Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code?
Ontario, Canada
The following excerpt is from R. v. Cuthbert, 2005 ONCJ 452 (CanLII):
[21] Mr. Justice Durno in a summary conviction appeal cited as R. v. Sychterz [2005] O.J. No. 2722, June 27, 2005, states at para. 36 under the subject, waiver of time periods: 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: Korponay v. A.G. Canada 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, 65 C.C.C.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
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)
What is the test for discrimination in s. 15(1) of the Canadian Human Rights Code? (Ontario, Canada)
How have sections of the Canadian Human Rights Code been interpreted? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
What is the test for a violation of s. 15(1) of the Canadian Human Rights Code? (Ontario, Canada)
Does a claimant have to prove every element of s. 15(1) of the Employment and Human Rights Code? (Ontario, Canada)
How has the Human Rights Tribunal treated discrimination in the context of human dignity, feelings and self respect? (Ontario, Canada)
What is the test for discrimination under s. 15(1) of the BC Human Rights Code? (Ontario, Canada)
Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"? (Ontario, Canada)
