GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Appeal Rules — 26
26 If the notice of appeal in Form A is not served within the time limited by rule 4, the appellant shall set out in the place provided therefor in Form A the grounds for seeking an extension of time.
Criminal Appeal Rules — 27
27 (1) Where the appellant in an inmate appeal has indicated in the notice of appeal that he or she desires to present the appeal in person and the notice of appeal was served within the time limited by rule 4, or an extension of time has been granted, the appeal shall be listed for hearing. (2) Notwithstanding subrule (1), an appellant in an inmate appeal who has indicated that he or she desires to present the appeal in person may request that his or her appeal be dealt with as an appeal in writing, and thereupon a judge may direct that the appeal proceed in accordance with rule 28.
Criminal Appeal Rules — 28
28 (1) Where the appellant in an inmate appeal has indicated in the notice of appeal that he or she desires to present the case on appeal and argument in writing and the notice of appeal was served within the time limited by rule 4 or an extension of time has been granted, the Registrar shall transmit to the appellant the report of the trial judge under rule 13 together with a notification that the appellant has the right to present further written submissions within fourteen days (unless this has already been done in connection with an application for an extension of time to appeal). Appeal to be considered initially by single judge (2) The appeal shall be considered by a judge. (3) If the judge considers that the appeal has sufficient merit to require argument from the Attorney General, the judge shall so endorse the file, whereupon the Registrar shall transmit to the Attorney General copies of the notice of appeal, the written submissions of the appellant (if not included in the notice of appeal), the report of the trial judge mentioned in subrule (1) and any further written submissions of the appellant in respect of the report, together with notification that the submissions of the Attorney General in answer to the appeal should be made in writing within twenty days after the receipt of the material from the Registrar and that four copies thereof be filed with the Registrar. Procedure where judge considers appeal should be dismissed (4) If the judge considers that the appeal does not have sufficient merit to require argument from the Attorney General, the judge shall write draft reasons for judgment dismissing the appeal, and refer the appeal with the reasons to two members of the criminal panel. (5) If the two members of the criminal panel agree with the judge and sign the reasons for judgment, the appeal shall be dismissed and the reasons for dismissal dealt with as if the reasons were a reserved judgment. Procedure where criminal panel requires argument from Attorney General (6) If one of the two members of the criminal panel considers that written submissions should be required from the Attorney General, the provisions of subrule (3) where argument is required from the Attorney General apply. (7) Where submissions have been required from the Attorney General, a copy of them shall be transmitted to the appellant by the Registrar together with a notification that he or she may make written submissions in reply within fourteen days after receipt of the submissions of the Attorney General. (8) When the appellant’s submissions in reply have been received, or the time for submitting them has expired, the appeal shall be referred for disposition to the criminal panel, which shall give written reasons for judgment, to be dealt with as if the reasons were a reserved judgment. Criminal panel may require oral submissions (9) Notwithstanding subrule (8), the criminal panel considering the appeal under that subrule may direct that the appeal be listed for hearing, and in that event may request the Attorney General to arrange for the attendance of the appellant at the hearing.
Criminal Appeal Rules — 29
29 In every appeal the Registrar shall notify the trial judge or the judge whose order was the subject of the appeal of the result of the appeal and where reasons are given in writing or given orally and later reduced to writing, the Registrar shall send a copy of the reasons, (a) in an inmate appeal or an appeal where the appellant was not represented by counsel, to the appellant; (b) in an appeal conducted by a solicitor, to the solicitor for the appellant; (c) to the trial judge or the judge whose order is the subject of the appeal; (d) to the Attorney General; (e) to the solicitor for the respondent and any person granted intervener status or to the respondent and the intervener, where not represented by counsel; (f) in an appeal from the Ontario Court (General Division), to the Chief Justice of the Ontario Court and the regional senior judge of the region where the trial was conducted; (g) in an appeal from the Ontario Court (Provincial Division), to the Chief Judge of the Ontario Court (Provincial Division) and the regional senior judge of the region where the trial was conducted.
