Nancy Gandhi brought a s. 11(b) Charter application alleging a violation of her right to be tried within a reasonable time.
The total delay from charge to anticipated trial end was 35 months, exceeding the 30-month presumptive ceiling established in R. v. Jordan.
The court deducted 33 weeks (approximately 8 months) of delay attributable to the defence, including periods of explicit waiver, counsel unavailability, and change of counsel.
This reduced the net delay to just over 27 months, falling below the presumptive ceiling.
Applying the Jordan framework and its transitional approach, the court found no s. 11(b) violation, as the defence did not demonstrate a sustained effort to expedite proceedings, and the delay was not markedly longer than reasonably required under the prior Morin framework.
The application was dismissed, and the case was ordered to proceed to trial.