Can an accused waive procedural safeguards?
Saskatchewan, Canada
The following excerpt is from R v Horner, 2013 SKQB 340 (CanLII):
It has long been recognized in the criminal law context that an accused may waive procedural safeguards provided the waiver is clear and unequivocal. As stated in Korponay v. Canada (Attorney General), 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, 132 D.L.R. (3d) 354: ... the validity of such a waiver, and I should add that that is so of any waiver, is dependent upon it being clear and unequivocal that the person is waiving the procedural safeguard and is doing so with full knowledge of the rights the procedure was enacted to protect and of the effect the waiver will have on those rights in the process. ... [emphasis in original]
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