. The other options don’t capture this required knowledge element.