Although this legislation appears to give an accused the right to appeal from the dismissal of an application for certiorari, including an application to quash an order to stand trial, or, mandamus or prohibition, the accused does not have the right to a stay of the trial proceedings pending the appeal. The power to grant a stay is discretionary, the test being whether the accused can show the existence of a serious question, and, unless a stay is granted he would suffer irreparable harm, and, that the balance of convenience favours granting the stay.1
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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