Is a waiver of section 10(b) of the Charter valid and effective?
Alberta, Canada
The following excerpt is from R. v. Adams, 1987 ABCA 103 (CanLII):
In the majority judgment of Madam Justice Wilson in Clarkson v. The Queen (1986) 1986 CanLII 61 (SCC), 25 C.C.C. 207 (S.C.) she stated (at p. 219) with respect to s. 10(b) of the Charter: … any voluntary waiver in order to be valid and effective must be premised on a true appreciation of the consequences of giving up the right.”
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