Supreme Court rules no time limit needed for post-verdict sentencing delays

The Supreme Court of Canada ruled unanimously Friday that no specific time limit is required to determine whether a post-verdict sentencing delay violates a person's Charter right to timely justice.

The unanimous decision came in a case involving an Iranian citizen living in Ontario on a post-graduation work permit who was convicted of sexual assault in October 2021. Sentencing proceedings were ongoing in October 2022 when the offender applied for a stay of proceedings, arguing the Charter right to timely justice had been infringed.

An Ontario trial judge dismissed the stay application, saying post-verdict sentencing delay was subject to a five-month limit and the delay in this case amounted to just under four months after deducting time for various reasons. The judge imposed a conditional sentence of two years less a day plus one year probation.

The Ontario Court of Appeal revised the delay finding and concluded it had exceeded a five-month presumptive ceiling, infringing the offender's Charter right. The Court of Appeal reduced the conditional sentence to 20 months.

The Supreme Court said the appropriate test for assessing sentencing delay is whether the time taken to impose sentence was markedly longer than it reasonably should have been in all circumstances. Justice Sheilah Martin, writing for the majority, noted that "although in exceptional cases a stay of proceedings may be available," the remedy ordinarily appropriate for a Charter breach from unreasonable post-verdict sentencing delay is a reduction in sentence.

The court found no persuasive evidence of a culture of complacency in sentencing proceedings in Canada. This ruling shifts the framework from a rigid timeline to a contextual assessment, giving judges discretion while preserving recourse for those experiencing significant delays.