GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
file means file with the clerk of the appeal court; ( déposer )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
inmate appeal means an appeal by a person who at the time the notice of appeal is given is in custody, and is not represented by counsel for the appeal; ( appel d’un détenu )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
judge means a judge of the appeal court; ( juge )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — (i)
summary conviction court means a person who has jurisdiction in the region or county where the proceedings under Part XXVII of the Code have arisen and who: (i) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken, (ii) is a justice or a provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or (iii) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; ( cour des poursuites sommaires )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — Criminal Proceedings Rules for the Superior Court of Justice (Ontario)
trial court means the summary conviction court from or against whose adjudication an appeal is being taken; ( tribunal de première instance )
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.02
40.02 Except as otherwise provided by the Code , any other Act of the Parliament of Canada or enactment made thereunder, this rule applies to appeals as defined in rule 40.01.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.03
40.03 (1) Any time limited by this rule may be extended or abridged by a judge, before or after the expiration of the time prescribed, in accordance with rule 3.02, except that the time limited by subrule 40.16(1) for making an application under subsection 822(4) of the Code shall not be extended pursuant to rule 3.02. (2) Any party to an appeal or the clerk of the appeal court may apply to a judge for directions regarding the appeal, on notice to every other party. Notice (3) Except in an inmate appeal, notice of an application to extend or abridge the time limit or for directions, unless on consent or otherwise ordered by a judge, shall be served on every other party or as otherwise specified by this rule. (4) Where an extension or abridgement of time relating to an inmate appeal is granted by a judge, the endorsement to that effect shall constitute an order extending or abridging the time. (5) Except for an order for release from custody under section 816 of the Code , any order provided for in rules 40 to 42 may be made with the consent in writing of the parties, without the attendance of counsel. SI/2014-5, s. 22(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.04
40.04 (1) The notice of appeal in an inmate appeal shall be in Form A to the Criminal Appeal Rules of the Court of Appeal for Ontario, with necessary modifications. Counsel’s appeal (2) The notice of appeal in any other appeal by a convicted person shall be in Form 2. Appeal by Attorney General (3) A notice of appeal by the Attorney General shall be in Form 2, with necessary modifications. Notice of Appeal Contents (4) All notices of appeal shall be: (a) dated and signed by the appellant, or the counsel of record of the appellant, and (b) directed to the clerk of the appeal court. Constitutional Question (5) Where a notice of appeal raises a constitutional question as set out in section 109 of the Courts of Justice Act , the notice shall be titled “Notice of Appeal and Constitutional Question” and shall be served and filed in accordance with subrule 40.06(1).
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.05
40.05 (1) An appellant shall serve and file the notice of appeal, (a) where the appeal is from a conviction or sentence or both, within 30 days after the day on which the sentence was imposed; or, (b) in any other case, within 30 days after the day on which the adjudication under appeal was made.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.06
40.06 (1) Notice of appeal shall be given: (a) in an inmate appeal by giving the notice of appeal to the senior official of the institution in which the appellant is confined. The official shall transmit the notice of appeal to the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held. The official shall forthwith give to the inmate any documents that are transmitted to the inmate by the clerk of the appeal court, and shall inform the clerk of the appeal court of doing so. (b) in an appeal other than an inmate appeal, (i) Where the appeal is by the defendant, by serving and filing with the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held, a copy of the notice of appeal with proof of service on the Attorney General, at the office designated for service of notice of summary conviction appeals in the region in which the trial was held, (ii) Where the appeal is by the Attorney General, by filing with the clerk of the appeal court for the jurisdiction in which the proceeding appealed from was held, a copy of the notice of appeal, with proof of personal service on each respondent to the appeal, and (iii) Where the notice of appeal raises a constitutional question as set out in section 109 of the Courts of Justice Act , by also serving a. The Public Law Division, Constitutional Law Branch of the Ministry of the Attorney General; and, b. The Attorney General of Canada at the Regional Office of the Public Prosecution Service of Canada at Toronto or at Ottawa. Proof of Service (2) Except as ordered by a judge, a party serving a Notice of Appeal shall within the time specified in rule 40.05 file proof of service, by affidavit of the person who served it, or by a counsel of record’s written and dated admission or acceptance of service. Substituted Service (3) Where a respondent cannot be found after reasonable efforts have been made to serve the notice of appeal, the appellant may apply for directions pursuant to subrule 40.03(2) without notice, to effect substituted service in the manner directed and within the period directed by a judge, pursuant to section 678.1 of the Code .
