The defendant brought a s. 11(b) Charter application in a provincial court impaired driving prosecution alleging that the anticipated trial completion date would exceed the presumptive ceiling in Jordan.
The court applied the Jordan and Cody frameworks, accepted 35 days of defence delay, and further apportioned 73 days to the defence because the late and informal assertion of delay concerns deprived the prosecution and the court of opportunities to address scheduling earlier.
After deducting that defence delay, the net delay was 545 days or 17.92 months, marginally below the 18-month ceiling.
The application was therefore dismissed, while the court noted that any future delay application would have to be assessed independently once a new trial date is set.
