What is the legal test to determine whether a judge has jurisdiction to consider an application for leave of execution?

British Columbia, Canada


The following excerpt is from R. v. Moore, 2014 BCPC 135 (CanLII):

As Justice Toy in our province said, in Diamonti v. The Queen, (1982) 61 C.C.C (2d) 482 at 488, the issue is procedural and necessarily incidental to the powers of any trial judge to consider this type of application.

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