Is a waiver of a right to silence unconditional?

A waiver of a constitutional right may not be unconditional. As observed by Sopinka J. in Evans and Evans v. The Queen, supra at 30, “…it becomes necessary to determine the terms of the waiver”. The applicants maintain their waiver of the right to silence and right against self-incrimination is qualified—it does not extend to the production of evidence against themselves respecting the charge(s). The Crown in turn submits that the availability of investigative information arising from government presence during the cross-examinations is effectively a non-conscriptive windfall subject to a s. 13 Charter ruling at trial.