What is the test for consent under s. 11(b) of the Criminal Code?

Canada (Federal), Canada

The following excerpt is from Mills v. The Queen, [1986] 1 SCR 863, 1986 CanLII 17 (SCC):

175. Finally, I would stress that assertion of his or her s. 11(b) right by the accused is irrelevant to the test of reasonableness and, contrary to the principle stated in Barker v. Wingo, supra, is not a factor to be considered or weighed under s. 11(b). Just as consent cannot be inferred from silence, failure to assert the right cannot be a factor weighed against the accused in the determination of reasonableness.

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