Defence appeal from conviction on the basis that the trial judge erred in dismissing s. 11(b) application. Transitional case. Issue on appeal of whether the 18-month presumptive ceiling in Jordan applies to Youth Criminal Justice Act matters.

Held: Appeal dismissed.

Court of Appeal was divided three ways on disposition of the appeal. Wakeling, JA, dismissed the appeal on the basis that the 18-month Jordan ceiling applies. If a different standard for youth were desirable, “Parliament is in the best position to determine whether a unique presumptive ceiling or other methodology should be adopted”. Delay in this case was below the ceiling and not unreasonable. O’Ferrall, JA concurred in the result but found that “given the arbitrariness and the relative inflexibility of any presumptive ceiling it would be wrong in law to apply presumptive ceilings to young persons.” Veldhuis, JA dissented and would have established a lower, 15-month ceiling for youth.

G. Johnson – Defence Counsel