Does s. 10(b) of the Criminal Code of Canada apply to a waiver of counsel?
British Columbia, Canada
The following excerpt is from R. v. Osguthorpe, 2004 BCSC 1641 (CanLII):
The earlier decision of Clarkson v. The Queen, 1986 CanLII 61 (SCC), [1986] 1 S.C.R. 383, indicates that s. 10(b) is concerned with fair treatment of an accused. Any alleged waiver must be carefully considered. The accused's awareness of the consequences of what he is saying is crucial. A valid waiver is premised upon a true appreciation of the consequences of giving up the right to counsel.
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