If an accused has waived his or her rights under s. 11(b) of the Criminal Procedure, can that waiver be included in systemic delay?
Ontario, Canada
The following excerpt is from R. v. George, 2005 CanLII 26596 (ON SC):
If the accused has waived any of the delay, that time is not included in systemic delay. In order for an accused to waive his or her rights under s. 11(b), the waiver must be clear and unequivocal, with full knowledge of the rights the procedure was enacted to protect, and the effect that waiver will have on the rights: Korponey v. A.G. Can. (1982), 1982 CanLII 12 (SCC), 65 C.C.C. (2d) 65 (S.C.C.)
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