Criminal Appeal Rules — 30
30 (1) Where an appellant desires to abandon the appeal, the appellant shall serve in the manner provided by rule 5 a notice of abandonment signed by the solicitor of record in the appeal, or by the appellant (in which case the signature shall be verified by affidavit or witnessed by a solicitor or by an officer of the institution in which the appellant is confined). Single judge may dismiss appeal (2) A judge may thereupon dismiss the appeal as an abandoned appeal, without the attendance of counsel. Court Reporter to be notified (3) Where an appeal has been abandoned, the appellant or the solicitor of record shall forthwith notify the court reporter in writing.
Criminal Appeal Rules — 31
31 Where an appellant seeks to appeal against sentence only and also seeks his or her release from custody pending the hearing of the appeal, a judge shall first hear and determine the application for leave to appeal the sentence.
Criminal Appeal Rules — 32
32 (1) Upon an application for release from custody pending appeal, the appellant shall file an affidavit or affidavits, including where practicable the appellant’s own affidavit, establishing, (a) the particulars respecting the conviction; (b) the judicial interim release status of the appellant and particulars of any bail pending trial; (c) any grounds of appeal not specified in the notice of appeal; (d) the date of birth of the appellant; (e) the appellant’s places of abode in the three years preceding the conviction, and where the appellant proposes to reside if released; (f) the appellant’s employment prior to conviction, and whether the appellant expects to be employed if released and where; (g) the appellant’s criminal record, if any; (h) where the appeal is as to sentence only, what unnecessary hardship would be caused if the appellant were detained in custody; and (i) where the appellant proposes entering into a recognizance with sureties, the amount of money or value of other valuable security the appellant proposes should be deposited, and where practicable, the names of the sureties and the amount for which each is to be liable. Attorney General may file affidavit (2) Where the Attorney General desires to assert that the detention of the appellant is necessary and to rely on material other than that contained in the material filed by the appellant, the Attorney General shall file an affidavit setting out the facts upon which the Attorney General relies. Parties may cross-examine on affidavits (3) The appellant and the Attorney General may cross-examine upon affidavits filed by the opposite party, in accordance with the Rules of Civil Procedure . Judge may dispense with compliance (4) A judge may dispense with the filing of the affidavits referred to in subrules (1) and (2) and act upon a statement of facts agreed upon by counsel for the appellant and the Attorney General.
Criminal Appeal Rules — 33
33 Unless otherwise ordered by the judge hearing the application, all orders for release from custody pending appeal shall contain the conditions, (a) that the appellant will surrender into custody at the institution from which he or she is released, or such other institution as may be specified in the order, by 6:00 p.m. on the day prior to the hearing of the appeal or such other day as is specified in the order; (b) that the appellant acknowledges that failure to surrender into custody in accordance with the terms of the order will be deemed to constitute an abandonment of the appeal; (c) that the appeal will be pursued with all due diligence; (d) that the appellant will keep the peace and be of good behaviour; and (e) that the appellant will advise the Registrar of his or her place of residence.
Criminal Appeal Rules — 34
34 (1) A judge may, on cause being shown, cancel an order previously made under section 679 of the Code and may make any order that could have been made under that section. Order may be made without attendance of counsel (2) An order for a new recognizance or undertaking varying a condition may be made by a judge without the attendance of counsel, upon filing the written consent of counsel for the respondent. Content of material to be filed (3) Where the appellant seeks an order under subrule (2) which varies a condition referred to in paragraph 33(a), the material filed in support of the application shall contain a summary of the status of the appeal, an explanation for any failure to comply with rule 8 or 18 and, where applicable, a statement of the earliest feasible date on which the appeal may be heard.
Criminal Appeal Rules — 35
35 For the purposes of section 679 of the Code, justice means any person in Ontario having the jurisdiction of a justice of the peace.
