Manitoba Criminal Appeal Rules (SI/92-106)

Regulations are current to 2017-11-20 and last amended on 2010-07-01. Previous Versions

Ordering Transcript

  •  (1) If evidence at a proceeding was recorded in a manner that allows a transcript to be prepared, the appellant shall file with the registrar, at the time the initiating document is filed,

    • (a) confirmation from transcription services that the transcript has been ordered; or

    • (b) a letter to the registrar explaining why the transcript has not been ordered.

  • 11 (2) If the registrar accepts the letter of explanation, the registrar shall extend the time for the appellant to order the transcript and shall provide the appellant with written notice of the new deadline for ordering the transcript.

  • 11 (3) If the letter of explanation is not satisfactory to the registrar, the appellant may, no later than 10 days after being notified by the registrar, apply to a judge in chambers for an extension of time to order the transcript.

  • 11 (4) An appeal shall be deemed to be abandoned if

    • (a) the transcript is not ordered at the time the initiating document is filed and the time for ordering the transcript is not extended by the registrar or a judge; or

    • (b) the registrar or a judge extends the time for ordering the transcript but the transcript is not ordered within that extended time period.

  • 11 (5) The charges that may be made under subsection 682(4) of the Criminal Code (Canada) to obtain the transcript are the same as those fixed with regard to civil cases in the Court of Queen’s Bench.

  • 11 (6) The appellant shall pay for the transcript necessary for an appeal, except where the Crown, as respondent, agrees to assume responsibility for payment.

  • SI/2003-136, s. 5.

Notice of Application to Extend Time

 A notice of application to extend the time for appealing or for applying for leave to appeal under section 678 of the Criminal Code (Canada) shall contain the same information as required under subrule 3(1), and shall be given, dealt with by the registrar and proceeded with in the same manner as a notice of application for leave to appeal.

Retention of Documents, Exhibits by Trial Court

 Subject to rules 14 and 15, all documents, exhibits and other things connected with proceedings in a trial court shall be retained by the trial court for no less than 35 days after the disposition of the matter by acquittal, conviction and sentencing or otherwise, until a judge of the court in which the person was tried makes an order for their disposition.

Order re: Custody of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person is tried, may, during or after the trial, make a special order as to the custody or conditional release of a document, exhibit or other thing produced at the trial as the circumstances or their nature make desirable and proper, including an order that narcotics under the Narcotic Control Act (Canada) or restricted or controlled drugs under the Food and Drugs Act (Canada) and regulations be released to the custody of police officers to be held by them pending a possible appeal.

Release of Document, Exhibit

 The presiding trial judge, or a trial judge of the court in which a person was tried, may, after the trial, with the written consent, whether absolute or on terms, of counsel for the Crown and counsel for the accused, or the accused personally if he or she is unrepresented, release a document, exhibit or other thing produced at the trial to the person who produced it.

Further Order re: Restitution, etc.

 Where an initiating document is filed, a trial judge who, after a conviction, made an order for restitution, reimbursement, satisfaction or compensation for loss or damage,

  • (a) shall make such further order as is appropriate to secure the safe custody of property or money referred to in any such order while the operation of the order is suspended under the Criminal Code (Canada) pending appeal; and

  • (b) may stay a prior order for restitution, reimbursement, satisfaction or compensation for loss or damage.

Delivery of Material by Trial Court

  •  (1) On receiving a copy of an initiating document from the registrar under subrule 5(2) or 6(2), the trial court or summary conviction appeal court shall send to the registrar the court file together with all related documents, exhibits and other things that are in the control of the trial court or summary conviction appeal court.

  • 17 (2) Anything that is delivered to the court under subrule (1) shall be held in safekeeping under the direction of the registrar pending proceedings in the court, but the registrar may continue to store exhibits in space designated for that purpose by the Court of Queen’s Bench or the Provincial Court.

Attorney General to Prepare Appeal book

  •  (1) In cases involving an appeal as to acquittal or conviction, the Attorney General shall prepare and file an appeal book with the registrar

    • (a) within 30 days after the initiating document is filed, or as soon thereafter as practicable, if the Crown is the appellant; or

    • (b) within 30 days after the factum is filed by the appellant, or as soon thereafter as practicable, if the Crown is the respondent.

  • 18 (1.1) In cases involving an appeal of a sentence only, the Attorney General shall prepare and file the appeal book as soon as practicable after the initiating document is filed.

  • 18 (2) Where practicable, the Attorney General shall prepare and file with the registrar an appeal book in cases where an application for leave to appeal is made.

  • 18 (3) The Attorney General shall, immediately after filing an appeal book with the registrar,

    • (a) deliver a copy of the appeal book to the parties to the appeal or their counsel; or

    • (b) send a copy of the appeal book to the parties or their counsel by regular lettermail at their last known addresses.

  • 18 (4) The Attorney General shall have access, for the purpose of preparing an appeal book, to the court file and all documents, exhibits and other things that are delivered to the registrar under subrule 17(1).

  • 18 (5) An appeal book shall contain

    • (a) the initiating document;

    • (b) written exhibits relevant to the appeal;

    • (c) reasons for decision (whether or not contained in the transcript of evidence);

    • (d) pre-sentence reports and other exhibits on a sentencing hearing; and

    • (e) such other materials as may be necessary to enable the court to adjudicate the issues on appeal.

  • 18 (6) Where the court proceeds with an appeal hearing on an expedited basis, the Attorney General shall, where practicable, prepare and file an appeal book before the appeal hearing.

  • 18 (7) A party may file a supplementary appeal book containing materials relevant to the appeal that are omitted from the appeal book filed by the Attorney General.

  • SI/2003-136, s. 6.

Filing and Service of Factums on Sentence Appeal

 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,

  • (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and

  • (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum.

  • SI/2003-136, s. 7;
  • SI/2010-40, s. 1.

Filing and Service of Factums on Appeal re: Conviction, Acquittal

  •  (1) Where the issue on appeal relates to conviction, conviction and sentence or acquittal, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,

    • (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript at trial or, where a transcript is not required, the appeal book; and

    • (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after service on the respondent of the appellant’s factum.

  • 20 (2) Where the court proceeds with an appeal hearing on an expedited basis the parties shall, where practicable, prepare and file their factums before the appeal hearing.

  • SI/2003-136, s. 8.

Extension of Time for Filing of Factum

 Except where the registrar has issued a notice under subrule 25(4), the time limit referred to in rule 19 or subrule 20(1) for filing an appellant’s factum or a respondent’s factum may be extended, either before or after the expiry of the applicable time limit,

  • (a) by the registrar if a written request to do so is made before the expiry of the applicable time limit and all other parties consent; or

  • (b) by a judge in chambers on a motion supported by an affidavit and with notice to all other parties.

  • SI/2003-136, s. 9;
  • SI/2010-40, s. 2.
 
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