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Supreme Court rejects strict deadlines during criminal sentencing

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Cite

Ebner, D. (2026, September 12). Supreme Court rejects strict deadlines during criminal sentencing. The Globe and Mail. https://www.theglobeandmail.com/canada/article-supreme-court-deadlines-criminal-sentencing/

Dated when The Aporia collected the article, usually within hours of publication. Check the original for its exact date and byline.

The Globe and Mail · collected 2026-09-12 · by David Ebner

Quick Summary

The Supreme Court of Canada ruled on Friday that delays between a criminal conviction and sentencing should be addressed case-by-case rather than through strict deadlines. The decision involved a sexual assault case where it took over a year to sentence the convicted individual. Justice Sheilah Martin wrote in her final judgment that when there’s an unreasonable delay after conviction, most cases should result in a reduced sentence for the offender instead of dismissing the charges entirely, as would typically happen if delays occurred before conviction.
Written by AI on 2026-09-12, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

The Supreme Court of Canada ruled on Friday that delays between conviction and sentencing should be assessed individually rather than applying strict deadlines, as established by previous rulings like Jordan (2016) for trials and Rahey (1987). The decision, in the case R.B.-C., involved a sexual assault conviction where more than one year passed before sentencing. The court’s unanimous judgment focused narrowly on addressing delays after conviction but before sentencing without setting new time limits. This clarification stems from the broader issue of ensuring fair and timely justice under Canada's Charter of Rights and Freedoms, which guarantees trials to be completed within a reasonable timeframe. Delays in the justice system have been persistent issues, prompting recent efforts by both Parliament and the Supreme Court to address these problems through various reforms and rulings.

Written for “Supreme Court Sentencing Rulings” on 2026-11-02, grounded in this article and the 1 other(s) covering the same event.

Story

📰 Supreme Court Sentencing Rulings
Politics · 2 article(s) covering the same event. See how they differ ↓

Compared with similar articles

This article reads unscored and hedges 12% of its claims. Each row says how that neighbour differs.
The Globe and Mail
Hedges 5 of 40 claims Outlet record 52/100
CBC News
Hedges 6 of 59 claims Outlet record 74/100
“Article A discusses a Supreme Court ruling regarding sentencing delays in criminal cases generally, while Article B describes specific instances of justice system delays affecting individuals in northern Quebec.”
The Globe and Mail
⚖️ Leans left Hedges 13 of 67 claims Outlet record 52/100
“Article A discusses the broader issue of trial delays and their impact on the justice system, while Article B reports on a specific Supreme Court ruling regarding sentencing delays after conviction.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
40
sentences that state something as happening or true
Uncertain
12%
5 of 40 hedged ("reportedly", "may", "according to")
Leaning
not political
takes no side on a contested political question
Publisher signals
52/100
The Globe and Mail's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
2
Politics
Same framing elsewhere
2
articles that frame the event the way this one does
Analyzed 2026-09-12 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

The Globe and Mail · 1033 article(s) · 35 correction(s) detected
Running correction rate · 35 correction(s)

Who wrote this

David Ebner
7 article(s) here · 1 carrying a prediction
🔮 In a social media post on Monday morning, the premier made one last push for “Yes to the Nine” and said it would mean Alberta “gets a real say” over immigration and “constitutional reforms that protect this province’s authority no matter who sits in Ottawa.”
🔮 A hearing on the Nuchatlaht case has not yet been scheduled and likely wouldn’t happen before next spring or possibly next fall.
🔮 If the top provincial court affirms the restoration of faint hope, it would likely presage a high-profile showdown at the Supreme Court of Canada.
🔮 The judges do not reveal why they say yes or no to new cases, but the Supreme Court Act outlines the main two criteria: whether a top court ruling would answer questions of national importance or settle conflicting judgments in the lower courts across the country.
🔮 The Supreme Court earlier this year said it might reconsider its Rahey precedent.
🔮 A Supreme Court ruling in May clearly stated that the country’s top judges are ready to reconsider one of their long-standing precedents.
🔮 Premier Doug Ford’s government said the new system, which was first announced last November, will improve public safety.
Also by David Ebner
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 7 articles by David Ebner →

Topics

Charter Ontario Rahey The Ontario Court of Justice The Supreme Court

Subjects

The Supreme Court ORG · 7× Jordan PERSON · 3× Ontario GPE · 3× The Ontario Court of Justice ORG · 2× Canada GPE · 1× Parliament ORG · 1× Sheilah Martin PERSON · 1× Supreme Court ORG · 1× The Supreme Court of Canada ORG · 1× the Ontario Court of Appeal ORG · 1×

Narrative

The Supreme Court of Canada on Friday clarified how the justice system should handle delays after a person is convicted of a crime but before they are sentenced, ruling that such situations must be considered on a case-by-case basis.
framing: assertive · carried by 2 article(s) · first seen 2026-09-12
🔮 The Supreme Court earlier this year said it might reconsider its Rahey precedent.
2026-09-12 · The Globe and Mail
Supreme Court rejects strict deadlines during criminal sentencing · assertive framing
2026-09-15 · The Globe and Mail
Supreme Court rules no need to set time limit for sentencing proceedings · assertive framing

Claims (40 extracted, 5 hedged)

