GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 19
19 (1) On an application for release under section 679 of the Criminal Code , the appellant shall file an application in Form 8 and the material referred to in subrule (2) and serve a copy thereof on the prosecutor. (2) The application shall be accompanied by an affidavit verifying the facts on which the appellant relies in support of his application including the following: (a) a statement of all places where he has resided for the three year period preceding the date that he was sentenced; (b) the place where he intends to reside if he is released; (c) the name of his employer and the place of his employment where he was employed before being placed in custody; (d) his employment prospects if released; (e) the names and addresses of his relatives or other persons who may serve as prospective sureties; (f) a statement of any criminal convictions during the five years preceding his conviction on the offence from which he is appealing, specifying the offences and sentences imposed. (3) The appellant may accompany his application with any other material that he considers will be relevant to the application. (4) Unless a justice otherwise orders, submissions on an application under this section by an appellant who is not represented by counsel shall be in writing. (5) Upon the appellant complying with an order for release, (a) the registrar or other person authorized by the registrar, in a case where an undertaking is ordered, or (b) a justice of the peace who took the recognizance, in any other case, shall issue a notice of release in Form 9 to the person having custody of the appellant. (6) The release order, undertaking, recognizance and any money or valuable security deposited under the recognizance shall be filed or deposited with the registrar. SI/91-81, s. 7
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 20
20 (1) On an application for a direction under section 680 of the Criminal Code , the appellant shall (a) complete Form 10; (b) submit all material that was before the judge or justice when he made the order that the appellant seeks to have reviewed; and (c) submit a concise memorandum stating why there should be a review. (2) The registrar shall deliver a copy of the memorandum submitted under subrule (1)(c) to the prosecutor who may, within five days after receiving it, submit a concise memorandum in response. (3) The chief justice shall, after considering the material before him, inform the registrar of his decision. (4) Where a review is directed under section 680 of the Criminal Code , the registrar shall advise the applicant and the prosecutor of the time and place where the review hearing will be heard. SI/91-81, s. 9
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 22
22 [Repealed, SI/91-81, s. 11] Made this 9th day of June, 1986, by the Court of Appeal of British Columbia, with the concurrence of a majority of the Justices thereof present at a meeting held for the purpose of making these Rules. N. T. Nemetz, C.J.B.C. J. A. Macdonald, J.A. J. D. Taggart, J.A. R. P. Anderson, J.A. P. D. Seaton, J.A. H. E. Hutcheon, J.A. A. B. B. Carrothers, J.A. A. B. Macfarlane, J.A. E. E. Hinkson, J.A. W. A. Esson, J.A. W. A. Craig, J.A. B. M. McLachlin, J.A. J. S. Aikins, J.A. R. I. Cheffins, J.A. J. D. Lambert, J.A. SI/91-81, s. 12
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
Made this 9th day of June, 1986, by the Court of Appeal of British Columbia, with the concurrence of a majority of the Justices thereof present at a meeting held for the purpose of making these Rules. N. T. Nemetz, C.J.B.C. J. A. Macdonald, J.A. J. D. Taggart, J.A. R. P. Anderson, J.A. P. D. Seaton, J.A. H. E. Hutcheon, J.A. A. B. B. Carrothers, J.A. A. B. Macfarlane, J.A. E. E. Hinkson, J.A. W. A. Esson, J.A. W. A. Craig, J.A. B. M. McLachlin, J.A. J. S. Aikins, J.A. R. I. Cheffins, J.A. J. D. Lambert, J.A.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Where notice is filed by a solicitor on behalf of the appellant)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 3
3 Offence(s) of which appellant convicted
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 4
4 Section of Criminal Code or other Act under which appellant convicted was (State here if appeal is under the Young Offenders Act .)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(State here if appeal is under the Young Offenders Act .)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 11
11 If appellant in custody, place of incarceration
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
TAKE NOTICE that the appellant (strike out inapplicable provisions): (a) appeals against his conviction upon grounds involving question of law alone; (b) applies for leave to appeal his conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted hereby appeals against the conviction. (c) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
(a) appeals against his conviction upon grounds involving question of law alone;
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (b)
(b) applies for leave to appeal his conviction upon grounds involving a question of fact alone or a question of mixed law and fact, and if leave be granted hereby appeals against the conviction.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (c)
(c) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
The grounds for appeal are (Use additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Use additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 1
1 Place of conviction Place of appeal to Supreme Court
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 2
2 Name of Judge — Trial (Provincial Court) — Appeal (Supreme Court)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 3
3 Offence(s) of which the appellant was convicted at trial and with respect to which the appellant’s appeal to the Supreme Court was dismissed
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 4
4 Section(s) of Criminal Code or other Act under which the appellant was convicted
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 6
6 Length of trial Length of appeal proceedings in Supreme Court
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
Length of appeal proceedings in Supreme Court
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 7
7 Sentence imposed — Trial Sentence on appeal (if different)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 8
8 Date of conviction at trial Date of Supreme Court decision
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 10
10 If appellant in custody, place of incarceration
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
TAKE NOTICE THAT the appellant applies for leave to appeal the decision dismissing the summary conviction appeal on grounds involving a question of law alone, and if leave be granted, hereby appeals against the said decision.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
The grounds of appeal are (Use an additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Use an additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Where appellant not represented by a solicitor)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
To the Registrar: Name of appellant Place of trial Name of court 1 Name of judge Was this a jury trial Offence(s) of which convicted 2 Plea at trial Sentence imposed Date of conviction Date of imposition of sentence Name and address of place at which appellant is in custody or if not in custody, appellant’s address If in custody, address other than institution
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
Name and address of place at which appellant is in custody or if not in custody, appellant’s address
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
If in custody, address other than institution
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
I, the above named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my 3 on the grounds set out on page 3 of this notice.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
I desire to present my case and argument whether it be for leave to appeal 4 or by way of appeal where leave is not necessary 5 , (a) in writing 6 . (b) in person.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
If a new trial is ordered and you have a right to trial by jury do you wish trial by jury?
