Criminal Appeal Rules (SI/93-169)

Regulations are current to 2017-11-20

Factums

Heading of factum

  •  (1) Except where the appellant is the accused and is not represented by a solicitor, the appellant shall deliver a factum, to be entitled and described on its cover as “Appellant’s Factum”.

  • (2) All other parties to the appeal shall each deliver a factum to be entitled and described on its cover as “Respondent’s Factum”, or as the case may be.

Contents of factum

  • (3) The appellant’s factum shall be prepared in accordance with subrule 16(3), with necessary modifications, and the factum of any other party to the appeal shall be prepared in accordance with subrule 16(4), with necessary modifications.

Application

  • (4) Subrules 16(2), (5), (6), (7), (8), (9) and (10) apply, with necessary modifications, to the factums required by this rule.

Perfecting the Appeal

Serving and filing

  •  (1) Except where the appellant is the accused and is not represented by a solicitor, the appellant shall serve on each party to the appeal one copy of the appeal book, one copy of the transcript and one copy of the appellant’s factum, and immediately thereafter shall file with the Registrar proof of service of the appeal book, the transcript and the factum and,

    • (a) in appeals directed to be heard by five judges, five copies of the appeal book and six copies of the appellant’s factum; and

    • (b) in appeals directed to be heard by three judges, three copies of the appeal book and four copies of the appellant’s factum.

Certificate of perfection

  • (2) The appellant shall file with the Registrar two copies of a certificate of perfection stating,

    • (a) that the appeal book, transcript and appellant’s factum have been served and filed;

    • (b) that the transcript is complete;

    • (c) the estimated total length of time for oral argument; and

    • (d) the name, address and telephone number of the solicitor for each party to the appeal, unless the respondent is the Attorney General, or where a party acts in person, his or her name, address for service and telephone number.

Time for perfection

  • (3) The appellant shall perfect the appeal by complying with subrules (1) and (2) within thirty days after the transcript has been delivered to the Court of Appeal or such longer period as is permitted by a judge or the Registrar.

Service of factum on other parties to appeal

  • (4) Any other party to the appeal shall file four copies of his or her factum with the Registrar and serve one copy of the factum on each other party to the appeal not later than ten days before the week in which the appeal is to be heard.

Failure to Perfect Appeal

 Rule 20 applies, with necessary modifications, where an appellant has not perfected an appeal within the time limits set out in rule 43.

Interim Orders Respecting Disposition and Placement Decisions

Application to single judge

  •  (1) An application for an order under section 672.76 of the Code shall be made to a judge.

Contents of application

  • (2) The notice of application shall specify the order sought to be made.

Contents of affidavit

  • (3) The applicant shall file an affidavit or affidavits establishing,

    • (a) the particulars respecting the disposition or placement decision;

    • (b) the particulars respecting any disposition or order for the interim release or detention of the accused, as the case may be, that was in effect immediately before the disposition or placement decision appealed from took effect;

    • (c) the reasons that the mental condition of the accused justifies the order sought to be made;

    • (d) any other relevant facts that the applicant alleges justify the order sought to be made; and

    • (e) the date by which the appeal can be expected to be perfected.

  • (4) The application shall be on three clear days notice to the other parties unless otherwise ordered by a judge.

Procedure where Appellant Unrepresented

 Where the appellant is the accused and is not represented by a solicitor, the appeal shall be conducted, as nearly as may be, in the same manner as an inmate appeal under rules 1 to 37.

Combined Appeal

  •  (1) Where an appellant is appealing both a disposition or a placement decision and a verdict that the appellant is unfit to stand trial or not criminally responsible on account of mental disorder, the appellant, in the preparation of the transcript, appeal book and factum for the appeal, shall consolidate, to the extent feasible, the provisions respecting transcripts, appeal books and factums set out in rules 40, 41 and 42 with the corresponding provisions set out in rules 8, 14 and 16.

  • (2) A judge may make such order in respect of the matters referred to in subrule (1) as is considered just in order to secure the fair and expeditious conduct of the appeal.

Transitional

  •  (1) In this rule and in rule 49, preceding rules means rules 13 to 40, set out in Part II of the Rules Respecting Criminal Proceedings entitled “Appeals to the Court of Appeal in Criminal Matters”, published on the 11th day of December, 1985, in the Canada Gazette, Part II, as Statutory Instrument SI/85-205, made on the 4th day of September, 1985, and brought into force on the 1st day of January, 1986.

  • (2) These rules apply to all appeals, whether commenced before or after these rules come into force, except in respect of steps already taken under the preceding rules.

  • (3) Notwithstanding rule 49 and subrule (2), a judge may make an order that an appeal, or a step in the appeal, be conducted under these rules or the preceding rules or make any other order that is considered just in order to secure the fair and expeditious conduct of the appeal.

Commencement and Revocation

 These rules come into force on the first day of September, 1993, and on that day the preceding rules are revoked.

 
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