Trial on charges including aggravated assault and robbery. Approximate 33 month delay to the expected end of the trial. 7 months of delay caused by time taken by the preliminary inquiry judge, and then the first trial judge, on reserved judgments. Defence argued at the preliminary inquiry that the Crown ought not to be permitted to use s. 540 CC, and at trial that the matter should proceed before a jury.

Held: No s. 11(b) breach.

The 7 month period awaiting reserved judgements was subtracted from the Jordan analysis. “In my view, delays occasioned by judges reserving decisions are discrete events which constitute exceptional circumstances. The decision by presiding judges to reserve decisions are both unforeseen and unavoidable … it cannot be overlooked that it was defence applications which gave rise to the reserve decisions.”

J. Andrews, D. Gelineau, R.Ziv –

Defence Counsel