OTTAWA — The Supreme Court of Canada says a man is entitled to a reduction in his sentence for sexual assault because the post-verdict sentencing phase of the case took too long.
But the top court also says there is no need to set a time limit for determining a sentence because there is no persuasive evidence of a culture of complacency in sentencing proceedings in Canada.
The man, an Iranian citizen living in Ontario on a post-graduation work permit, was convicted in October 2021.
Sentencing proceedings were ongoing in October 2022 when the man applied for a stay of his case on the basis that his Charter right to timely justice had been infringed.
The trial judge dismissed the application, saying post-verdict sentencing delay was subject to a five-month limit, and that in the man’s case the delay amounted to just under four months.
In its 9-0 ruling today, the Supreme Court says the appropriate test for assessing a sentencing delay is whether the time taken to impose the sentence was markedly longer than it reasonably should have been in all circumstances.
This report by The Canadian Press was first published Sept. 11, 2026.
Jim Bronskill, The Canadian Press