89Evidence of silence

89 Evidence of silence (1) In a criminal proceeding, an inference unfavourable to a party must not be drawn from evidence that the party or someone else failed— (a) to answer 1 or more questions; or (b) to respond to a representation; put or made to the party or other person by an investigating official who at the time was exercising functions in connection with the investigation of the commission, or possible commission, of an offence. (2) Evidence of that kind is not admissible if it can only be used to draw an inference mentioned in subsection (1). (3) Subsection (1) does not prevent use of the evidence to prove that the party or other person failed to answer the question or to respond to the representation if the failure is a fact in issue in the proceeding. inference includes the following: (a) an inference of consciousness of guilt; (b) an inference relevant to a party’s credibility.