La réoption n'est pas un événement imprévisible ou inévitable

R. v. Long, 2023 ONCA 679

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[62]      I would also observe that the appellant re-elected a trial in the OCJ on February 7, 2020, a re-election to which the Crown had to consent. The Crown was not required to consent. Moreover, the Crown consented in the face of the appellant’s refusal to waive his s. 11(b) Charter right. As mentioned, exceptional circumstances are those that are outside the Crown’s control in the sense they are reasonably unforeseen or reasonably unavoidable, and the Crown cannot reasonably remedy the delays emanating from those circumstances. A re-election that an accused makes on consent is not reasonably unforeseen or reasonably unavoidable: R. v. Wookey, 2021 ONCA 68, 154 O.R. (3d) 145, at para. 71. Nor were the circumstances beyond the Crown’s control.