GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 34
RULE 34 (1) The attendance of a witness at a hearing may be required by order of the Court or a judge, but no person shall be held in contempt in respect of the order unless a certified copy of it had been served on the person at least two days before the person’s attendance was required and there had, at the time of service, been paid or tendered to the person an amount sufficient for witness fees and travelling expenses in accordance with the applicable tariff of the Federal Courts Rules . (2) The order requiring a witness to attend at a hearing may require the production of documents by him. SOR/2001-91, s. 30 SOR/2022-253, s. 28
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 35
RULE 35 (1) Every judgment and order shall be committed to writing, signed by the presiding judge, and filed. (2) When reasons for judgment are given in open court or when reasons for an order are given, they shall be committed to writing, signed by the judge who gave them and filed. (3) When a judge gives reasons that are not the reasons of the Court, he shall commit them to writing, sign and file them. (4) When there is a dissent to the Court’s decision, written reasons shall be given by both the majority and the dissenting judges. (4.1) Where a dissent to the Court’s decision is based in whole or in part on a question of law, the grounds for the dissent shall be specified in the judgment issued by the Court. (5) When judgment is reserved, written reasons for judgment shall be given and, unless subsection (4) applies, all the judges shall indicate, in writing, their concurrence in whole or in part or in the result by an appropriate endorsement on the reasons or by separate reasons. (6) A copy of every document filed under this Rule shall be sent without delay to each party by the Registry. SOR/2001-91, s. 31
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 36
RULE 36 (1) A party may abandon a proceeding begun by the party at any time by notice filed with the Registry and served on the respondent and the Court Martial Administrator. (2) A notice of abandonment under subsection (1) shall be signed (a) by the party and a witness to the party’s signature and be supported by an affidavit or other evidence of the witness as to the signature of the party; or (b) where the appellant is represented by counsel, by such counsel, who shall state in the notice that he has consulted his client and is authorized by his client to abandon the proceeding. SOR/2001-91, s. 32
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 37
RULE 37 An appeal may be considered to have been abandoned for want of prosecution where (a) the Notice of Appeal does not, in the opinion of the Court, contain sufficient particulars of the grounds upon which it is founded and the appellant has failed, within a reasonable time, to comply with an order requiring the furnishing of such particulars; (b) the appellant has failed to include an address for service in the Notice of Appeal or, if the Notice of Appeal is not signed by counsel, counsel named to accept service refuses to do so; (c) the respondent has reason to believe that the appellant intends to abandon the appeal and files an affidavit deposing to that reason in the Registry and the appellant fails, within reasonable time, to respond to a request by the Registry for an expression of intention as to the abandonment or otherwise of the appeal; or (d) the appellant has failed to appear at the time and place fixed for the hearing. SOR/92-152, s. 13; SOR/2001-91, s. 33(F)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 38
RULE 38 (1) The seal of the Court shall be of a design approved by the Chief Justice and shall be kept by the Administrator at the Registry at Ottawa. (2) If the Chief Justice so directs, there may be one or more facsimiles of the seal to be kept at offices of the Registry elsewhere than Ottawa and to be used by registry officers on duty with the Court or a judge where there is no office of the Registry.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 39
RULE 39 (1) The Chief Justice may, by order, designate an officer of the Registry as Judicial Administrator and may revoke such designation at any time. The designation of a Judicial Administrator shall be automatically revoked when the Chief Justice by whom it was made ceases to hold office as such. (2) The Judicial Administrator shall perform such part of the non-judicial work of the Chief Justice as the latter may delegate and an order signed by the Judicial Administrator in respect of a matter delegated shall be deemed to be an order of the Chief Justice.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 40
RULE 40 (1) The Administrator shall perform the duties required of him under these Rules or assigned to him from time to time by the Chief Justice or the Court and, in accordance with such directions as may from time to time be given by the Chief Justice or the Court, establish the duties to be performed by persons employed in the Registry. (2) The Administrator’s duties shall include (a) receiving and filing all papers, documents and exhibits transmitted to him in connection with appeals; (b) entering in an appropriate book provided for that purpose a list of appeals set down for hearing by the Court; (c) transmitting to each judge by whom an appeal is to be heard, a copy of the memoranda of fact and law and the appeal book relating to that appeal; (d) attending with all relevant records, exhibits and papers at sittings of the Court; (e) keeping a full and correct record of all proceedings before the Court, showing the names of the judges of the Court present, the date and place, the names of counsel, the result of the appeal, the judgment given and the time occupied by the hearing; (f) causing a transcript of all viva voce evidence to be taken by a qualified reporter; (g) transmitting to the parties to an appeal, to the Judge Advocate General and to the Court Martial Administrator the judgment of the Court; (g.1) transmitting to the parties to a proceeding, the Court Martial Administrator and the Judge Advocate General any order disposing of an application made under Division 3 or 10 of Part III of the Act; (h) subject to paragraph (j), returning to the Court Martial Administrator the original minutes of the proceedings of the court martial or hearing under Division 3 or 10 of Part III of the Act; (i) subject to paragraph (h), retaining possession of all papers, documents and exhibits in respect of an appeal, unless otherwise required by the Chief Justice; and (j) where an appeal has been taken to the Supreme Court of Canada, transmitting to it all papers, documents and exhibits in his possession required by that Court. SOR/2001-91, s. 34
