The applicants, three police officers charged with sexual assault, brought an application for a stay of proceedings under s. 11(b) of the Charter due to delay.
The Crown had obtained a direct indictment, moving the trial to the Superior Court without a preliminary inquiry.
The applicants argued the 18-month presumptive ceiling from Jordan should apply because they were denied a preliminary inquiry.
The court rejected this argument, holding that the 30-month ceiling applies to all cases tried in the Superior Court, regardless of whether a preliminary inquiry actually occurs.
As the anticipated delay was 28 months, falling below the 30-month ceiling, the application for a stay was dismissed.
