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The court allowed the Crown's appeal and set aside a stay of proceedings, finding the trial delay did not exceed the Jordan ceiling when properly accounting for defence-caused delay and the exceptional circumstance of the trial judge's death.
The Crown appealed a stay of proceedings granted due to a breach of the respondent's section 11(b) Charter rights.
The trial judge erred in characterizing periods of delay and in accounting for exceptional circumstances, particularly the death of the first trial judge.
The appeal court re-evaluated defence-caused delay and exceptional circumstances under the *R. v. Jordan* framework, finding the total net delay to be below the 18-month presumptive ceiling.
The stay was set aside, and the matter remitted for trial.
