In what circumstances will the court exclude marihuana seized at trial?
Alberta, Canada
The following excerpt is from R.v. Blanchett, 2002 ABQB 134 (CanLII):
In R v. Hallman, supra, the court held that the marihuana seized was real evidence and did not affect trial fairness. The court, however, found that the Charter violations in this case were serious as there was a lack of impartiality on the part of the authorizing judge, lack of frank disclosure by the police officer and a hard entry into the accused’s house. Because of the seriousness of the violations, exclusion was held to be warranted.
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