Can a judicial stay apply to appeal from the Court of Appeal?
British Columbia, Canada
The following excerpt is from R. v. Jewitt, 1983 CanLII 233 (BC CA):
In Rourke v. The Queen (1977), 1977 CanLII 191 (SCC), 35 C.C.C. (2d) 129, 76 D.L.R. (3d) 193, [1978] 1 S.C.R. 1021, 38 C.R.N.S. 268, [1977] 5 W.W.R. 487, 16 N.R. 181, Pigeon J. pointed to the absence of provision in the Code for appealing from a judicial stay as support for his view that there was no power to grant such a stay.
The difference between an acquittal and a judicial stay is spelled out in the reasons for judgment of Lamer J. in Hammerling v. The Queen (1982), 1982 CanLII 223 (SCC), 1 C.C.C. (3d) 353 at pp. 357-8, 142 D.L.R. (3d) 577, 45 N.R. 135 at p. 137 (S.C.C.), so clearly that I think it not possible to say that the one is really the other.
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