The Crown appealed from a stay of proceedings granted on the basis of unreasonable delay under s. 11(b) of the Charter in circumstances where the accused raised first-trial delay only after a new trial was ordered.
The Supreme Court held that after a new trial is ordered, the delay clock resets to zero and an accused cannot raise first-trial delay in a s. 11(b) motion brought during the retrial, as this would be contrary to the duty of all parties to act proactively under the Jordan framework.
The Court further held that the presumptive ceilings established in Jordan apply to retrial delay without modification.
Applying those principles, the retrial delay of 10 months and 5 days fell well below the 30-month presumptive ceiling and was reasonable in the circumstances.
