Court of Queen’s Bench for Saskatchewan Summary Conviction Appeal Rules (SI/2011-20)

Regulations are current to 2017-11-20 and last amended on 2014-12-01. Previous Versions

Court of Queen’s Bench for Saskatchewan Summary Conviction Appeal Rules

SI/2011-20

CRIMINAL CODE

Registration 2011-03-16

Court of Queen’s Bench for Saskatchewan Summary Conviction Appeal Rules

The annexed Rules were made by the Court of Queen’s Bench for Saskatchewan pursuant to section 482Footnote a of the Criminal CodeFootnote b and section 28 of the Queen’s Bench Act, 1998Footnote c.

Regina, Saskatchewan, February 24, 2011

THE HONOURABLE ROBERT D. LAING
Chief Justice
Court of Queen’s Bench for Saskatchewan
Marginal note:Interpretation

 In these Rules,

appeal

appeal means an appeal from a summary conviction court under Part XXVII of the Criminal Code, R.S.C. 1985, c. C-46, and The Summary Offences Procedure Act, 1990, S.S. 1990-91, c. S-63.1, as amended from time to time; (appel)

appeal court

appeal court means the Court of Queen’s Bench for Saskatchewan; (tribunal d’appel)

authority

authority means

  • (a) a municipality,

  • (b) the Meewasin Valley Authority,

  • (c) the Wakamow Valley Authority,

  • (d) the Wascana Centre Authority,

  • (e) the University of Regina, or

  • (f) the University of Saskatchewan; (autorité)

file

file means file with a local registrar; (déposer)

Form

Form mean a Form as set out in the Appendix to these Rules; (formule)

judge

judge means a judge of the appeal court; (juge)

local registrar

local registrar includes a deputy local registrar of the appeal court; (registraire local)

prosecutor

prosecutor means,

  • (a) with respect to an appeal in respect of an offence under the Criminal Code, a prosecutor as defined in section 2 of the Criminal Code;

  • (b) with respect to an appeal in respect of an offence under an Act of Saskatchewan or a regulation made pursuant to an Act of Saskatchewan, the following persons, including counsel or an agent acting on behalf of any of them:

    • (i) the Attorney General for Saskatchewan, or

    • (ii) if the Attorney General for Saskatchewan does not intervene, the informant or person who issued the ticket for the offence;

  • (c) with respect to an appeal in respect of an offence under an Act of the Parliament of Canada or a regulation made pursuant to an Act of the Parliament of Canada, the following persons, including counsel or an agent acting on behalf of any of them:

    • (i) the Attorney General of Canada, or

    • (ii) if the Attorney General of Canada does not intervene, the informant or person who issued the ticket for the offence;

  • (d) with respect to an appeal in respect of a bylaw of an authority, the authority and includes anyone authorized by the authority to prosecute bylaws on its behalf. (poursuivant)

Marginal note:Appeal by defendant
  •  (1) A defendant who commences an appeal shall file with the local registrar nearest to the place where the decision was made a Notice of Appeal in Form 1 in accordance with the instructions on that form.

  • (2) The defendant shall commence the appeal under this Rule within 30 days after the pronouncement of the order under appeal, or within 30 days after the imposition of sentence if a sentence has been imposed, whichever is later.

  • (3) The defendant shall state their address for service on the Notice of Appeal, including

    • (a) their telephone number; and

    • (b) if applicable, their fax number and email address.

  • (4) After filing a Notice of Appeal, the defendant shall notify the local registrar in writing of any change to that information.

  • (5) Filing of the Notice of Appeal with the local registrar constitutes service on the prosecutor.

  • (6) The local registrar shall forward a copy of the Notice of Appeal to the prosecutor.

Marginal note:Appeal by prosecutor
  •  (1) A prosecutor who commences an appeal shall file with the local registrar nearest to the place where the decision was made a Notice of Appeal in Form 2 in accordance with the instructions on that form.

  • (2) The prosecutor shall commence the appeal under this Rule within 30 days after the pronouncement of the order under appeal, or within 30 days after the imposition of sentence if a sentence has been imposed, whichever is later.

  • (3) The prosecutor shall state their address for service on the Notice of Appeal, including

    • (a) their telephone number; and

    • (b) if applicable, their fax number and email address.

  • (4) The prosecutor shall serve the defendant with the Notice of Appeal not later than 10 days after it is filed with the local registrar.

Marginal note:Service on defendant
  •  (1) The prosecutor shall serve the Notice of Appeal and any other document required to be served on the defendant by personal service.

  • (2) The prosecutor shall file proof of service with the local registrar.

  • (3) If the prosecutor is unable to serve the Notice of Appeal or any other document that is required to be served on the defendant personally, the prosecutor may apply ex parte to a judge of the appeal court for an order to serve the defendant in the manner that the appeal court directs.

  • (4) If the prosecutor serves the Notice of Appeal or any other document that is required to be served in accordance with an order for substituted service, the defendant is deemed to have been served with that document.

  • (5) On the application of the defendant or prosecutor, the appeal court may:

    • (a) set aside or vary an order for substituted service as the appeal court considers just; and

    • (b) make any order respecting service of either or both of the Notice of Appeal and any other document.

Marginal note:Material from summary conviction court

 After the Notice of Appeal has been filed, the local registrar shall obtain the material provided for in subsection 821(1) of the Criminal Code from the summary conviction court.

Marginal note:Transcipts
  •  (1) Within 14 days after serving the Notice of Appeal, the appellant shall furnish to the local registrar proof, satisfactory to the local registrar, that transcripts of the trial proceedings have been ordered.

  • (2) Subrule (1) does not apply if the appellant has applied under Rule 8 for a trial de novo.

Marginal note:Transcript of evidence

 Unless the appeal court otherwise orders, or an agreed statement of facts has been filed pursuant to subsection 830(2) of the Criminal Code, the appellant shall, within 10 days after receipt of the transcript,

  • (a) if the appeal is against an order other than sentence,

    • (i) file

      • (A) the original and one copy of the transcript of evidence, and

      • (B) the reasons for judgment from the summary conviction court, and

    • (ii) serve one copy of the transcript of evidence and the reasons for judgment on the respondent;

  • (b) if the appeal is against sentence,

    • (i) file

      • (A) the transcript of evidence, if any, of the sentencing proceedings, including the submissions of the prosecution and the defence as to sentence, and

      • (B) the reasons for sentence, and

    • (ii) serve one copy of the transcript of evidence mentioned in clause (i)(A) and the reasons for sentence on the respondent; or

  • (c) if the appeal is against both sentence and an order other than sentence, file and serve on the respondent the material mentioned in paragraphs (a) and (b) within 10 days after receipt of the transcript.

 
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