Does an Aboriginal offender who does not wish specific evidence adduced be specific?
Ontario, Canada
The following excerpt is from R. v. Pelletier, 2012 ONCA 566 (CanLII):
An Aboriginal offender who does not wish specific evidence adduced may waive his or her right to have particular attention paid to his or her circumstances as an Aboriginal offender: Gladue, at para. 83. Consistent with general principle, this waiver should be clear and unequivocal, made with full knowledge of the right that is surrendered and of the effect of waiver of that right: Korponay v. Canada (Attorney General), 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, at p. 49.
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