Can an accused waive his or her rights under s. 11(b) of the Canadian Human Rights Code?

Ontario, Canada


The following excerpt is from R. v. Cuthbert, 2005 ONCJ 452 (CanLII):

[21] Mr. Justice Durno in a summary conviction appeal cited as R. v. Sychterz [2005] O.J. No. 2722, June 27, 2005, states at para. 36 under the subject, waiver of time periods: If the accused has waived any of the delay, that time is not included in systemic delay. In order for an accused to waive his or her rights under s. 11(b), the waiver must be clear and unequivocal with full knowledge of the rights the procedure was enacted to protect and the effect that waiver will have on the rights: Korponay v. A.G. Canada 1982 CanLII 12 (SCC), [1982] 1 S.C.R. 41, 65 C.C.C.

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