Criminal Appeal Rules — 36
36 (1) A convicted person may apply to a judge for an order that a post-sentence report be prepared. (2) In an inmate appeal, a judge, with the consent of the appellant, may order that a post-sentence report be prepared. (3) Where a post-sentence report is ordered by a judge under subrule (1) or (2), the report shall be prepared in writing by a probation officer and filed with the Registrar as soon as is practicable and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by a solicitor.
Criminal Appeal Rules — 37
37 An application referred to in rules 31 to 36 shall be on three clear days notice unless the respondent consents to, and a judge or the Registrar permits, a shorter period of notice.
Criminal Appeal Rules — 38
38 (1) In rules 39 to 47 the terms accused , court , disposition , hospital , party , placement decision , Review Board and verdict of not criminally responsible on account of mental disorder have the same meaning as in section 672.1 of the Code. (2) Rules 39 to 47 apply to appeals under Part XX.1 of the Code. (3) Except where inconsistent with rules 39 to 47, rules 1 (interpretation and definitions), 2 (application of civil rules), 6 (order without attendance of counsel), 7 (extension or abridgement of time), 9 (dismissal for failure to comply with rule re: transcripts), 19 (motion for directions), 21 (listing appeals), 22 (books of authorities), 23 (intervention), 24 (appeals in writing - non- inmate), 26 (extension of time), 29 (reasons for judgment), 30 (abandonment of appeals), 36 (post-sentence report) and 37 (notice) apply to appeals under Part XX.1 of the Code where appropriate and with necessary modifications.
Criminal Appeal Rules — 39
39 (1) The notice of an appeal under section 672.72 of the Code shall be in Form E. Time of service of notice of appeal (2) The notice of appeal shall be served within fifteen days after the day on which the parties are provided with a copy of the disposition or placement decision and the reasons for it or within any further time that the Court of Appeal or a judge directs. Manner of service of notice of appeal (3) Service of the notice of appeal shall be effected, (a) where the appellant is in custody and not represented by counsel, by delivering the notice of appeal to the person in charge of the hospital or institution in which the accused is in custody; (b) in an appeal other than one mentioned in paragraph (a), by delivering to the office of the Registrar or by mailing to the Registrar by registered mail three copies of the notice of appeal and by mailing by registered mail to the person in charge of the hospital or other institution in which the accused, if such is the case, is in custody one copy of the notice of appeal and, in addition, in an appeal by the Attorney General or by a party other than the accused, by personal service on the accused or as may be directed by a judge. (4) If the notice of appeal is not served within the time limited by this rule, the accused shall set out in Form E in the place provided therefor the grounds for applying for an extension of time. Person in charge of hospital or other institution to supply forms and transmit material (5) The person in charge of a hospital or other institution shall supply to any accused in his or her custody, upon request, a form of notice of appeal in Form E. (6) The person in charge shall transmit to the Registrar any notice of appeal served upon him or her, and shall deliver forthwith to the accused any documents that are transmitted to the accused by the Registrar, and shall inform the Registrar of having done so. Duty on Registrar (7) Upon receipt of a notice of appeal, the Registrar shall transmit forthwith a copy of it to the court or Review Board that made the disposition or the Review Board that made the placement decision and to the Attorney General, except where the Attorney General is the appellant. Transmission of original papers (8) Upon receipt of the notice of appeal, the court or Review Board shall transmit forthwith to the Registrar, (a) a copy of the disposition or placement decision; (b) all exhibits capable of reproduction filed with the court or Review Board or copies of them; and (c) all other material in its possession respecting the hearing. Withheld information (9) Where the material transmitted under subrule (8) includes disposition information withheld from the accused or any other person under subsection 672.51(3) or (5) of the Code, that information shall be segregated from the other material and clearly identified as being withheld information.
