Is Amselem 551 the controlling authority on waiver of Charter rights?
Saskatchewan, Canada
The following excerpt is from R v Horner, 2013 SKQB 340 (CanLII):
The parties agree Syndicat Northcrest v. Amselem, 2004 SCC 47, [2004] 2 S.C.R. 551 (“Amselem”) is the controlling authority on the core issue of waiver of Charter rights. Both sides submit the case assists their respective positions.
"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
Is a Chartered Accountant's Charter of Charter Freedoms a violation or limitation on freedom of expression by the Respondent's Charter or its bylaws? (Saskatchewan, Canada)
What is the difference between granting an exclusive right to possession and control of a gravel pit and a right of way? (Saskatchewan, Canada)
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right? (Saskatchewan, Canada)
Does s. 16.(1.01) of the Charter of Canada's Charter of Rights and Freedoms apply to s. 15(1) of s.15(1)? (Saskatchewan, Canada)
Does a Traffic Safety Court Justice of the Peace (JPS) have any authority or authority to reject or reject the evidence presented by the defence? (Saskatchewan, Canada)
How have the courts interpreted the Charter of Charter and evidence in a criminal case? (Saskatchewan, Canada)
What is the legal test for determining whether the criminal justice system has failed to meet the Charter’s obligations under s. 11(b) of the Charter of Canada? (Saskatchewan, Canada)
Does the Court of Appeal have any authority or authority to refuse to grant an amendment to the Rules of Civil Procedure or Rules of Appeal? (Saskatchewan, Canada)
What is the test for a limitation on a right or freedom guaranteed by the Charter? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
