Jordan application. Unstated charges. Not a complex case. Preliminary inquiry took less than one day. Approximate 36 month delay. The preliminary inquiry was adjourned (causing 8 months of delay) as the primary investigator was unexpectedly hospitalized the night before. The Crown wanted to proceed with the preliminary inquiry, and call the investigator on a later date. However, the defence objected to this approach, applied for an adjournment, and expressly waived 11(b) rights.
Held: No 11(b) breach.
The waiver of 11(b) was clear and unequivocal. As per Jordan, “defence delay” includes period which is waived by the defence. After the waived period of delay was subtracted, the total delay fell below the 30 month presumptive ceiling.
R. Muenz – Defence Counsel