Is a waiver waiver valid if a lawyer is not available within a reasonable time?
Alberta, Canada
The following excerpt is from R. v. Zurfluh, 2005 ABQB 955 (CanLII):
Secondly, in R v. LeClair, 1989 CanLII 134 (SCC), [1989] 1 S.C.R. 3 the majority said that the mere fact that an accused wants to speak to his lawyer but not another lawyer cannot be taken as a valid waiver. An accused can only be expected to contact another lawyer if his lawyer is not available within a reasonable time (paragraph 16).
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