Rule 63 — Summary Conviction Appeal (SI/2009-23)

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Rule 63 — Summary Conviction Appeal

SI/2009-23

CRIMINAL CODE

Registration 2009-04-01

Rule 63 — Summary Conviction Appeal

The Supreme Court of Nova Scotia, pursuant to section 482Footnote a of the Criminal CodeFootnote b, hereby makes the annexed Rule 63 — Summary Conviction Appeal.

Halifax, Nova Scotia, February 27, 2009

THE HONORABLE JOSEPH P. KENNEDY
Chief Justice of the Supreme Court of Nova Scotia

Definition

 In this Rule, decision means any of the following determinations:

  • (a) a conviction or a finding of guilt;

  • (b) a dismissal of, or order staying a proceeding on, an information;

  • (c) a sentence;

  • (d) a verdict of unfit to stand trial or not criminally responsible on account of mental disorder;

  • (e) any other order or determination that is made on summary conviction and for which an appeal is available to the Supreme Court of Nova Scotia.

Scope of Rule 63

  •  (1) This Rule applies to a summary conviction appeal under Part XXVII of the Criminal Code, which includes an appeal of a decision in both a federal summary conviction proceeding and, by operation of the Summary Proceedings Act (Nova Scotia), a provincial summary conviction proceeding.

  • (2) This Rule is made under subsections 482(1) and (3) of the Criminal Code.

  • (3) This Rule includes directions, as referred to in subsection 815(1) of the Criminal Code, on the manner in which and the period within which notice of an appeal is given.

  • (4) A person who appeals a decision in a summary conviction proceeding may bring the appeal in accordance with this Rule.

Other Rules apply

  •  (1) All Rules outside this Rule apply to the extent that they provide procedures that are suitable to a summary conviction appeal, and are not inconsistent with the provisions of the Criminal Code or this Rule.

  • (2) In particular, Rule 91 — Criminal Appeal, made by the judges of the Nova Scotia Court of Appeal applies, including the Rules providing for a prisoner appeal, cross-appeal, transcript, and appeal book, subject to each of the following modifications or exceptions:

    • (a) Rule 91 must be read as if a reference to the registrar were a reference to the prothonotary;

    • (b) no provision in Rule 91 about leave to appeal applies;

    • (c) no provision in Rule 91 that is inconsistent with this Rule 63 applies.

Heading

  •  (1) A document filed under this Rule 63 must contain a standard heading in Form 63.04.

  • (2) The year to be stated in the heading must be the year in which the appeal is started, the court number must be left blank for assignment by the prothonotary, and the charge number and person number must be obtained from the Provincial Court of Nova Scotia.

How and when appeal started

  •  (1) A person may start an appeal of a decision in a summary conviction proceeding by filing a notice of appeal within one of the following periods:

    • (a) not more than twenty-five days after the day on which the appellant is sentenced, if the appeal is from a conviction, finding of guilt, sentence, or both a conviction or finding of guilt and a sentence;

    • (b) not more than twenty-five days after the day on which the decision is made, if the appeal is from a decision that is not a conviction, finding of guilt, or sentence.

  • (2) Subsection 815(2) of the Criminal Code provides for extension of the period within which notice of an appeal is given.

  • (3) The notice of appeal must be filed at the office of the prothonotary responsible for scheduling sittings of the Supreme Court of Nova Scotia in the municipality where the proceeding under appeal was heard, unless the prothonotary or a judge permits otherwise.

  • (4) The notice must contain a standard heading written in accordance with Rule 63.04, be entitled “Notice of Summary Conviction Appeal”, be dated and signed, and include all of the following:

    • (a) a notice that the appellant is appealing from a decision, including the names of the court appealed from and judge who made the decision, and the date and place of the decision;

    • (b) a notice of the time, date, and place when and where the appellant will make a motion for directions and to set the time, date and place for the hearing of the appeal;

    • (c) a statement of the charge and the decision;

    • (d) a concise statement of the grounds of appeal;

    • (e) a description of the result that the appellant seeks on the appeal;

    • (f) an indication of whether the appellant will make a motion for an interim order and, if so, what interim relief the motion will seek and when it will be made;

    • (g) an acknowledgement of the appellant’s obligation to provide a transcript under subsection 821(3) of the Criminal Code, and information about when the appellant is to deliver a transcript to the court and the respondent;

    • (h) a designation of an address for delivery of documents to each appellant.

  • (5) The appellant must provide to the prothonotary further information by which the appellant may be contacted, such as a telephone number, e-mail address, or fax number.

  • (6) The notice of summary conviction appeal may be in Form 63.05.

Date, place and notice of motion

  •  (1) The date for the motion in the notice of summary conviction appeal may not be more than twenty-five days after the day on which the notice is filed.

  • (2) The motion must be heard at the courthouse in which the notice is filed, unless the prothonotary or a judge permits the appellant to make the motion at another place or in another way provided for in Part 6 — Motions.

  • (3) Notice must be given to a respondent who is not the Crown in accordance with the provisions for giving notice of a proceeding to a party in Rule 31 — Notice.

  • (4) Notice must be given to the Crown by delivering a copy of the notice of summary conviction appeal to the office of the person who represented the Crown in the proceeding under appeal.

Respondent’s information

 A respondent who wishes to participate in an appeal must file a designation of address for delivery under Rule 31 — Notice, and provide to the prothonotary further information by which the respondent may be contacted, such as a telephone number, e-mail address, or fax number.

Date and directions for appeal

 A judge hearing a motion for directions and to set a time, date, and place for hearing an appeal may do any of the following:

  • (a) set the time, date, and place;

  • (b) designate the respondent’s address for delivery, if the respondent has failed to do so;

  • (c) set dates for filing the appeal book, the appellant’s brief, the respondent’s brief and any appellant’s reply brief;

  • (d) give other directions.

Dismissal for failure to file or deliver

 A judge may dismiss the appeal of an appellant who fails to file within a directed time, or to immediately deliver to the respondent, an appeal book, brief, or other directed document.

Conduct of appeal

 The appeal is conducted in accordance with section 822 of the Criminal Code.

 
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