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.07
40.07 (1) Upon receipt of a notice of appeal, the clerk of the appeal court shall forthwith transmit a copy of it to the clerk of the trial court in the region or county in which adjudication was made. Transmission of Exhibits and Documents (2) Upon receipt of a notice of appeal, the clerk of the trial court, unless it is otherwise ordered by a judge, shall transmit forthwith to the clerk of the appeal court all documents and exhibits which were before the trial court, including the information, all notices of motion or applications, motion records and facta. (3) Notwithstanding subrule (2), currency, valuable securities, jewellery, narcotics and exhibits which are inherently dangerous (as for example, explosives) shall not be transmitted to the clerk of the appeal court unless material to the issues raised on appeal and a judge so orders. Transmission of Copy (4) It shall be sufficient under subrule (2) for the clerk of the trial court to transmit to the clerk of the appeal court a certified copy of the information upon which trial proceedings took place, unless otherwise ordered by a judge. (5) Upon receipt of the documents and exhibits from the trial court, the clerk of the appeal court shall make a copy of all the documents and exhibits that are capable of reproduction, and notify the appellant that they are available to be included in the appeal book to be prepared by counsel pursuant to rule 40.10. (6) Where the exhibits transmitted are voluminous, the clerk of the appeal court may notify the parties to the appeal that an application for directions will be made to a judge regarding the exhibits, pursuant to subrule 40.03(2).
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.08
e case may be. Where the appellant cannot comply with the time limits set out in subrule (6) or (7) as the case may be, the appellant may seek an extension of the time pursuant to rule 3.02; and (c) in the event of difficulty in settling the statement of facts, counsel for either party may, on notice, attend upon a judge in chambers for assistance. In the event of a failure to agree as to the facts, the provisions of subrules (1) and (10) to (12) apply. Completion of Transcripts (18) Upon signing a certificate, each court reporter shall proceed with reasonable diligence to prepare and certify the transcript. All transcripts shall be prepared no longer than 90 days after the date the transcript was ordered. (19) If the transcript has not been completed within 90 days from the date the transcript was ordered, the court reporter shall notify the parties to the appeal and the clerk of the appeal court, in writing, of the reason for the delay, and the date upon which the transcript will be prepared forthwith. (20) Upon completion of the transcript, the court reporter shall forthwith notify the parties to the appeal and the clerk of the appeal court, in writing, that the transcript has been completed, by filing a Certificate in Form 2D, which shall include the date(s) to which the transcript relates. (21) The Appellant shall serve on the respondent and all other parties to the appeal, and file together with proof thereof, a copy of the transcript within 30 days of receipt of a Certificate in Form 2D from each court reporter responsible for preparing a portion of the transcript. (22) Unless an appeal has been wholly abandoned, after a transcript has been ordered, the completion of the transcript shall not be suspended nor the order countermanded except pursuant to an order of a judge made in accordance with rule 2.01. Costs Sanction for Unnecessary Evidence (23) In considering whether to award costs on an appeal under section 826 or subsection 834(1) of the Code , a judge may consider whether evidence has been transcribed or exhibits reproduced unnecessarily. SI/2014-5, ss. 23(E), 32(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.09
40.09 (1) A notice of appeal may be amended without leave, before the appellant’s factum has been filed, by serving on the parties on whom the notice was served a supplementary notice of appeal in Form 2A and filing it with proof of service. Argument Limited to Grounds Stated (2) No grounds other than those stated in the notice of appeal or supplementary notice of appeal may be relied on at the hearing of the appeal, except with leave of the judge hearing the appeal. Relief Limited (3) No relief other than that sought in the notice of appeal or supplementary notice of appeal may be sought at the hearing, except with the leave of the judge hearing the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.10
