R v KGK – 2019 MBCA 9 – (Cameron):

[173] I have had the benefit of reading the reasons of my colleague Hamilton JA regarding the accused’s section 11(b) motion. I do not disagree with her that the time that it takes a judge to make a decision is subject to section 11(b). However, with respect, I differ from her finding that the 18-month and 30-month ceilings set out in Jordan (the Jordan ceilings), which delineate when delay becomes presumptively unreasonable, apply to the time that it takes a trial judge to reach a decision in either a pre-trial motion or the ultimate decision regarding guilt in a criminal trial. In my view, the Jordan ceilings do not apply to the time it takes to make a judicial decision.

[174] I am also of the view that the motion judge correctly determined that the standard of unreasonableness for the time it takes to make a judicial decision is that set out in Rahey. That is, whether the delay is “‘shocking, inordinate and unconscionable'” (Rahey SCC at para 43). Applying that test, I would not find that the motion judge erred in finding that, while the time that it took the trial judge in this case to reach his decision regarding the guilt of the accused was long, it was not unreasonable.