Thane A. MacEachern

The accused pleaded guilty to indecent assault.

Sentencing was delayed indefinitely due to the trial judge's illness, and the judge eventually resigned.

A new judge was assigned, but the accused successfully applied for a stay of proceedings, arguing the 22-month delay violated his right to be tried within a reasonable time under s. 11(b) of the Charter.

The Court of Appeal upheld the stay.

The Supreme Court of Canada allowed the Crown's appeal, holding that while s. 11(b) does apply to the sentencing phase, the delay in this case was not unreasonable because the period of the judge's illness constituted inherent time requirements rather than Crown delay.

The accused pleaded guilty to breaking and entering, but sentencing was delayed for 17 months primarily due to the prolonged illness and eventual resignation of the trial judge.

The new trial judge granted a stay of proceedings, finding the delay violated the accused's right to be tried within a reasonable time under s. 11(b) of the Charter, which the Court of Appeal upheld.

The Supreme Court of Canada allowed the Crown's appeal, holding that while s. 11(b) applies to sentencing, the delay in this case was not unreasonable because the period of judicial illness constituted inherent delay rather than Crown delay.