CCLA Appearing Before Supreme Court to Protect Right to be Sentenced Within A Reasonable Time

The CCLA will appear before the Supreme Court of Canada as an intervenor in R. v. R.B.-C on January 16, 2026. When sentencing takes unreasonably long, the s. 11(b) Charter right to be tried within a reasonable time is violated. This case is about what the remedy should be for that violation.

The CCLA will make two submissions. First, when sentencing is unreasonably delayed, the sentencing process should be stopped entirely. This is called a stay of the sentencing proceedings. A finding of guilt or conviction would remain, but the person would not receive a sentence. A stay is justified because it establishes a clear limit on how long the justice system can take. Other remedies are unlikely to prevent delay. The Supreme Court recognized this in the context of trial delays in R. v. Jordan.

Second, the CCLA will submit that appeal courts have developed a helpful framework on the mechanics of staying a sentence. This framework can be adapted to staying sentencing proceedings because of unreasonable delay.

The criminal justice system should not regularly violate the right to a trial within a reasonable time. However, ongoing delays are common, and many of them are within governments’ power to fix. Courts frequently point to problems such as late disclosure of evidence by police or prosecutors, and not enough courtroom time to hear cases. Both federal and provincial/territorial governments must invest the necessary time, resources, and attention to resolve delays in the justice system.

You can read our factum here.

The CCLA is grateful to Chris Rudnicki and Theresa Donker of Rudnicki & Company for their excellent pro bono representation in this case. We also thank Catherine Ouellet of Gowling WLG for their pro bono agent services.