40.10 (1) The appellant, within 15 days after receiving notice that the transcript of evidence is ready, or where a transcript of evidence is not required on appeal, within 30 days after filing the notice of appeal, shall, unless otherwise ordered by a judge, serve on the respondent and any person entitled by order of a judge to be heard on the appeal, a copy of an appeal book and, at such time, shall file proof of service of the appeal book and a legible copy of the appeal book. Where the appellant is not represented by counsel (2) Where the appellant is not represented by counsel, a judge may require the respondent to prepare the appeal book. Contents of Appeal Book (3) 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, by exhibit number or letter; (b) the notice of appeal and any supplementary notice of appeal; (c) any direction or order made with reference to the appeal; (d) the information, including all endorsements thereon or as adjuncts thereto; (e) the formal order or decision appealed from, as signed and entered, if any; (f) the reasons for judgment, if not included in the transcript of proceedings; (g) any order for release from custody pending appeal; (h) all documentary exhibits filed at the trial that the parties have not agreed to omit, arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date; (i) all notices of application filed at or before the trial; (j) all maps, plans, photographs, drawings and charges that were before the summary conviction court and are capable of reproduction that the parties have not agreed to omit; (k) the agreed statement of facts, if any; (l) where there is an appeal as to sentence, the pre-sentence report, the criminal record of the appellant, and any exhibits filed on the sentencing proceedings; (m) the certificates respecting evidence referred to in subrule 40.08(1). Non-Compliance with Rules (4) The clerk of the appeal court may refuse to accept an appeal book which does not comply with this rule or is not legible and the appeal book shall not be filed except by leave of a judge. Relief from Compliance (5) Where compliance with this rule would cause undue expense or delay, a judge may give special directions. SI/2014-5, s. 24
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.11
es relating to that issue; (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue; (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; (e) Part V, entitled “Time Estimates”, which shall contain the respondent’s time estimates for oral submissions for: (i) each respondent, (ii) each appellant, and (f) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III in paragraphs numbered consecutively throughout the factum. (8) The facta shall be printed on good quality white paper 216 millimetres by 279 millimetres in size, and the text shall be printed, typewritten, written or reproduced legibly on one side only, with double spaces between lines, except for quotations which may be single spaced, and margins of approximately 40 millimetres on the left-hand side. (9) The characters used shall be at least 12 points or 10 pitch size. (10) Back sheets and covers shall be of 176 g/m 2 cover stock. (11) The appellant’s factum shall be bound front and back in blue cover stock, the respondent’s factum shall be bound front and back in green cover stock, and the intervenor’s factum shall be bound front and back in grey cover stock. Appeals from Sentence Only (12) For an appeal from sentence only, the factum submitted by the appellant (other than the Attorney General) shall be in Form 19. (13) Where the Attorney General is the appellant, such changes shall be made in the form of the factum as may be required. SI/2014-5, ss. 25, 33(E)
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.12
40.12 (1) Books of authorities shall be served and filed by the appellant at the time of filing the appellant’s factum. (2) The books of authorities shall contain only those authorities that the parties intend to refer to in oral argument. (3) The portions of the authorities to which reference may be made in oral argument shall be highlighted or sidebarred. (4) The copies of the authorities shall be legible, and may be printed on both sides of each page. (5) Books of authorities shall be served and filed by the respondent and other parties to the appeal at the time of filing the respondent’s or other party’s factum, and shall not contain any authorities in the appellant’s book of authorities.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.13
40.13 (1) An appeal is perfected when: (a) the material described in subsection 821(1) of the Code and in subrule 40.07(2) has been received by the clerk of the appeal court; (b) a copy of the transcript, agreed statement of facts, if any, and appeal book have been received by the clerk of the appeal court, or a judge has made an order dispensing with the filing thereof; (c) any application made under subsection 822(4) of the Code and rule 40.16 has been dismissed; and, (d) the appellant has filed his or her factum. Consequences of Perfecting Appeal (2) When an appeal is perfected, it is ready for hearing and may be entered on a list for hearing.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.14
40.14 When an appeal is listed for hearing, the clerk of the appeal court shall contact the parties and fix the date for the hearing of the appeal, or where dates are not so fixed, shall give notice to the parties of a date at which the parties shall appear before a judge, for the purpose of scheduling a date for the hearing of the appeal.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.15
