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The Court of Appeal of Alberta Criminal Appeal Rules (SI/2018-34)

Regulations are current to 2020-10-05 and last amended on 2018-08-01. Previous Versions

PART 16Criminal Appeal RulesThese Rules are made by the Court of Appeal pursuant to section 482 of the Criminal Code, and are included with the civil rules for convenience. (continued)

DIVISION 4Scheduling Oral Argument

Marginal note:Scheduling conviction appeals

  •  (1) Subject to any enactment, no later than 20 days after the deadline for the filing of the last factum in any conviction appeal,

    • (a) the parties must contact the Registrar to schedule the oral hearing, and

    • (b) the Registrar must, after consulting with the parties, schedule the appeal at a suitable time on the Criminal Appeal Hearing List.

  • (2) A case management officer may at any time place any conviction appeal on the Unscheduled Criminal Appeals List.

  • (3) All the parties to each appeal on the Unscheduled Criminal Appeals List must appear at the time scheduled for the calling of the List, and

    • (a) unless adjourned, appeals on the Unscheduled Criminal Appeals List will be scheduled for oral hearing and placed on the Criminal Appeal Hearing List, or

    • (b) directions may be given for advancing the appeal.

  • (4) If the appellant in an appeal referred to in subrule (3) does not appear at the time scheduled for the calling of the List, the appeal may be struck.

    Information Note

    Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date.

    The procedure for speaking to the Unscheduled Criminal Appeals List is set out in the Consolidated Practice Directions.

Marginal note:Unscheduled conviction appeals

 If oral argument of a conviction appeal is not scheduled within 9 months of the filing of the notice of appeal, and no extension or direction has been received from a case management officer

  • (a) if the appellant is represented by counsel, the appeal will be struck by the Registrar, and

  • (b) if the appellant is a self-represented appellant, the Registrar will schedule the appeal for oral argument.

Marginal note:Scheduling sentence appeals

  •  (1) Subject to the direction of a case management officer, 20 days before the opening day of each scheduled sitting for sentence appeals the Registrar will set down at that sitting every sentence appeal where

    • (a) the appeal record and appellant’s factum have been filed,

    • (b) the appeal record has been filed in a sentence appeal started by a self-represented appellant,

    • (c) the appeal record has not been ordered in a sentence appeal started by a self-represented appellant who is in custody, or

    • (d) the net sentence is 6 months or less, the appellant is in custody, and judicial interim release has not been granted.

  • (2) The Registrar must advise any self-represented party of the scheduled date of the sentence appeal.

  • (3) Unless otherwise ordered, the sentence appeal must proceed in accordance with the deadlines in this Part, notwithstanding that an appeal of the conviction appeal decision or an application for leave to appeal the conviction appeal decision has been filed with the Supreme Court of Canada.

    Information Note

    Sentence appeals are heard every month in Edmonton and Calgary, except in July and August. Parties who wish to schedule matters (such as appeals of sentences of short duration) during the sittings in July should contact a case management officer for advice.

    A case management officer can defer oral argument on sentence appeals where a self-represented party is awaiting confirmation of Legal Aid coverage, where a selfrepresented party intends to file a factum, or where other circumstances make the default scheduling rules inappropriate.

DIVISION 5Applications

Marginal note:Bringing applications

  •  (1) Subject to subrule 16.4(2), the applicant must

    • (a) for an application to a single appeal judge, at least 10 days before the application is scheduled to be heard file 3 copies of an application and the other material required by subrule (2),

    • (b) for an application to a panel of the Court, at least 20 days before the application is scheduled to be heard file 5 copies of an application and the other material required by subrule (2), and

    • (c) within those same times, file and serve one additional copy of the application and other materials on every other party to the appeal.

  • (2) Subject to rule 16.24 [Application for permission to appeal], the applicant must file and serve

    • (a) an application in Form CRA-F that must

      • (i) state briefly the grounds for the application,

      • (ii) identify the material or evidence intended to be relied on,

      • (iii) refer precisely to any applicable provision of an enactment or rule, and

      • (iv) state the remedy sought,

    • (b) any accompanying affidavit, if required,

    • (c) other material to be relied on, even if previously filed, and

    • (d) a memorandum of argument prepared in compliance with subrule 16.23(4).

  • (3) The respondent to an application

    • (a) to a single appeal judge must, at least 5 days before the application is scheduled to be heard, file

      • (i) 3 copies of a reply memorandum of argument and any accompanying affidavit (if required) and any other materials to be relied on, or

      • (ii) 3 copies of a letter indicating that no additional materials will be filed by the respondent.

    • (b) to a panel of the Court must, at least 10 days before the application is scheduled to be heard, file

      • (i) 5 copies of a reply memorandum of argument and any accompanying affidavit (if required) and any other materials to be relied on, or

      • (ii) 5 copies of a letter indicating that no additional materials will be filed by the respondent,

      and

    • (c) must within those same times, file and serve one additional copy of those materials on every other party to the appeal.

  • (4) Memoranda filed on an application must be formatted as required by rule 16.18(1)(a) and

    • (a) must not be longer than 10 pages on an application for permission to appeal and 5 pages for any other application, and

    • (b) may in addition attach a chronology, where that is relevant to the application.

  • (5) A respondent who fails to respond to an application or who elects not to file a memorandum in response to an application may not present oral argument at the hearing of the application unless the single appeal judge or the panel of the Court otherwise permits.

  • (6) Unless otherwise permitted,

    • (a) subject to paragraph (b), oral argument on an application, including a reply, before a single appeal judge or a panel of the Court may not exceed 15 minutes for each party to the application,

    • (b) oral argument on an application for permission to appeal, including a reply, may not exceed 30 minutes for each party to the application, and

    • (c) consolidated applications are to be treated as one application for the purpose of this rule.

    Information Note

    All of the materials should be filed simultaneously, unless the application must be filed first to preserve a time limit. If in urgent matters the applicant wishes to abridge the time limits, a case management officer should be consulted for directions.

Marginal note:Application for permission to appeal

  •  (1) An application for permission to appeal must

    • (a) be in Form CRA-C and comply with rule 16.23 [Bringing applications],

    • (b) state the exact questions of law on which permission to appeal is requested, and

    • (c) include the written or transcribed reasons of the Provincial Court of Alberta and the Court of Queen’s Bench of Alberta.

  • (2) Subject to any enactment, no appeal lies from an order of a single appeal judge granting or denying permission to appeal.

  • (3) An application for permission to appeal that has not been heard within 6 months from the date of the filing of the application is deemed to have been abandoned unless a case management officer otherwise directs.

 
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