Understand the Rules

There are different sections of law that apply to stay applications. Part 7 of the the Courts of Justice Act covers court proceedings in civil matters (divorce proceedings, child custody disputes, somebody is suing someone, etc.) Your charge is a provincial offence not a civil matter, so this section of law should not apply to you at all.

However, section 95(3) of the Act states that some of these rules do apply to provincial offences courts. Specifically, stay applications based on constitutional questions must adhere to section 109. This section contains the rules you must follow to apply for a stay.

Let's look at section 109 in detail.

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