I do not consider whether there was a defence to the conviction to be a matter which relates to the "applicability" of the conviction, but, rather, goes to the merits of the conviction itself. To allow a challenge to the convictions would be a collateral attack on them. As stated by McIntyre J. in Wilson v. Her Majesty the Queen, 1983 CanLII 35 (SCC), [1983] 2 S.C.R. 594 at 599: . . . It has long been a fundamental rule that a court order, made by a court having jurisdiction to make it, stands and is binding and conclusive unless it is set aside on appeal or lawfully quashed. It is also well settled in the authorities that such an order may not be attacked collaterally - and a collateral attach may be described as an attack made in proceedings other than those whose specific object is the reversal, variation, or nullification of the order or judgment.
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