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The Court of Appeal Criminal Appeal Rules (Saskatchewan) (SI/2011-9)

Regulations are current to 2024-03-06 and last amended on 2010-12-15. Previous Versions

The Court of Appeal Criminal Appeal Rules (Saskatchewan)

SI/2011-9

CRIMINAL CODE

Registration 2011-02-16

The Court of Appeal Criminal Appeal Rules (Saskatchewan)

The annexed Rules were made by the Court of Appeal for Saskatchewan pursuant to sections 482Footnote a and 482.1Footnote b of the Criminal CodeFootnote c.

Regina, Saskatchewan, November 25, 2010

COURT OF APPEAL FOR SASKATCHEWAN

The Honourable John Klebuc
Chief Justice of Saskatchewan
The Honourable Mr. Justice Stuart J. Cameron
The Honourable Mr. Justice William J. Vancise
The Honourable Madam Justice Marjorie A. Gerwing
The Honourable Mr. Justice J. Gary Lane
The Honourable Madam Justice Georgina R. Jackson
The Honourable Mr. Justice Robert G. Richards
The Honourable Madam Justice Gene Anne Smith
The Honourable Mr. Justice Ralph K. Ottenbreit
The Honourable Mr. Justice Neal W. Caldwell

PART ITitle and Interpretation

Marginal note:Title

 These rules may be cited as The Court of Appeal Criminal Appeal Rules (Saskatchewan).

Marginal note:Interpretation

  •  (1) In these rules:

    appellant

    appellant means the person who brings an appeal; (appelant)

    chief justice

    chief justice means the chief justice as defined in The Court of Appeal Act, 2000; (juge en chef)

    Code

    Code means the Criminal Code (Canada); (Code)

    court

    court means the Court of Appeal for Saskatchewan; (Cour)

    file

    file means to file with the registrar; (déposer)

    judge

    judge means a judge as defined in The Court of Appeal Act, 2000; (juge)

    Notice of Appeal

    Notice of Appeal means the document that commences an appeal; (avis d’appel)

    offender

    offender means a person convicted of an offence; (contrevenant)

    registrar

    registrar means the registrar as defined in The Court of Appeal Act, 2000; (registraire)

    represented

    represented means represented by counsel; (version anglaise seulement)

    respondent

    respondent means the person against whom the appeal has been brought. (intimé)

  • (2) The definitions in sections 2 and 673 of the Code apply to these rules.

PART IIPreliminary Matters

Marginal note:Purpose

 The purpose of these rules is to provide for the orderly and expeditious administration of justice in the court.

Marginal note:Application and scope

 These rules apply to:

  • (a) any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of the court and instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal, in accordance with subsection 482(1) and section 482.1 of the Code; and

  • (b) any appeal from conviction, acquittal, sentence or other order made pursuant to summary conviction proceedings, within the jurisdiction of the court, taken pursuant to The Summary Offences Procedure Act, 1990.

Marginal note:Application of civil rules

 Except where otherwise provided in the Code, a statute or these rules, The Court of Appeal Rules pertaining to the practice and procedure for civil matters, as amended from time to time, apply, where appropriate and with any necessary modification.

Marginal note:Practice directives

 The court may issue practice directives on any matter to which these rules apply.

Marginal note:Relief against strict compliance

  •  (1) Where it is in the interests of the proper administration of justice to do so, the court or a judge may waive compliance or relieve against non-compliance with these rules and direct the procedure to be followed.

  • (2) The court or a judge may enlarge or abridge the time periods fixed by these rules or by order on such terms as the case may require, and the order enlarging or abridging the time may be made before or after the fixed period has expired.

PART IIICommencing an Appeal and Counsel of Record

Marginal note:Commencing an appeal

  •  (1) An offender who wishes to appeal shall commence the appeal by filing a Notice of Appeal within 30 days after the date of the imposition of sentence.

  • (2) If the Attorney General wishes to appeal, the Attorney General shall commence the appeal by filing a Notice of Appeal within 30 days after the date of acquittal or the date of the imposition of sentence.

