What is the test for a finding that marihuana would have been discovered and what is the legal test for that finding?
Manitoba, Canada
The following excerpt is from R. v. Webster, 2013 MBQB 103 (CanLII):
As for the trial judge’s finding that the marihuana would have been discovered, a trial judge’s finding is not to be interfered with unless it constitutes palpable and overriding error. Similar deference is to be applied to inferences of fact (see Housen v. Nikolaisen and H.L. v. Canada).
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