40.15 (1) Where an appellant in an appeal wishes to present his or her case on appeal and argument in writing, the appellant shall give notice of such intention in Form 2B within the time and in the manner prescribed in subrule 40.10(1) respecting appeal books. Materials to be Filed (2) On an appeal in writing, the appellant shall serve and file transcripts of evidence (if any), appeal books and all other material, except factums, within such time and within such manner as would be required if the appeal were to be heard with oral argument and shall further serve and file his or her written argument within 90 days of the appeal being perfected. Consideration of Materials Filed (3) The material on the appeal in writing shall be considered by a judge in chambers who may give directions as to whether the respondent should be requested to serve and file written argument and prescribe the times for doing so as well as for the service and filing of any reply in writing by the appellant. (4) Where the judge in chambers considers that no written argument from the respondent is required, he or she shall prepare written reasons for dismissing the appeal. (5) Where the judge in chambers directs that the respondent provide written argument and the appellant written argument in reply, the appeal shall be considered by the judge in chambers who required argument, or any other judge, who shall give written reasons for his or her decision. (6) The reasons described in subrules (4) and (5) shall be dealt with as if they were a reserved judgment.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.16
40.16 (1) An application under subsection 822(4) of the Code for a trial de novo shall be made before a date has been fixed for hearing the appeal under rule 40.14. Notice of Application (2) Notice of an application for a trial de novo shall be served on every other party at least seven days in advance, except that, if the notice is filed with the notice of appeal, it shall be served with the notice of appeal in accordance with subrule 40.06(1). Date for Hearing of Application (3) Upon receipt of an application under subrule (1), the clerk of the appeal court shall enter the application for hearing on a date fixed by a judge or, where hearing dates are not so fixed, enter the application on a list of applications to be heard at a regular or special sitting of the appeal court. Notice (4) Unless a judge otherwise orders, the clerk of the appeal court shall serve each party with a notice of the date on which the application is to be heard. SI/2014-5, s. 26
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.17
40.17 (1) Where an appellant wishes to abandon his or her appeal, in whole or in part, he or she shall serve on the respondent, in the manner provided in rule 5, a notice of abandonment in Form 9, signed by the counsel of record in the appeal, or by the appellant (in which case the signature shall be verified by affidavit or solemn declaration or witnessed by a counsel or the senior official of the institution in which the appellant is confined). Dismissal as Abandoned (2) A judge in chambers may thereupon dismiss the appeal as an abandoned appeal, without the attendance of the counsel of record or the appellant.
Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.18
40.18 (1) Unless otherwise ordered by a judge of the court, the clerk of the appeal court shall, on notice to both parties, place before a judge, at a time and place specified by the clerk in the notice, any appeals including: (a) where all transcripts required for the appeal pursuant to this rule or as ordered by a judge have not been served and filed with proof of service within 90 days of the date the notice of appeal was filed. (b) where the appellant’s appeal book has not been served and filed within 15 days of notification that all transcripts ordered are available or within 60 days of the filing of the notice of appeal in a case in which an agreed statement of facts is filed; (c) where the appellant’s factum has not been served and filed within 90 days of receiving the Court Reporter’s Completion Certificate pursuant to subrule 40.11(4); (d) where the respondent’s factum has not been served and filed not later than 10 days of the week in which the appeal is scheduled to be heard; (e) where an order staying or suspending an order of the trial court, or an order releasing the appellant from custody pending the hearing of the appeal, has expired before the hearing of the appeal; (f) where the appellant fails to serve and file a written appeal in accordance with subrule 40.15(1), and the material required by subrule 40.15(2); or, (g) Any other circumstance in which it appears to the clerk of the appeal court that there has been undue delay in perfecting or fixing a date for the appeal for any reason. (2) Notwithstanding subrules (1) and (3), where the only reason a transcript has not been filed is that a court reporter has not prepared the transcript, the appellant may notify the respondent in writing of the reason for the delay and need not attend the supervision hearing mentioned in subrule (1) unless otherwise ordered by a judge. (3) Where the clerk of the appeal court provides counsel with a notice of supervision hearing under this rule, directing that counsel of record for the appellant and respondent or counsel on their behalf fully instructed and fully authorized to deal with the matter attend the hearing, the counsel shall appear before the judge at the time and place fixed in the notice of supervision hearing, without further notice. (4) After hearing the counsel of record or counsel appearing on their behalf fully instructed and fully authorized to deal with the matter, or where counsel does not appear, the judge may make any order concerning the appeal as he or she deems appropriate, including dismissing the appeal as abandoned. SI/2014-5, s. 27