What is the standard of waiver of counsel under section 10(b)?

Ontario, Canada


The following excerpt is from R. V. Willoughby, 2012 ONSC 3139 (CanLII):

The standard of waiver of the right to counsel is high. Valid waivers of the informational component of section 10(b) are rare. If the circumstances reveal that a detainee does not understand, then the authorities are required to take additional steps to ensure that the detainee comprehends: Regina v. Bartle, 1994 CanLII 64 (SCC), [1994] S.C.J. No. 74, at paragraphs 38 and 39.

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