GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) In all other cases, the Registrar shall immediately forward a copy to the clerk of the court in which the trial took place.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 7 (1)
7 (1) In appeals where the appellant is not represented by counsel, a notice of appeal and application for leave to appeal shall be in Form “A” or to like effect.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) In all other appeals and applications for leave to appeal, the notice of appeal shall be in Form “B” or to like effect.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) Where an appeal or an application for leave to appeal is commenced by an appellant not represented by counsel, and the appellant subsequently retains counsel, the latter shall immediately notify the registrar and the respondent. Thereafter, all relevant Rules relating to appeals which are not appeals by persons not represented by counsel shall apply.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 8
8 Every notice of appeal and every application for leave to appeal, shall set out the grounds for appeal or application, and shall be signed by the appellant or counsel.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 9 (1)
9 (1) No time or place for the hearing shall be stated in the notice of appeal. The registrar shall forthwith after receipt of the notice, other than a notice of an application to an Appellate judge for leave to appeal, enter the case on the lists of appeal for the next ensuing sittings of the Court, and all necessary directions as to the hearing of the appeal or application may be given by the Court or any judge thereof.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) In appeals by the Attorney-General, the Attorney-General shall take all reasonable steps to notify a respondent of the time and place for the hearing of the appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 10
10 Unless otherwise ordered by the Court or a Judge thereof, all appeals and applications to the Court or a judge thereof for leave to appeal from any trial disposition made in the Northwest Territories shall be heard at Yellowknife, or at such place within the Northwest Territories or the Province of Alberta as may be ordered by the Court or Chief Justice thereof.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 10.1 (1)
10.1 (1) Where (a) the appeal does not raise complex issues of fact or law, (b) the issues on the appeal require the application of established law or procedure, and (c) the parties to the appeal consent, the Court may, on such terms as it considers just, direct that argument on an appeal be presented in writing without oral argument.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (a)
(a) the appeal does not raise complex issues of fact or law,
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (b)
(b) the issues on the appeal require the application of established law or procedure, and
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals
the Court may, on such terms as it considers just, direct that argument on an appeal be presented in writing without oral argument.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) Where the parties seek to have an appeal entertained in writing only, they must apply to the Registrar jointly in writing setting out the reasons why the appeal is suitable for such procedure and acknowledging their agreement to this procedure.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) The Registrar will direct the application to the panel assigned to the appeal which will decide whether or not to accept the application.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) The panel hearing the appeal may, at any time, direct that there be full or partial oral argument, with the personal attendance of the parties or their counsel, or direct that further argument in writing be submitted.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 11 (1)
11 (1) Applications for leave to appeal may be made to the Court or to an Appellate judge.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) An application for leave to appeal to the Court shall be made by the filing of a notice of appeal, pursuant to these Rules, and no further notice is required.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) Where the Court grants leave to appeal, it may at once determine the appeal on its merits or it may direct that the appeal be heard at a later time.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) An application for leave to appeal to an Appellate judge shall be made by filing a notice of appeal pursuant to these Rules, and by filing with the registrar contemporaneously, or thereafter, a notice of motion. Such notice of motion shall be served on the respondent not less than two (2) clear days before the return of the motion, unless otherwise ordered.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (5)
(5) If an appellate judge refuses leave to appeal against a conviction in respect of an application brought pursuant to s. 675(1)(a)(ii), the applicant may, by filing a notice in writing with the registrar within seven (7) days of such refusal, have the application for leave to appeal determined by the Court.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (6)
(6) If an Appellate judge refuses leave to appeal from sentence in respect of an application brought pursuant to s. 675(1)(b), such determination is final, and no appeal from such order lies.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 12 (1)
