Jordan application. Unstated charges involving multiple accused. Accused originally charged in late November of 2013, and were convicted following a jury trial in June of 2016. Direct indictment preferred almost 1 year after the accused were charged. Issue regarding whether the 18 or 30 month ceiling applied to direct indictment cases.
Held: No 11(b) breach.
The 30 month ceiling applied, and the clock stopped once convictions were registered by the jury. Accordingly, the periods of delay fell below any period that would lead to a presumptive breach. Supreme Court would have been aware of the Crown’s discretion to prefer an indictment, and “chose not to create an exception from the 30 month ceiling for cases where a direct indictment occurred before a preliminary inquiry.” Further, this case would have fit into the transitional exception category created by Jordan.
B. Der, G. Wolch, R Katrib, D. Chow – Defence Counsel