section 11(b)

Ceiling or No Ceiling? R v R.B.-C. and When Sentencing Delay Becomes Unreasonable

In R v R.B.-C., the Supreme Court of Canada was asked to apply a presumptive ceiling to determine when sentencing delay breaches s. 11(b) of the Charter. Justice Martin declined to do so, holding instead that the test is a ‘markedly longer’ standard. She also held that the correct remedy for unreasonable sentencing delay is a reduction in sentence. This unanimous decision from the Court reveals how it views judges as normative actors within the Canadian criminal justice system.

A Right to be (Re)tried in a Reasonable Time: SCC Allows Appeal in R v JF

In the Canadian criminal justice system, an accused person has a constitutional right to be tried within a reasonable time. The Supreme Court of Canada (SCC) has previously determined how long, exactly, is a presumptively “reasonable time.” But when a person is tried again for the same offence—an appeal court orders a new trial—how long, […]