  • (3) For greater certainty, if an offender appeals from conviction, or conviction and sentence, including an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:

    • (a) the period within which the offender must commence the appeal begins to run from the date on which the sentence is imposed; and

    • (b) the offender shall file one Notice of Appeal only.

Marginal note:Form A: Where offender is appellant

  •  (1) The Notice of Appeal in Form A is for all appeals commenced by or on behalf of an offender, whether represented or self-represented and whether in custody or not.

  • (2) The senior official of every penal institution shall, on request, supply to any inmate in that penal institution a copy of the Notice of Appeal in Form A for the inmate’s use.

  • (3) If an offender is self-represented when he or she submits a Notice of Appeal and subsequently retains counsel, the counsel may amend the Notice of Appeal or file a new Notice of Appeal at any time before the offender’s factum is filed by filing the amended Notice of Appeal or the new Notice of Appeal.

Marginal note:Form B: Where Attorney General is appellant

 The Notice of Appeal in Form B is for all appeals commenced by the Attorney General.

Marginal note:Counsel of record

  •  (1) A counsel who signs a Notice of Appeal on behalf of an offender is deemed to be the counsel of record.

  • (2) Until an appeal is set down for hearing, a counsel may withdraw by filing a notice in Form C, with proof of service in any manner permitted by Part Three of The Queen’s Bench Rules, of his or her intention to cease acting for the offender.

  • (3) After an appeal is set down for hearing, a counsel who wishes to withdraw shall apply to the court on three days’ notice for an order permitting the counsel to withdraw.

  • (4) On and after the expiry of 10 days from the date of filing of the notice in Form C or from the date of any court order obtained pursuant to subrule (3), no documents respecting the appeal are to be served on the counsel who has withdrawn pursuant to the notice, and service on that counsel is no longer deemed to be service on the offender.

PART IVRequisitioning Court File and Ordering Transcripts

Marginal note:Obligation to order transcript

 On the filing of a Notice of Appeal, the registrar shall:

  • (a) requisition the court file pertaining to the appeal from the court that heard the matter; and

  • (b) if, in the opinion of the registrar, based on the nature of the proceedings, a transcript is necessary, order a transcript of the proceedings or a part thereof.

PART VFactums: Requirement, Periods for Filing and Content

Marginal note:When factum required and number of copies

  •  (1) Subject to Rules 14 and 15, every appellant and respondent shall file a factum in accordance with these rules.

  • (2) If an appellant or respondent files a factum, he or she shall file four copies (being the original, which is unbound and un-perforated, and three copies), or more as the registrar may require.

Marginal note:No factum required from self-represented person

 No factum is required from a self-represented person, but that person may, at any time before the hearing of the appeal, file a written argument setting out the reasons why the decision appealed from should be set aside.

Marginal note:No factum required from Attorney General

 No factum is required from the Attorney General if the appellant is self-represented and appeals from a sentence alone, other than with respect to an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code.

Marginal note:Factum length

 Unless otherwise ordered by a judge, a factum shall not exceed 40 pages, excluding the table of contents, index and appendices required by these rules.

Marginal note:Periods for filing factums for sentence appeals

 If the appeal is from a sentence alone, other than an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:

  • (a) the appellant shall file the appellant’s factum within 20 days after receipt of the transcript; and

  • (b) the respondent shall file the respondent’s factum within 10 days after receipt of the appellant’s factum.

Marginal note:Periods for filing factums in summary conviction matters

 If the appeal is filed pursuant to section 839 of the Code (summary conviction matters):

  • (a) the appellant shall file the appellant’s factum within 30 days after the filing of the Notice of Appeal; and

  • (b) the respondent shall file the respondent’s factum within 30 days after receipt of the appellant’s factum.

Marginal note:Periods for filing factums for all other appeals

 For all other appeals, including appeals from conviction pursuant to section 675 of the Code, from acquittal pursuant to section 676 of the Code and from decisions made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code and for appeals that involve both a summary conviction and an indictable matter:

  • (a) the appellant shall file the appellant’s factum within 60 days after receipt of the transcript; and

  • (b) the respondent shall file the respondent’s factum within 30 days after receipt of the appellant’s factum.

