As Arbour J. noted, in Toronto v. C.U.P.E. the challenge was not to the propriety of the criminal conviction. At para. 34 she said as follows: … [I]n the case at bar, the union does not seek to overturn the sexual abuse conviction itself, but simply contest, for the purposes of a different claim with different legal consequences, whether the conviction was correct. It is an implicit attack on the correctness of the factual basis of the decision, not a contest about whether that decision has legal force, as clearly it does. Prohibited "collateral attacks" are abuses of the court's process.
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