The Supreme Court of Canada on Friday clarified how the justice system should handle delays after a person is convicted of a crime but before they are sentenced, ruling that such situations must be considered on a case-by-case basis. asserted
situations → clarify → basis
Friday’s judgment, called R.B.-C., involved a conviction for sexual assault where it took more than a year to deliver the sentence. asserted
it → call → sentence
The unanimous court took a relatively narrow approach to answer specific questions in the R.B.-C. appeal. asserted
court → take → appeal
The case intersected with major legal issues: the protection in the Charter of Rights and Freedoms to be tried within a reasonable time when charged with a crime, and what happens when that right is violated. asserted
right → intersect → crime
Such questions are usually focused on the process of a criminal trial. asserted
questions → focus → trial
The Supreme Court a decade ago, in the landmark Jordan ruling, set strict deadlines for trials to be completed, from charge to conviction. asserted
trials → set → conviction
If there’s an unreasonable delay that violates the Charter, a Supreme Court precedent from 1987 called Rahey means that the only outcome is a stay of proceedings. asserted
outcome → ’ → proceedings
The accused is freed without a verdict. asserted
accused → accuse → verdict
Delays plague Canada’s justice system. asserted
Delays → plague → system
Parliament and the Supreme Court in recent months have wrestled with the challenge. asserted
Parliament → wrestle → challenge
The Supreme Court earlier this year said it might reconsider its Rahey precedent. uncertain
it → say → precedent
Friday’s R.B.-C. judgment zeroed in on delays between conviction and sentencing. asserted
judgment → zero → conviction
It was written by Justice Sheilah Martin in her final months of work as she retires this year. asserted
she → write → work
If there is a Charter violation of unreasonable delay after conviction, the top court said the remedy in most cases is a reduction in the sentence levied on the offender. asserted
remedy → be → offender
The court noted that it had not previously provided such precise guidance. asserted
it → note → guidance
The court further said that delays after conviction should not be measured against a strict deadline, the way Jordan is used to consider trial delays. asserted
Jordan → say → delays
The key difference between the two phases is a person at trial is presumed innocent. asserted
person → presume → trial
In the R.B.-C. case, a man studying for his PhD at a university in Ontario assaulted his new girlfriend one evening in 2019. asserted
man → study → 2019
The Ontario Court of Justice convicted him in 2021, but it took more than a year to render the punishment: a conditional sentence of two years less a day. asserted
it → convict → years
The man asked the Ontario Court of Justice for a stay of the proceedings because of unreasonable delay. asserted
man → ask → delay
The court said no. asserted
court → say → ?
But the Ontario Court of Appeal in 2024 ruled that there was an unreasonable delay. asserted
Court → rule → 2024
Both courts were working with a rule applicable only in Ontario, a five-month deadline to deliver a sentence after conviction. asserted
courts → work → conviction
The Ontario appeal court reduced his conditional sentence by four months. asserted
court → reduce → months
At the Supreme Court, the man, R.B.-C., once more sought a complete stay of the proceedings – which would wipe out his conviction. asserted
which → seek → conviction
On Friday, the top court said no. asserted
court → say → Friday
The Supreme Court agreed that there was an unreasonable delay in his sentencing, engaging the Charter of Rights. asserted
Court → agree → Rights
The top court also agreed with the Ontario appeal court’s move to reduce the conditional sentence by four months. asserted
court → agree → months
The Supreme Court, however, rejected the idea of a five-month deadline between conviction and sentencing. asserted
Court → reject → conviction
Justice Martin, invoking the central rationale of the Jordan ruling, said trial deadlines were established to address a “proven culture of complacency in bringing accused persons to trial.” asserted
deadlines → invoke → trial
On delays between conviction and sentencing, she said strict deadlines didn’t make sense because “no comparable evidentiary foundation has been established.” asserted
foundation → say → sense
Lawyers for R.B.-C. on Friday said they were disappointed that the Supreme Court will allow sentencing proceedings to continue “even after they have become unconstitutional” because of unreasonable delay. asserted
they → say → delay
“Courts, more than any other institution, should respect constitutional rights,” said lawyers Arash Ghiassi and Julia Kirby of Savards LLP in a statement. asserted
Ghiassi → respect → statement
They said that allowing cases to drag on beyond the point of unreasonable delay “will not fix the system.” asserted
cases → say → system
They also said Friday’s ruling means that R.B.-C., an Iranian, may be deported back to Iran because of his conviction and his immigration status. uncertain
R.B.-C. → say → conviction
The Canadian Civil Liberties Association, an intervener in the case, on Friday said sentence reductions are not a meaningful remedy for a violation of the Charter right on delay. asserted
reductions → say → delay
The advocacy group added that the vagueness of the remedy does not “provide the clarity necessary” to push the justice system to render sentences in a timely manner. asserted
vagueness → add → manner
Beyond the R.B.-C. case itself, the broader question of how the Supreme Court may grapple with the issue of cases stayed because of unreasonable trial delays is not yet answered. uncertain
Court → grapple → delays
In May, in another Jordan-related ruling, Chief Justice Richard Wagner said the court might reconsider its Rahey precedent, which dictates that a stay is the only remedy for an unreasonable trial delay. uncertain
stay → relate → delay
“It may be that the time is near at hand when Rahey should be revisited,” the Chief Justice wrote. uncertain
Justice → revisit → hand
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