R. v. MacDougall

R. v. MacDougall

Section 11(b) protects the right to be sentenced within a reasonable time; delay due to a judge’s illness is not automatically Crown or systemic delay — it is inherent until the point when it is reasonable to seek the judge’s removal, and on the facts the 22-month delay was not unreasonable so no s.11(b) breach...

Source-derived case information.

Citation
[1998] 3 SCR 45
Parties
Appellant: Her Majesty The Queen; Respondent: Patrick Arnold MacDougall
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 October 1998
Procedural Posture
Criminal / Appeal to Supreme Court of Canada From Prince Edward Island Supreme Court, Appeal Division
Outcome
Appeal allowed
Legal Topics
Charter S.11(b), Reasonable Time, Sentencing Delay, Judicial Illness, Stay of Proceedings
Source Language
english
Constitutional Law Criminal Law Charter S.11(b) Reasonable Time Sentencing Delay Judicial Illness Stay of Proceedings

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Parties

Her Majesty The Queen

Appellant

Patrick Arnold MacDougall

Respondent

Procedural Posture

Criminal / Appeal to Supreme Court of Canada From Prince Edward Island Supreme Court, Appeal Division

Legal Issues

  1. 1 Whether s.11(b) right to be tried within a reasonable time extends to sentencing
  2. 2 How to characterize and allocate delay caused by a trial judge’s illness and when such delay violates s.11(b)

Ratio Decidendi

Section 11(b) protects the right to be sentenced within a reasonable time; delay due to a judge’s illness is not automatically Crown or systemic delay — it is inherent until the point when it is reasonable to seek the judge’s removal, and on the facts the 22-month delay was not unreasonable so no s.11(b) breach occurred; appeal allowed and case remitted for sentencing.

Court Disposition

Appeal allowed

Orders

  • Stay of proceedings set aside
  • Matter remitted to Prince Edward Island Provincial Court for sentencing