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
( Name of Appellant or Applicant, as the case may be )
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
The respondent intends to participate in this appeal.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE RESPONDENT CROSS-APPEALS and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or as the case may be ): ( Set out the relief sought. )
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE GROUNDS OF CROSS-APPEAL are as follows: ( Set out the grounds, including a reference to any statutory provision or rule to be relied on. )
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 1
1 A Memorandum of Particulars shall have the following heading:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 2
2 Information to be included, as applicable: (a) the type, place and date of the proceedings before the court martial or hearing; (b) the name, postal address and telephone number of the prosecutor; (c) the name, postal address and telephone number of the defence counsel; (d) the offence or offences charged; (e) the statutory or other provisions on which the charge or charges are based; (f) the plea at trial; (g) the disposition by court martial or military judge; (h) the date of the disposition; and (i) the sentence imposed (and the sentence as modified, if applicable).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (a)
(a) the type, place and date of the proceedings before the court martial or hearing;
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (b)
(b) the name, postal address and telephone number of the prosecutor;
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (c)
(c) the name, postal address and telephone number of the defence counsel;
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (e)
(e) the statutory or other provisions on which the charge or charges are based;
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (g)
(g) the disposition by court martial or military judge;
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (i)
(i) the sentence imposed (and the sentence as modified, if applicable).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 3
3 Where the disposition under review or appeal is a disposition under Division 3 or 10 of Part III of the Act, attach a copy of any directions, orders and conditions and undertakings that are separate from the disposition referred to in paragraph 2(g).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 4
4 When the disposition has resulted in the detention of the person charged, include (a) the name, postal address and telephone number of the institution where the person is being held; and (b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (a)
(a) the name, postal address and telephone number of the institution where the person is being held; and
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (b)
(b) the name and title of the warden, the superintendent or, as the case may be, the person in charge or command of the institution.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 1
1 Any appeal book shall be prepared on white paper of good quality in such manner that printed pages are to the left as the book is read.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 2
2 The type used in an appeal book shall be 12 point unless accounts or tabular matter is being printed, in which case 10 point type shall be used and shall be clearly legible.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 4
4 The size of an appeal book shall be 21.5 cm by 28.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 5
5 There shall be approximately 47 lines of print on each page of an appeal book and every tenth line shall be numbered in the margin.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 6
6 An appeal book shall be arranged in the following sequence and shall consist of a red-coloured cover, a title page, an index and the following parts: Part I 1 Notice of Appeal, Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any. 2 Memorandum of Particulars in accordance with Schedule 3. 3 Any agreement referred to in subsection 6(4) of these Rules. 4 Charges, arraignments, pleas, admissions, entries and orders at the court martial or hearing in chronological order. Part II The evidence. Part III The closing addresses, finding and disposition by the Court Martial or military judge. Part IV The exhibits. Part V The certificate of the Court Martial Administrator, as follows: I, , hereby certify that the foregoing record of the case on appeal to the Court Martial Appeal Court of Canada is a true and correct reproduction of the originals of which they purport to be copies.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 7
7 Every page of an appeal book other than the title page and facsimile reproduced exhibits shall have a heading that states the nature of the material.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 8
8 Where evidence is printed in an appeal book, the questions shall be preceded by the letter “Q”, and the answer, which shall continue on the line which the question concludes, shall be preceded by the letter “A”, if in English, or the letter “R”, if in French.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 9
9 All printed or written documents filed as exhibits shall be grouped together and printed in an appeal book in the order in which they were filed at the court martial.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 10
10 If the whole case requires two or more volumes of an appeal book, to facilitate reference to the exhibits, they may all be reproduced in the final volume or volumes of the appeal book and on the cover after the volume number shall appear the word “Exhibits” in bold letters. When exhibits are reproduced in a special volume of an appeal book, the page numbers shall be the same as though printed in the usual manner.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 11
11 The cover and title page of an appeal book shall have the following heading:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 12
12 Where an appeal book contains more than 300 pages, it shall be bound in separate volumes of not more than 200 pages each.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 13
