Just doing a cursory Google search, in rush to get out door, and I'll search more later, but researching what to expect from a "Stay" in Ontario is not necessarily a slam-dunk. Whether or not intervenors can participate in a 'stay hearing' I'm not sure, trying to find that out, but meantime, this is very noteworthy, albeit the details differ from the case in question, not least that this is Federal, not Provincial, but the same Charter Rights are mentioned elsewhere in this case:
http://www.cavalluzzo.com/docs/defa...ed-june-23-2014-(c1079587xa0e3a).pdf?sfvrsn=0
After reading that, this reference, which I had discarded as being relevant, now is:
https://www.paliareroland.com/docs/...rventions-at-the-court-of-appeal.pdf?sfvrsn=0
I freely admit that I haven't fully digested the context, relevance and applicability to the imminent case(s) being brought by Ford et al, but the more I read, the more I see the courts leaning to *reason, common sense and good government*.
My bet is that the application for stay is declined...if 'intervenors' aren't allowed at stay hearings, then the Province's appeal hearing will. And on the basis of a pending appeal, the leave for stay might be even further in jeopardy. 'Intervenors' could/would include 'the Elders' who've spoken so vociferously, some of whom know the courts inside out (McMurtry immediately comes to mind).
More later.
Quick Addendum: Note that Section 33 cannot be applied "retroactively". But there's no such limit on court judgments. I surmise (prematurely, admittedly) that even if Ford et al win initially in getting a 'Stay of Judgment'...they'll lose in subsequent cases. Where this leaves Toronto's Civic Election, already in jeopardy, is a good question. The Courts do have the power to order remedial action, and Ford might become the victim of Unintended Consequences if the SCC is necessary to rule on the case. It won't be the way he expects, and could add remedy as a precedent for future cases. Note to mention that it could come from the Federal Courts.
The other Cons chomping at the bit to dilute those powers will not forget Dear Folk Ford. A BBQ will be held every year in cowpatch country, where they roast Ford Interiors in memoriam of the Great Oaf.