In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial?

In R v. Plant, supra, the court found that as the evidence obtained (marihuana plants) was real evidence, it did not affect trial fairness. In assessing the seriousness of the violation, the court found that the police acted in good faith in undertaking the perimeter search and obtained a search warrant before entering the house. The court concluded that as this was a serious charge punishable by imprisonment by a maximum of seven years, the evidence should be admitted as exclusion would have a greater negative effect on the repute of justice.

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.