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

APPENDIX

FORM 1(Notice of Appeal by Defendant)

Q.B.G. No. of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Notice of appeal

THE APPELLANT hereby appeals from:

(check one of the following)

  •  the order made;

  •  the conviction entered;

  •  the sentence imposed; or

  •  both the conviction entered and the sentence imposed;

in the Summary Conviction Court.

Information About the Conviction and/or Sentence Under Appeal:
  • 1 Name of Summary Conviction Court

  • 2 Location of Summary Conviction Court

  • 3 Name of Presiding Judge or Justice in Summary Conviction Court

  • 4 Date on which the Conviction was Entered

  • 5 Description of Conviction Entered (state fully offence(s) on which convicted)

  • 6 Date on which the Sentence was Imposed

  • 7 Description of Sentence Imposed

Grounds of Appeal:

(set out briefly the basis of the Appeal)

Order Sought:

(set out briefly what order the Appellant is seeking)

Information About the Appellant:
  • 1 The Appellant is:

    (check one of the following)

    •  incarcerated at ; or

    •  not incarcerated.

  • 2 The Appellant:

    (check one of the following)

    •  will be represented by a lawyer on the Appeal; or

    •  will not be represented by a lawyer on the Appeal.

  • 3 The Appellant wishes to present the Appeal:

    (check one of the following)

    •  by memorandum of argument; or

    •  by oral presentation and by memorandum of argument.

  • 4 The Appellant’s address for service is:

    (include telephone number, email address and fax number if applicable)

DATED at , Saskatchewan, this day of , 20.

(Signature of Appellant or Appellant’s Lawyer)

TO: The Local Registrar of the Judicial Centre of

This document was delivered by:

(name, address, telephone number,

fax number and email address of appellant

or appellant’s lawyer)

FORM 2(Notice of Appeal by Prosecutor)

Q.B.G. No. of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Notice of appeal

THE PROSECUTOR hereby appeals from:

(check one of the following)

  •  the order made;

  •  the dismissal order made;

  •  the sentence imposed; or

  •  both the dismissal order made and the sentence imposed;

in the Summary Conviction Court.

Information About the Conviction and/or Sentence Under Appeal:
  • 1 Name of Summary Conviction Court

  • 2 Location of Summary Conviction Court

  • 3 Name of Presiding Judge or Justice in Summary Conviction Court

  • 4 Date on which the Order was Made

    (complete if Appeal relates to order or dismissal order)

  • 5 Description of Order Made

    (if dismissal order, state fully the offence or offences charged in the information dismissed)

  • 6 Date on which the Sentence was Imposed

    (complete if Appeal relates to sentence imposed)

  • 7 Description of Sentence Imposed

Grounds of Appeal:

(set out briefly the basis of the Appeal)

Order Sought:

(set out briefly what order the Appellant is seeking)

Information About the Appellant:
  • 1 The Appellant wishes to present the Appeal:

    (check one of the following)

    •  by memorandum of argument; or

    •  by oral presentation and by memorandum of argument.

  • 2 The Appellant’s address for service is:

    (include telephone number, email address and fax number if applicable).

DATED at , Saskatchewan, this day of , 20.

(Signature of Prosecutor)

TO: The Respondent,

AND TO: The Local Registrar of the Judicial Centre of

This document was delivered by: .

(name, address, telephone number,

fax number and email address of appellant)

FORM 3

Q.B.G. No of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Appellant’s Memorandum of Argument

  • 1 Introduction:

  • 2 Jurisdiction and Standard of Review:

  • 3 Summary of Facts:

  • 4 Points in Issue:

  • 5 Argument:

  • 6 Relief:

  • 7 Authorities:

DATED at , Saskatchewan, this day of 20.

(Signature of Appellant or Appellant’s Lawyer)

TO: The Local Registrar of the Judicial Centre of

AND TO: The Respondent,

This document was delivered by:

(name, address, telephone number, fax number and email address of appellant or appellant’s lawyer)

FORM 4

Q.B.G. No of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Respondent’s Memorandum of Argument

  • 1 Introduction:

  • 2 Jurisdiction and Standard of Review:

  • 3 Summary of Facts:

  • 4 Points in Issue:

  • 5 Argument:

  • 6 Relief:

  • 7 Authorities:

DATED at , Saskatchewan, this day of 20.

(Signature of Respondent or Respondent’s Lawyer)

TO: The Local Registrar of the Judicial Centre of

AND TO: The Appellant,

This document was delivered by:

(name, address, telephone number, fax number and email address of respondent or respondents lawyer)

FORM 5

Q.B.G. No. of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Notice of abandonment

THE APPELLANT hereby abandons this appeal.

DATED at , Saskatchewan, this day of , 20.

(Signature of Appellant or Appellant’s Lawyer)

[if this document is signed by the Appellant, the attached Affidavit of Execution must also be completed]

This notice was signed by the Appellant in the presence of:

(subscribing witness)
(print name of subscribing witness)

TO: The Local Registrar of the Judicial Centre of

This document was delivered by: .

(name, address, telephone number,

fax number and email address of appellant

or appellant’s lawyer)

Affidavit of execution

I, , of , in the Province of , MAKE OATH AND SAY:

  • 1 That I was personally present and did see , the Appellant named in the Notice of Abandonment, who is personally known to me to be the person named in it, duly sign and execute the Notice of Abandonment;

  • 2 That the Notice was executed at , in the Province of and that I am a subscribing witness to it;

  • 3 That I know the said and he/she is in my belief eighteen years of age or more.

SWORN BEFORE ME AT in the Province of Saskatchewan, this day of , 20 .

A Commissioner for Oaths
In and for the Province of Saskatchewan.
My commission expires:
OR
Being a Solicitor.

FORM 6

Q.B.G. No. of 20

IN THE COURT OF QUEEN’S BENCH

JUDICIAL CENTRE OF

BETWEEN:

APPELLANT

AND

RESPONDENT

Notice of application

TAKE NOTICE that the Appellant will make an application at the Court House, Judicial Centre of , Saskatchewan, at a date and time to be set by the Local Registrar, for an Order that:

(check one or more of the following)

  •  the appellant be released from custody;

  •  the probation order in this matter be stayed; or

  •  the driving prohibition in this matter be stayed pending the determination of the Appellant’s Appeal.

(if the appellant seeks an order other than one mentioned above, the appellant must here set out the nature of the stay order sought)

AND TAKE NOTICE that the application will be made on the following grounds:

(briefly state grounds for application)

AND FURTHER TAKE NOTICE that in support of the said application will be read this Notice of Application, Affidavit of and proof of service where necessary, all filed.

DATED at , Saskatchewan, this day of , 20.

(Signature of Appellant or Appellant’s Lawyer)

TO: The Local Registrar of the Judicial Centre of

AND TO: The Respondent

This document was delivered by: .

(name, address, telephone number,

fax number and email address of appellant

or appellant’s lawyer)

  • SI/2015-41, s. 3.
 
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