Can an accused or his counsel waive procedural safeguards enacted for his benefit?

Saskatchewan, Canada


The following excerpt is from Goertz v. College of Physicians and Surgeons (Sask.), 1989 CanLII 4748 (SK CA):

Support for this position is also found in the criminal law in cases such as Korponay v. Attorney General of Canada, 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41; 44 N.R. 103, where the court was dealing with the procedural requirements of s. 492 of the Criminal Code dealing with re-election. Lamer, J., speaking for the court, held that an accused or his counsel may waive the procedural requirements enacted for his benefit, but the validity of any waiver depends upon its being clear and unequivocal that the person is waiving the procedural safeguards and is doing so with full knowledge of the rights which the procedure was enacted to protect and of the effect the waiver will have on those rights.

Other Questions


Can an accused waive procedural safeguards? (Saskatchewan, Canada)
Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
Does a police officer need to remain with the accused while counsel is giving instructions? (Saskatchewan, Canada)
Does a deceased's inability to confer pecuniary benefit prior to his death preclude a beneficiary from recovering the benefit? (Saskatchewan, Canada)
What is the proper procedure for a jury to acquit and discharge an accused in a sexual assault case? (Saskatchewan, Canada)
What is the relevant section of the Criminal Procedure and Civil Procedure Act? (Saskatchewan, Canada)
What is the current state of the law on third party procedure in King’s Bench? (Saskatchewan, Canada)
What are the principles that apply on the second ground of a claim under the Rules of Civil Procedure? (Saskatchewan, Canada)
When will counsel seek to compare facts in an instant cruelty case with those in the reported cases? (Saskatchewan, Canada)
Can a police constable with more than 18 months of service be denied any procedural protections? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.