Crown appeal of a stay of proceedings granted by the trial judge for unreasonable delay under the Jordan framework.
The trial judge found net delay of approximately 32 months after accounting for 56 days of defence delay.
The Court of Appeal identified three fundamental errors in the trial judge's calculation of defence delay: failure to account for 87 days of defence delay in scheduling the preliminary inquiry, failure to account for 84 days of defence delay following a co-accused's adjournment request, and misapprehension of evidence regarding approximately 3.5 months of defence delay related to outstanding discovery.
The Court held that any one of these errors brought the delay under the Jordan ceiling, and cumulatively they brought it well below.
The appeal was allowed, the stay was lifted, and the matter was remitted for trial.