Trial on various drug related offences. 11(b) application. 41.5 month delay from the date of being charged to the conclusion of the trial. Issues regarding whether any periods were “defence delay”, and whether the Crown established “transitional exceptional circumstances.”
Held: No s. 11(b) breach.
A total of 427 days of delay was found to have been waived by the defence in agreeing to trial dates. “Substantial authority supports the legitimacy of an inference of waiver from agreement to trial dates … There is no evidence to suggest that these dates were accepted under protest … there was no evidence that by agreeing to these dates the Defence was simply acquiescing to the inevitable.” After these periods of delay were subtracted, the total period of delay fell below the 30 month ceiling established in Jordan. Further, the Crown established that “transitional exceptional circumstances” existed justifying the delay.
K. Quinlan – Defence Counsel