Episode 6: His Majesty the King v. R.B.-C
His Majesty the King v. R.B.-C
R.B.-C. was convicted of sexual assault. He is an Iranian citizen living in Canada on a post-graduation work permit. But his sentence was not imposed until more than 14 months after his conviction. When it finally was imposed, he received a conditional sentence of two years less a day, followed by probation.
Because of the delay in sentencing, R.B.-C. sought a stay of proceedings under section 11(b) of the Charter. The application judge relied on the leading Ontario case on post-verdict delay, R. v. Charley, which sets a presumptive ceiling of five months. The judge concluded that the net delay fell below that ceiling and dismissed the application.
The Court of Appeal disagreed. It held that the post-conviction delay exceeded the five-month ceiling. Rather than ordering a stay, though, it reduced the sentence to 20 months.
The Supreme Court of Canada granted the Crown leave to appeal. The Court will consider both the proper framework for post-verdict delay and the appropriate remedy where that delay is found to be unreasonable.