Government of Canada / Gouvernement du Canada
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Criminal Code

Version of section 261 from 2008-07-02 to 2018-12-17:

Marginal note:Stay of order pending appeal

  •  (1) Subject to subsection (1.1), if an appeal is taken against a conviction or discharge under section 730 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any prohibition order under section 259 arising out of the conviction or discharge shall, on any conditions that the judge or court imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

  • Marginal note:Appeals to Supreme Court of Canada

    (1.1) In the case of an appeal to the Supreme Court of Canada, the direction referred to in subsection (1) may be made only by a judge of the court being appealed from and not by a judge of the Supreme Court of Canada.

  • Marginal note:Effect of conditions

    (2) If conditions are imposed under a direction made under subsection (1) or (1.1) that a prohibition order be stayed, the direction shall not operate to decrease the period of prohibition provided in the order.

  • R.S., 1985, c. C-46, s. 261
  • R.S., 1985, c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), s. 18(F)
  • 1994, c. 44, ss. 15, 103
  • 1995, c. 22, s. 10
  • 1997, c. 18, ss. 12, 141
  • 2006, c. 14, s. 5
  • 2008, c. 6, s. 27

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