The appellant appealed his conviction for impaired driving, arguing the trial judge erred in dismissing his s. 11(b) Charter application for unreasonable delay.
The total delay was 20 months and one week, but the trial judge deducted time for exceptional circumstances (the original trial judge's recusal), bringing the net delay to 16 months and one week, below the 18-month presumptive ceiling.
The Superior Court of Justice found no error in the trial judge's application of the Jordan framework or the sufficiency of his reasons, and dismissed the appeal.