You have the wrong Charter section and are entirely missing the point. You are referring to s. 10(b). The section applicable in this case is 11(b) "Any person charged with an offence has the right: (b) to be tried within a reasonable time". 

In this case, Curtis's lawyer is not available at an early date, and so Curtis is deemed to have waived his right to a prompt trial. However, co-accused's Corey's lawyer is available and ready to proceed promptly. The crown insists on trying the two together. The question that arises is whether Curtis's waiver of the Jordan time limit can be applied to Corey.

The obvious answer is to sever the indictment and proceed promptly to try Corey, and try Curtis separately when his lawyer is available.