Section 11(b) application. In 2013, accused was charged with murder, criminal organization and conspiracy offences arising from a 2008 gang shooting. Matter was case-managed in tandem with a parallel prosecution on another indictment. Crown conceded delay clearly exceeded the Jordan ceiling. Issue of whether delay was justified as a complex case or on basis of transitional exception.

Held: s 11(b) violation; stay granted.

Although charges were serious and Crown was dealing with parallel prosecutions, the complexity dwindled through the course of the prosecution, and could not be said to be “particularly complex” under Jordan. While complexity is also a factor to be considered under the transitional exception (Picard, 2017 ONCA 692), and charges were serious, the delay was not justified when balancing factors in the Morin framework. Actual prejudice was very high. Accused was bail denied, held in segregation, and had been assaulted numerous times in jail.

A. Serink – Defence Counsel