Marginal note:Basic content for all factums

  •  (1) Except where otherwise ordered by a judge, a factum shall consist of the following seven parts:

    • Part I Introduction: The appellant and respondent shall each briefly summarize the context for the appeal.

    • Part II Jurisdiction and Standard of Review: The appellant shall state the source of the right of appeal, the basis for the jurisdiction of the court to determine the appeal and the applicable standard of appellate review. The respondent shall state its position with respect to the same matters.

    • Part III Summary of Facts: The appellant shall concisely state the facts. The respondent shall state its position taken with respect to the appellant’s statement of facts and any facts it considers relevant.

    • Part IV Points in Issue: The appellant shall concisely state the points in issue in the appeal. The respondent shall state its position in regard to the appellant’s points that the respondent wishes to put in issue. If a respondent intends to contend that the judgment should be upheld, whether in whole or in part, for reasons not found in the judgment and not raised in the appellant’s factum, it shall state that intention.

    • Part V Argument: This part shall contain a statement of the argument, setting out concisely the points of law or fact to be argued and the basis for the argument, with a particular reference to the page and line of the transcript and the authorities relied on in support of each point.

    • Part VI Relief: This part shall state the precise order the appellant or respondent desires the court to make.

    • Part VII Authorities: This part shall contain a table of authorities that the appellant or respondent has referred to, arranged alphabetically and citing the Supreme Court Reports where possible. Appellants or respondents citing decisions from electronic databases in factums must also provide the citation from traditional print sources.

  • (2) Each paragraph in Parts I to VI inclusive shall be numbered consecutively.

Marginal note:Appendices required for appellant’s factum

  •  (1) Subject to subrule (2), in all appeals other than appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices:

    • (a) the Notice of Appeal;

    • (b) the information or indictment and certificate of conviction or youth sentence order, as the case may be;

    • (c) the written reasons of the judge appealed from, if not contained in the transcript;

    • (d) any paper exhibits on which counsel intends to rely.

  • (2) If the appellant is self-represented:

    • (a) subrule (1) does not apply; and

    • (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).

Marginal note:Appendices to appellant’s factum for appeals from summary conviction matters only

  •  (1) Subject to subrule (2), in appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices:

    • (a) the Notice of Appeal filed in the Court of Queen’s Bench pursuant to section 813 or 830 of the Code;

    • (b) the transcript of the proceedings in the Provincial Court of Saskatchewan, if a ground of appeal is that the verdict is unreasonable or not supported by the evidence;

    • (c) if clause (b) does not apply, the parts of the transcript that are considered relevant to the appeal;

    • (d) the written reasons of the provincial court judge appealed from if not contained in the transcript;

    • (e) the information and certificate of conviction or youth sentence order, as the case may be;

    • (f) the Notice of Appeal;

    • (g) the written reasons of the Court of Queen’s Bench judge appealed from, or a transcript of the proceedings in the Court of Queen’s Bench, if there are no written reasons;

    • (h) any paper exhibits on which counsel intends to rely.

  • (2) If the appellant is self-represented:

    • (a) subrule (1) does not apply; and

    • (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).

Marginal note:Form of factum

  •  (1) The colour of the cover of the appellant’s factum shall be buff and the respondent’s green.

  • (2) A factum shall set out on its cover the court number, the style of cause and whether it is the factum of the appellant or respondent, and if there is more than one appellant or respondent, the name of the appellant or respondent shall also be given.

  • (3) A factum shall be printed:

    • (a) subject to subrule (4), on one side of the paper only with the printed pages facing up on the left;

    • (b) in 12-point type;

    • (c) with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced; and

    • (d) with margins of no less than 3.0 centimetres or one and one-half inches.

  • (4) All appendices to a factum shall be printed on both sides of the paper.

  • (5) The factum shall include a table of contents after which all pages shall be numbered consecutively and shall be bound in the sequence outlined in Rule 20 (Basic content for all factums).

  • (6) The counsel responsible for the preparation of a factum shall sign the factum.

 

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