The accused, charged with three counts of breach of probation, brought an application alleging a violation of his right to be tried within a reasonable time under s. 11(b) of the Charter.
The accused failed to attend his trial date, leading the court to conclude he was disinterested in exercising his s. 11(b) rights.
Furthermore, the court calculated the net delay to be below the presumptive ceiling established in Jordan, finding that the pre-arrest delay constituted a discrete event due to the accused's unknown whereabouts and the police's reasonable diligence in attempting to locate him.
The application was dismissed.
