R v Brar – 2019 ONCJ 71 (Kastner):

[105] I find that firstly, Justice Rahman and others are right that this time should not be included in the Jordan calculation. Secondly, its reasonableness is to be considered in the context of overall delay protected by s. 11(b) of the Charter, as it was in Rahey case by the Supreme Court of Canada. Thirdly, it can be attributed, if included in the Jordan analysis, to exceptional circumstances, since the Crown cannot mitigate that type of delay.