Supreme Court of Yukon Summary Conviction Appeal Rules, 2009 (SI/2012-64)

Regulations are current to 2017-11-20 and last amended on 2010-01-04. Previous Versions

Abandonment of Appeal

  •  (1) An appellant may abandon an appeal by signing and filing a notice in Form 5, at which time the appeal will be deemed to be abandoned.

  • (2) Where, under Rule 10, an appellant has been released from jail pending the hearing of the appeal, or where a stay has been ordered, the sentence or order of the Territorial Court shall take effect immediately upon the appeal being abandoned.

Time Requirements

  •  (1) On application or on its own motion, the Appeal Court may extend the time for doing anything required by the Rules, before or after the periods fixed by these Rules.

  • (2) Two (2) clear days’ notice in writing of an application to extend or shorten time shall be given to the opposite party, unless such application is made on consent.

  • (3) When the time for doing anything under these Rules expires or falls on a holiday, the time is extended and the thing may be done on the next business day.

Bail or Stay Pending Appeal

  •  (1) Until an appeal is heard and disposed of, an appellant who wishes to apply for release from jail, or for a stay of an order of the Territorial Court, must file with the Clerk

    • (a) a notice of application in Form 4; and

    • (b) an affidavit stating the facts the appellant relies upon in support of the application.

  • (2) The appellant may also file with the application any other relevant material.

  • (3) The appellant shall serve the application and accompanying material on the prosecutor.

  • (4) Where an appellant makes an application under this Rule, the Clerk shall

    • (a) forward a copy of the material to the prosecutor;

    • (b) obtain a date for the hearing of the application not later than three (3) days after notification from the appellant; and

    • (c) notify the appellant and respondent of the hearing date.

  • (5) On hearing an application under this Rule, the Appeal Court may make any order, including an order directing the appellant to enter into an undertaking or recognizance, or to deposit any money or valuable security with the Clerk.

Non-compliance with Rules

  •  (1) Non-compliance with these Rules will not automatically invalidate an appeal, but the Appeal Court may dismiss an appeal for reasons of irregularity, or may on application or on its own motion amend any document, give directions, and make any order it considers appropriate and just, including an order to validate the proceedings.

  • (2) The forms required by these Rules may be used with such variations as the circumstances of the proceeding require.

  • (3) In matters not provided for in these Rules, a party may apply to the Appeal Court for directions, on two (2) clear days’ notice, by filing and serving a notice of application in Form 4. If providing notice would be impracticable, an application under this Rule may be made without notice, with leave of the Appeal Court.

Effective Date

 These Rules shall come into force on the 4th day of January 2010. Appeal proceedings commenced prior to that date shall continue under the previous Rules Governing Summary Conviction Appeals, 1978.

Dated 22nd day of October 2009.

MR. JUSTICE R. S. VEALE
Senior Judge
 
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