Criminal Appeal Rules — 8
8 (1) This rule does not apply to inmate appeals. Certificate of court reporter to accompany notice of appeal (2) Except in the case of an appeal to which subrule (3), (5) or (7) applies and except where otherwise directed by the Registrar, the appellant shall at the time the notice of appeal is filed with the Registrar file a certificate of the court reporter that copies of the transcript as required by these rules have been ordered. Where certificate unavailable (3) Where the appellant cannot through the exercise of reasonable diligence file a certificate of the reporter as required by subrule (2), the appellant shall, at the time the notice of appeal is filed, file with the Registrar proof that the copies of the transcript as required by these rules have been ordered and shall file the certificate of the reporter within fifteen days after the filing of the notice of appeal. Transcripts for the court (4) Except where otherwise ordered, three copies of the transcript are required for the use of the court. Appeal under provisional Legal Aid certificate (5) Where an appellant has been granted a provisional certificate under the Ontario Legal Aid Plan limited to the filing of a notice of appeal or to the filing of a notice of appeal and the making of an application for release from custody pending appeal, the solicitor acting under the certificate may file the notice of appeal without ordering the transcript and without filing a certificate of the reporter, but where a legal aid certificate authorizing the carrying on of the appeal is granted, the solicitor shall file a certificate of the reporter as provided by subrule (2) within fifteen days after the granting of the legal aid certificate. Procedure after certificate for appeal granted (6) Where an appeal is commenced as an inmate appeal and a legal aid certificate is subsequently granted for the carrying on of the appeal, the solicitor acting under the certificate shall file a new notice of appeal in Form B within fifteen days after the granting of the certificate, whereupon the inmate appeal shall be deemed to be withdrawn and subrule (2) and all other rules relating to appeals through solicitors apply. Appeal from General Division Judge not sitting as trial judge (7) On an appeal from the decision of a judge of the Ontario Court (General Division) not sitting as a trial judge where no transcript is required other than that filed in the Ontario Court (General Division), the appellant shall at the time the notice of appeal is filed with the Registrar file an undertaking in Form C that any transcripts required for the hearing of the appeal will be filed within thirty days after the filing of the notice of appeal. Contents of transcript (8) Unless otherwise ordered by a judge, or except as otherwise consented to by the respondent, there shall be omitted from the transcript, (a) any proceedings in respect of the selection of the jury; (b) any opening address of the trial judge; (c) the opening and closing addresses of counsel; (d) all evidence in the absence of the jury and all submissions of counsel, in the absence of the jury except, (i) submissions as to the proposed content of the charge and the trial judge’s ruling thereon and reasons, (ii) objections to the charge and the trial judge’s ruling thereon and reasons, (iii) submissions respecting questions from the jury and the trial judge’s ruling thereon and reasons; (e) all final argument where there is no jury; and (f) all objections to the admissibility of evidence, except a notation that an objection was made and a brief summary of the nature of that objection and the position of counsel, but the trial judge’s ruling and reasons in respect of the objection shall be set out in full in the transcript. Appeals against conviction and sentence (9) In an appeal against conviction and sentence, the transcript shall include any evidence called at the sentence hearing and counsel’s submissions as to sentence. Order for inclusion o