R. v. MacDougall, [1998] 3 S.C.R. 45 (1998)
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R. v. MacDougall, [1998] 3 S.C.R. 45 (1998)
R. v. MacDougall, [1998] 3 S.C.R. 45
Her Majesty The Queen Appellant v.Patrick Arnold MacDougall RespondentIndexed as: R. v. MacDougallFile No.: 25931.1998: May 21; 1998: October 29.Present: Lamer C.J. and L'Heureux-Dubé, Gonthier, Cory, McLachlin, Major and Bastarache JJ.on appeal from the prince edward island supreme court, appeal divisionConstitutional law -- Charter of Rights -- Trial within reasonable time -- Sentencing delay -- Judicial illness -- Sentencing delay primarily due to prolonged illness of trial judge -- Whether right to be tried within reasonable time applies to sentencing -- Principles applicable for proper characterization of delay related to judicial illness -- Point at which delay in sentencing related to trial judge's illness violates right to be tried within reasonable time -- Canadian Charter of Rights and Freedoms, s. 11(b).On December 2, 1994, the accused was charged with indecent assault. At his first appearance on January 16, 1995, he requested an adjournment for election and plea. On February 13, he pled not guilty. On April 5, he changed his plea to guilty. The matter was then adjourned for the preparation of a pre-sentence report. The Crown subsequently requested two extensions. On July 14, the case was suspended indefinitely because of the trial judge's illness. The trial judge eventually resigned on April 15, 1996, and on May 21 the Crown requested that a new judge be assigned to sentence the accused. The new judge was assigned the next day. The accused did not appear for sentencing on June 13. He was later arrested and on July 11 appeared before the new judge. The matter was adjourned until September 24 for a defence motion to have the charges stayed. On that date, the new judge granted the motion, holding that the approximately 22-month delay which occurred between the laying of the charge and the hearing for a stay violated s. 11(b) of the Canadian Charter of Rights and Freedoms. The Court of Appeal dismissed the Crown's appeal.Held: The appeal should be allowed and the case remitted to the trial court for sentencing.(1) Whether the right to be tried within a reasonable time extends to sentencingThe right to be tried within a reasonable time under s. 11(b) of the Charter includes the right to be sentenced within a reasonable time. Both the wording of s. 11(b) and the interests it protects support this conclusion. Section 11 comprises a wide range of rights which protect the accused from the moment he or she is first charged with an offence to the final resolution of the matter, including sentencing. While s. 11 protection is triggered when a person is "charged with an offence", the specific rights available to an individual who has been charged with an offence vary with the stage of proceedings. Section 11 provides for different forms and levels of protection for each stage of the criminal process. It follows that "charged with an offence" cannot be restricted to a particular phase of the proceedings. Rather, what is required is an interpretation that harmonizes as much as possible all of the subsections of s. 11 an...See the full content of this document
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