Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2017-11-20 and last amended on 2014-06-23. Previous Versions

Formal Order

  •  (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing.

  • (2) Any party to an appeal who wishes the order amended to better express the intent of the Court’s decision may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.

Extension or Abridgement of Time

  •  (1) Any time prescribed by this Rule, including the time prescribed for the filing of a notice of appeal, may be extended or abridged by the Court or a judge, before or after the expiration of the period.

  • (2) Notice of an application to extend or abridge the time shall be given to the opposite party, unless such application is made by consent or unless otherwise directed by the Court.

  • (3) An application to extend or abridge the time for filing a notice of appeal shall include an affidavit and any other relevant material indicating

    • (a) the potential merits of the appeal, including any questions of law that may be in issue on the appeal;

    • (b) an explanation for the failure to have filed the notice of appeal in accordance with the time limits prescribed by these Rules;

    • (c) whether the applicant had demonstrated an intention to appeal within the appeal period;

    • (d) the existence of any prejudice to the intended respondent and any third parties if the appeal were allowed to proceed;

    • (e) the existence of any special circumstances that might cause an injustice to the applicant if the application were refused; and

    • (f) any other information or factors that might reasonably have a bearing on the application.

  • (4) An appellant who is not represented by counsel may apply for an extension or abridgement of time by including with the proposed Form 82B notice of appeal an application for such extension. The Court may, on notice to the Attorney General and on giving the Attorney General an opportunity to be heard, consider the application and either grant or refuse the requested extension. The Registrar shall send to each party a copy of the Court’s order.

Effect of Non-compliance with Rules

  •  (1) Subject to subsection 82.23(3), non-compliance with these Rules does not render a proceeding void, but where non-compliance occurs, the Court may give any direction or make any order it considers appropriate to give effect to the intent of these Rules.

  • (2) Where a party to an appeal or their counsel fails to perfect the appeal within a period of six months after the filing of the transcript or, where no transcript is filed, within a period of six months after the filing of the notice of appeal, or a party or their counsel otherwise fails to comply with these Rules, the Court, on application of any other party to the appeal or of its own motion, on giving to the parties such notice, if any, as the Registrar is able to effect, or without notice if reasonable notice cannot be effected, may

    • (a) strike out the appeal;

    • (b) direct the appellant to perfect the appeal within a specified time;

    • (c) fix a date for hearing of the appeal; or

    • (d) make any other order as may be just.

  • (3) Where the notice of appeal was filed prior to the coming into effect of this Rule and six months have passed since the Rule came into effect with no order or step being made or taken under this Rule, the appeal shall be deemed to have been abandoned and the Registrar shall file a notice of deemed abandonment.

  • (4) On filing a notice of deemed abandonment of the appeal, the Registrar shall send a copy of the notice by ordinary mail or by facsimile transmission to counsel of record or to the parties at the last known addresses, if any, of such counsel or parties indicated in the documents filed in the appeal.

  • (5) Inability or failure of the Registrar to effect any notice required by this Rule shall not affect the deemed abandonment or striking out of an appeal.

  • (6) No proceedings shall thereafter be taken in any appeal deemed abandoned or struck out under this Rule unless the appeal is reinstated by the Court, which the Court may do on application and on such terms as the Court deems just.

  • (7) The Court may, on application by a party prior to the date on which the appeal would be deemed to be abandoned, on such terms as the Court deems just, order that the appeal not be deemed abandoned.

General

Timing with Respect to Motions

[SI/2014-62, s. 2]
  •  (1) Any party may seek from the Registrar a date and time for the hearing of a motion. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court orders otherwise.

  • (2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing.

  • SI/2014-62, s. 3.

Manner of Service of Other Notices and Documents in Prisoner Appeals

  •  (1) In a prisoner appeal, service of all notices and other documents pertaining to the appeal, other than the notice of appeal, shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned.

  • (2) Where a notice or document is initiated by the appellant, the official shall endorse on it the date of receipt, return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. The Registrar shall file the original and forward a copy to the Attorney General.

  • (3) Where a notice or document is initiated by the Attorney General, the original shall be filed with the Registrar. Service shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned who shall forthwith deliver the notice or document to the appellant. Delivery may be carried out by

    • (a) delivery to the official;

    • (b) prepaid registered or certified mail or courier to the official;

    • (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or

    • (d) any other manner that may be directed by the Court.

Manner of Service of Other Notices and Documents in All Other Appeals

  •  (1) In all other appeals, where the Attorney General is not the appellant, or a party is not represented by counsel, or both, service of notices and documents, other than the notice of appeal,

    • (a) when directed to the Attorney General, shall be effected by

      • (i) service on legal counsel instructed by the Attorney General,

      • (ii) prepaid registered mail to the Attorney General or counsel directed by the Attorney General, or

      • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; and

    • (b) when directed to another party, shall be effected by

      • (i) personal service,

      • (ii) prepaid registered or certified mail to the address of the party set out in the notice of appeal or as filed with the Registrar,

      • (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages, or

      • (iv) any other manner that may be directed by the Court.

  • (2) In all appeals referred to in this Rule, the original notice or document, and documents evidencing proof of service, if necessary, shall be filed with the Registrar.

 
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