Can silence constitute waiver of s.11(b) of the Criminal Code?

In Regina v. Smith (1989) 1989 CanLII 12 (SCC), 52 C.C.C. (3d) 97 S.C.C. at p.109 Sopinka J. speaking for a unanimous court stated: ...Agreement by an accused to a future date will in most circumstances give rise to an inference that the accused waives his right to subsequently allege that an unreasonable delay has occurred. While silence cannot constitute waiver, agreeing to a future date for a trial or a preliminary inquiry would generally be characterized as more than silence. Therefore, absent other factors, waiver of the appellant’s s.11(b) rights might be inferred based on the foregoing circumstances.