12 (1) An application to a trial judge for a certificate under s. 675(1)(a)(ii) shall be made within thirty (30) days from the date of sentence, and may be made ex parte , or if the trial judge requires, on at lest two (2) clear days’ notice to the Attorney-General.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) Where a trial judge requires notice of the application: (i) the notice may be returnable before or after the expiration of the thirty (30) days mentioned above; (ii) a copy of the notice shall be mailed to or filed with the registrar; (iii) if the certificate is granted, the notice of appeal shall be mailed or filed within thirty (30) days from the date of sentence, or within two (2) clear days after the certificate is granted, whichever is the later.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (i)
(i) the notice may be returnable before or after the expiration of the thirty (30) days mentioned above;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) a copy of the notice shall be mailed to or filed with the registrar;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (iii)
(iii) if the certificate is granted, the notice of appeal shall be mailed or filed within thirty (30) days from the date of sentence, or within two (2) clear days after the certificate is granted, whichever is the later.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 13 (1)
13 (1) In an appeal against sentence, where the appellant is represented by counsel, unless otherwise ordered by the Court or a judge thereof, there shall be filed by the appellant with the registrar six (6) copies of a group of documents entitled “Sentence Material”, and a further copy shall forthwith be served upon the respondent.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) The Sentence Material shall be filed with the registrar at least fourteen (14) days before the opening of the Court.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) The Sentence Material shall include the following: (i) the Information or Indictment and sentence; (ii) a Statement of Facts as related to the trial judge; (iii) any pre-sentence or post-sentence reports; (iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (i)
(i) the Information or Indictment and sentence;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) a Statement of Facts as related to the trial judge;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (iii)
(iii) any pre-sentence or post-sentence reports;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (iv)
(iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) Where an appeal book has been filed, the Sentence Material need not include any material already contained in the Appeal Book.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (5)
(5) Six (6) copies of written material to be used in support of a respondent’s argument shall be filed with the registrar seven (7) days before the opening of the Court, unless the Court otherwise orders, and a further copy shall be forthwith served upon the appellant.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 14 (1)
14 (1) In an appeal against sentence, where the appellant is not represented by counsel, he may present his argument orally or in writing, but in order to do so orally, he must signify in his notice of appeal his desire to be present, if he is in custody.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) Any argument in writing shall be filed with the registrar prior to the day fixed for the hearing.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 15 (1)
15 (1) In an appeal against sentence by a convicted person, the Attorney-General, if he intends upon the hearing of the appeal to contend that the sentence should be increased or varied, shall, not less than three (3) days before the commencement of the sittings of the Court at which the appeal comes to be heard, give notice of such intention in writing to the appellant or his counsel.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) In any appeal against sentence by either a convicted person or the Attorney-General, the Court of its own motion may treat the whole matter of sentence as open, and on an appeal by a convicted person, may increase or vary the sentence, and on an appeal by the Attorney-General, decrease or vary the sentence, PROVIDED that notice that such increase or variation is to be considered, is given by the Court so that the convicted person or the Attorney-General may be heard on such disposition.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 16 (1)
16 (1) Except in sentence appeals, or unless otherwise ordered, the appellant shall: (i) file six (6) copies of an appeal book with the registrar; (ii) deliver one (1) copy of the appeal book to the respondent.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (i)
(i) file six (6) copies of an appeal book with the registrar;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) deliver one (1) copy of the appeal book to the respondent.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) The appeal book shall be furnished to the appellant upon payment of the fees from time to time authorized by the tariff of fees payable to the office of the court reporters.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) Unless otherwise ordered by the Court or a judge thereof, the Appeal Book shall contain: (i) the Information or Indictment; (ii) the transcript of the evidence, including exhibits; (iii) Counsels’ addresses; (iv) Charge to the jury and verdict of the jury; (v) Reasons for Judgment; (vi) Formal certificate of conviction (or acquittal); (vii) Notice of appeal (or notice of application for leave to appeal).
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) the transcript of the evidence, including exhibits;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (iv)
(iv) Charge to the jury and verdict of the jury;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (vi)
(vi) Formal certificate of conviction (or acquittal);
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (vii)
(vii) Notice of appeal (or notice of application for leave to appeal).
