What is the effect of a stay of execution on a child?

In the context of an appeal involving a child, the consideration at this stage is whether there would be irreparable harm to the child if the stay is not granted. The focus at this stage is on the nature of the harm that may be suffered, not the magnitude of the harm (Weir’s Construction Limited v. Warford Estate, 2016 NLCA 65, at para. 17).

The analysis under this branch of the test does not require conclusively determining that a party will suffer irreparable harm. A “credible reason for uncertainty” surrounding the harm may be sufficient under this stage of the test, with the degree of certainty being a contextual inquiry specific to the circumstances of the individual case (Rees v. Royal Canadian Mounted Police, 2005 NLCA 4, 244 Nfld. & P.E.I.R. 72, at para. 60).