Criminal Appeal Rules — 40
40 (1) This rule does not apply where the appellant is the accused and is not represented by a solicitor. Certificate of reporter to accompany notice of appeal (2) The appellant shall at the time the notice of appeal is filed with the Registrar file a certificate of the court reporter or of the reporter of the proceedings before the Review Board that copies of the transcript as required by these rules have been ordered. (3) Subrules 8(3) to (6) and (14) to (18) apply with necessary modifications to the transcripts required by this rule. Contents of transcript (4) Unless otherwise ordered by a judge, the transcript shall include, (a) where the appeal is from a disposition by the court following a finding of unfitness, all evidence and proceedings relating to the fitness issue and the disposition resulting therefrom; (b) where the appeal is from a disposition by the court following a verdict of not criminally responsible on account of mental disorder, all evidence and proceedings following the verdict; and (c) where the appeal is from a disposition or placement decision by the Review Board, all evidence and proceedings before the Review Board. Agreed statement of facts in some cases (5) Where the appeal is from a disposition following a finding of unfitness and the issue of fitness was postponed under subsection 672.25(2) of the Code, then within fifteen days after the filing of the notice of appeal the parties shall file an agreed statement of facts as to the evidence heard in respect of the offence which shall be included in the appeal book. (6) In the event of difficulty in settling the statement of facts, counsel for either party may, on notice, attend upon a judge for directions.
Criminal Appeal Rules — 41
41 (1) Except where the appellant is the accused and is not represented by a solicitor, the appeal book shall contain in consecutively numbered pages arranged in the following order, a copy of, (a) a table of contents describing each document, including each exhibit, by its nature and date, and, in the case of an exhibit, identified by exhibit number or letter; (b) the notice of appeal and any supplementary notice of appeal; (c) the information or indictment, including all endorsements; (d) the placement decision or disposition; (e) the reasons for the placement decision or disposition; (f) any order made under section 672.76 of the Code, any other order or direction made in respect of the appeal and any agreement made by the parties; (g) all documentary exhibits filed at the hearing before the court or the Review Board arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date, except disposition information which has been withheld from the accused or any other party under subsection 672.51(3) or (5) of the Code; (h) the agreed statement of facts, if any; (i) any notice of constitutional question served in accordance with section 109 of the Courts of Justice Act and proof of service upon the Attorney General of Ontario and the Attorney General of Canada. Material may be omitted (2) Notwithstanding subrule (1), with the consent of the parties or as directed by a judge, some or all of the material referred to in paragraph (1)(g) may be omitted from the appeal book. Application (3) Subrules 14(3), (4) and (5) apply with necessary modifications to the appeal books required by this rule. Preparation of appeal book by Attorney General (4) Where the appellant is the accused and he or she is not represented by counsel, the Registrar shall request the Attorney General to prepare an appeal book. Registrar may excuse compliance (5) The Registrar may, in writing, in an appropriate case, excuse the Attorney General from complying with subrule (4). Attorney General to provide copies of appeal books (6) The Attorney General shall mail one copy of the appeal book to the appellant and to the person in charge of the hospital or other institution in which the accused is in custody and file three copies of the appeal book with the Registrar.
Criminal Appeal Rules — 42
42 (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.
Criminal Appeal Rules — 43
43 (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.
Criminal Appeal Rules — 44
44 Rule 20 applies, with necessary modifications, where an appellant has not perfected an appeal within the time limits set out in rule 43.
Criminal Appeal Rules — 45
45 (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.
Criminal Appeal Rules — 46
46 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.
Criminal Appeal Rules — 47
47 (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.
Criminal Appeal Rules — 48
48 (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.
Criminal Appeal Rules — 49
49 These rules come into force on the first day of September, 1993, and on that day the preceding rules are revoked.
Criminal Appeal Rules — Criminal Appeal Rules
I, the above named appellant, hereby give notice that I desire to appeal to the Court of Appeal against my 3