Case information

Charter of Rights and Freedoms — Right to be tried within a reasonable time — Remedies — What is the test for unreasonable delay in the sentencing phase — What is the appropriate remedy for unreasonable delay in the sentencing phase?

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R.B.-C., an Iranian citizen in Canada on a post-graduation work permit, was convicted for sexual assault. More than 14 months after conviction, a conditional sentence of two years less a day plus probation was ordered. R.B.-C. applied for a stay of proceedings as a remedy for unreasonable delay during the sentencing phase of proceedings in breach of s. 11(b) of the Charter of Rights and Freedoms. The motions judge applied R. v. Charley, 2019 ONCA 726, which adopted the framework set out in R. v. Jordan, 2016 SCC 27, and which set a five-month presumptive ceiling for post-verdict delay. After calculating total delay and deductions, the motions judge derived a net delay below the presumptive five-month ceiling and dismissed the motion to stay proceedings. The Court of Appeal allowed an appeal. It held post-conviction delay exceeded the five-month presumptive ceiling and the appropriate remedy was to reduce the sentence to 20 months.