13 The index of an appeal book shall set out in detail the entire contents in four parts as follows: Part I 1 Notice of Appeal or Notice of Motion commencing an appeal or application or Petition for a New Trial sent to the Court by the Minister, and notice of cross-appeal, if any. 2 Memorandum of Particulars in accordance with Schedule 3. 3 Charges, arraignments, pleas, admissions, entries and orders at the Court Martial or hearing in chronological order. Part II Each witness by name, stating whether for prosecution or defence, examination-in-chief or cross-examination, and the page number of the appeal book where the evidence of the witness commences. Part III Each document forming an exhibit or part thereof, with its description, date and number, in the order in which it was filed and the page number of the appeal book on which it is referred to for the first time in the evidence. Part IV Each closing address, indicating by whom it was delivered and the finding and disposition by the Court Martial or military judge with its date.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 14
14 The pages of the index of an appeal book shall be numbered with small Roman numerals and the remaining pages shall be numbered in the usual manner with the numbers placed in the upper left-hand corner. Nothing shall appear above the page number.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE APPELLANT ( or RESPONDENT, as the case may be ) REQUESTS that a date be set for the hearing of this appeal.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE APPELLANT ( or RESPONDENT, as the case may be ) CONFIRMS THAT:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 1
1 The requirements of Rules 7, 9 and 10 of the Court Martial Appeal Court Rules have been complied with.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 2
2 A notice of constitutional question has been served in accordance with Rule 11.1 of these Rules.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 2
2 There is no requirement to serve a notice of constitutional question under Rule 11.1 of these Rules in this appeal.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 3
3 The hearing should be held at ( place ).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 4
4 The hearing should last no longer than ( number ) hours ( or days ).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 5
5 The representatives of all parties to the appeal are as follows: (a) on behalf of the appellant: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ); (b) on behalf of the respondent: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ); (c) on behalf of the intervener: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ). ( If more than one appellant, respondent or intervener represented by different counsel, list all counsel .)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (a)
(a) on behalf of the appellant: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers );
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (b)
(b) on behalf of the respondent: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers );
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — (c)
(c) on behalf of the intervener: ( name of counsel or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
( If more than one appellant, respondent or intervener represented by different counsel, list all counsel .)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 6
6 The parties are available at any time except: ( List all dates within 90 days after the date of this requisition on which the parties are not available for a hearing ).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 7
7 The hearing will be in ( English or French, or partly in English and partly in French ).
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 8
8 The appellant ( or respondent or the parties, as the case may be ) require(s) an interpreter to translate the proceedings into ( English or French or both )
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE ( identify party ) intends to question the constitutional validity, applicability or effect ( state which ) of ( identify the particular legislative provision );
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
( If the date of the start of the hearing has been fixed ) THE QUESTION is to be argued on ( day ), ( date ) at ( time ), at ( place );
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE FOLLOWING are the material facts giving rise to the constitutional question: ( Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision. );
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
THE FOLLOWING is the legal basis for the constitutional question: ( Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued .);
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
IF YOU WISH to be heard in respect of the constitutional question, you are required to file with the Registry, at least five days before the date set for the start of the hearing of the appeal, a notice of intention to intervene.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
TAKE NOTICE THAT the Court will be moved by ( the Appellant or Applicant or Respondent, as the case may be ) for an order ( Here set out order sought .);
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
AND FURTHER TAKE NOTICE THAT the order should be made because:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
( Where the party seeks to obtain or terminate a release from pre-trial custody or pending an appeal, or to vary the conditions of such release, the party should, and in other applications may, here set out in convenient paragraphs, designated (a), (b), (c), etc., concisely and precisely, the grounds or reasons why the order sought should be made. )
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
AND FURTHER TAKE NOTICE THAT in support of this application, the party will rely on the affidavit(s) of ( state name(s) of affiant(s) ), date filed, together with such further material as counsel for the party may advise and the Court may permit.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada
The ( appellant, applicant or respondent, as the case may be ) has appointed ( name ) as counsel to provide limited-scope representation in this proceeding.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — 1
1 COUNSEL’S MANDATE Counsel’s representation of the ( appellant, applicant or respondent, as the case may be ) is limited to the following aspects of the proceeding: ( Set out the scope of the mandate, including the subject matter and any scheduled appearances. )