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 17
17 Except in sentence appeals, or unless otherwise ordered,
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (1)
(1) when an appellant is represented by counsel, the appellant shall: (i) file six (6) copies of a factum with the registrar; (ii) deliver one (1) copy of a factum to the respondent twenty-eight (28) days before the date of commencement of the sittings at which the appeal is to be heard.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (i)
(i) file six (6) copies of a factum with the registrar;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) deliver one (1) copy of a factum to the respondent twenty-eight (28) days before the date of commencement of the sittings at which the appeal is to be heard.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) when a respondent is represented by counsel, the respondent shall: (i) file six (6) copies of a factum with the registrar; (ii) deliver one (1) copy of a factum to the appellant fourteen (14) days before the date of commencement of the sittings at which the appeal is to be heard.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) deliver one (1) copy of a factum to the appellant fourteen (14) days before the date of commencement of the sittings at which the appeal is to be heard.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 18
18 The magistrate or deputy magistrate before whom a trial took place, or the clerk of the Court shall, upon request, forward to the Attorney-General and the counsel who acted for the Attorney-General at the trial, certified copies of the documents, exhibits and things connected with the proceedings which are in his custody and control, and which are required for the purposes of an appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 19 (1)
19 (1) Where an appeal is taken or an application for leave to appeal is made, the trial judge shall, at the request of the Court or a judge thereof, furnish to the registrar a report on the case or on any matter relating to the case which is specified in the request.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) Forthwith after the registrar receives the report, he shall mail a copy of it to the appellant and to the respondent, or to their counsel.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 20 (1)
20 (1) Subject to the other subsections of this Rule, all documents, exhibits and things connected with a trial shall be retained by the trial judge or by the clerk of the Court for eighty (80) days after sentence or acquittal, as the case may be.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) At any time after a trial, the trial judge or an Appellate judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) Upon the filing of written consents by the accused or his counsel, and by the Attorney-General or his counsel, the trial judge or the clerk of the Court shall deliver any document, exhibit or thing in accordance with such consents.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) Upon receipt of a copy of a notice of appeal, the trial judge or the clerk of the Court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3) hereof.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 21 (1)
21 (1) A transcript of the evidence of proceedings taken in shorthand at a trial and certified by the court reporter who made or extended the transcript shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) Where the evidence and proceedings are not taken by a court reporter, but by a sound-recording apparatus, as authorized under legislation, a transcript of such recording, certified by a court recorder, shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) Where the evidence and proceedings are not taken by a court reporter, and are not taken by a sound-recording apparatus, as authorized under legislation, then depositions taken in accordance with s. 540 shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 22
22 An order for the restitution of property under ss. 738 or 739 shall provide for securing the safe custody of the property referred to in the order, for the period during which its operation is suspended by virtue of s. 689.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 23 (1)
23 (1) All applications for release from custody pending the determination of an appeal to the Court shall be made to an Appellate judge. No application for release from custody pending the determination of an appeal shall be entertained unless the applicant has filed with the registrar a notice of appeal or an application for leave to appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) No application for release from custody pending the determination of an appeal from sentence only shall be granted unless the appellant has been granted leave to appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (3)
(3) An application for leave to appeal may be combined and heard with an application for release from custody pending appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (4)
(4) No application for release pending the determination of an appeal or motion for leave to appeal to the Supreme Court of Canada shall be entertained unless the applicant has filed and served his notice of appeal, or, where leave is required, his application for leave to appeal.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — 24 (1)
24 (1) Where an applicant applies for release from custody pending determination of appeal, he shall give written notice of such application to the prosecutor. Such notice shall be two (2) clear days’ notice, unless both parties attend upon an Appellate judge or the judge otherwise orders.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (2)
(2) The application shall be supported: A by an affidavit stating: (i) his place of abode in the three years preceding his conviction, and where he proposes to reside if released; (ii) his employment, if any, prior to conviction, and whether he expects to be employed if released; (iii) his criminal record, if any, including convictions outside Canada; (iv) whether criminal charges are, at the time of the application, pending against him, either in Canada or elsewhere. B by his undertaking to surrender himself into custody in accordance with the terms of any order granted.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — A
A by an affidavit stating: (i) his place of abode in the three years preceding his conviction, and where he proposes to reside if released; (ii) his employment, if any, prior to conviction, and whether he expects to be employed if released; (iii) his criminal record, if any, including convictions outside Canada; (iv) whether criminal charges are, at the time of the application, pending against him, either in Canada or elsewhere.
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (i)
(i) his place of abode in the three years preceding his conviction, and where he proposes to reside if released;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (ii)
(ii) his employment, if any, prior to conviction, and whether he expects to be employed if released;
Rules of the Court of Appeals for the Northwest Territories as to A. Criminal Appeals B. Bail on Appeals — (iii)
(iii) his criminal record, if any, including convictions outside Canada;