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 1
1 (a) If your appeal against conviction involves a question of law alone you have a right of appeal (b) If your appeal against conviction is upon any other ground than a question of law, then you have no right of appeal unless leave to appeal is first granted. Your notice of appeal includes an application for leave to appeal where leave is necessary. (c) You have no right to appeal against sentence unless leave to appeal is first granted by the Court of Appeal or a justice. Your notice of appeal includes an application for leave to appeal.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (b)
(b) If your appeal against conviction is upon any other ground than a question of law, then you have no right of appeal unless leave to appeal is first granted. Your notice of appeal includes an application for leave to appeal where leave is necessary.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (c)
(c) You have no right to appeal against sentence unless leave to appeal is first granted by the Court of Appeal or a justice. Your notice of appeal includes an application for leave to appeal.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 2
2 Further take notice that if you appeal from sentence the Court of Appeal may increase your sentence.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 3
3 (a) If your appeal is against conviction or sentence alone, or against both conviction and sentence, this notice must be filed within 30 days of the date of imposition of the sentence. (b) If this notice is filed beyond this time, then you must apply for an extension of time by completing Form 7.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (b)
(b) If this notice is filed beyond this time, then you must apply for an extension of time by completing Form 7.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
These must be filled in before notice is sent to the Registrar. The appellant must here set out the grounds or reasons he alleges why his conviction should be quashed or his sentence reduced. If one of the grounds set out is “misdirection” by the judge, particulars of the alleged misdirection must be set out in this notice. (Use additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 3
3 Offence(s) of which defendant convicted or acquitted, as the case may be
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 4
4 Section of Criminal Code or other Act under which defendant was convicted or acquitted. (State here if appeal is under Young Offenders Act , if applicable.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — 11
11 If defendant in custody, place of incarceration
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
TAKE NOTICE that the appellant (strike out inapplicable provisions) : (a) appeals against the acquittal of the respondent upon grounds involving question of law alone; (b) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence; (c) (other — e.g. appeals under subsection 676(3) or (4) of the Criminal Code ).
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
(a) appeals against the acquittal of the respondent upon grounds involving question of law alone;
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (b)
(b) applies for leave to appeal against sentence, and if leave be granted hereby appeals against the sentence;
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (c)
(c) (other — e.g. appeals under subsection 676(3) or (4) of the Criminal Code ).
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
The grounds of appeal are (Use additional separate sheet if necessary)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
ON APPEAL FROM: (State court or judge from whose order the appeal is brought, together with the date that the order was pronounced.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Name of counsel for respondent) Counsel
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Each document forming an exhibit or part of an exhibit with its description, date and number in the order in which it was filed together with the page number of the transcript at which the exhibit is first referred to in the evidence. Any exhibits or affidavits that have been excluded under Rule 9 shall be listed.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(The order under appeal together with the reasons for judgment and the name of the judge who delivered them followed by the notice of appeal.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Each witness by name, stating whether for the Crown or defendant, examination in chief, cross examination, re-examination or as the case may be, giving the page.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Each ruling made by the trial judge and his reasons for judgment or, where the trial was with a jury, his charge to the jury.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(A statement of evidence excluded under Rule 9.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(PART 1 - Information or Indictment: This Part shall contain the contents of the information or indictment in the proceedings from which the appeal is brought.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(PART 2 - Exhibits and Affidavits: This Part shall contain each document in the order that it was filed. Unless something turns on the document itself, cheques, notes, bills and other similar documents need not be reproduced so long as their effect is stated. Documents having common characteristics shall be arranged in separate groups in order of their dates, and exhibits and affidavits to be reproduced in facsimile may, if numerous or of a special size, be grouped together.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
Where evidence from the matter under appeal consisted of affidavit evidence, all affidavits shall be reproduced in this Part.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(PART 3 — Orders, Judgments and Notice of Appeal: This part shall contain the order under appeal with the name of the judge who gave it. The surname of a judge shall be followed by the initials “J.” for a judge of the Supreme Court and “P.C.J.” for a judge of the Provincial Court. Where no transcript is filed, this Part shall contain each ruling of the trial judge or, where the trial was with a jury, the judge’s charge to the jury. The Notice of Appeal shall be included at the end of this Part.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(PART 1 - Evidence: This Part shall contain a transcription of the evidence stating the name of the witness, the party on whose behalf the witness was tendered and, on each page, whether the evidence was during examination in chief, cross examination, re-examination or as the case may be. Each question shall be preceded by the letter “Q” at the beginning of the question and the answer shall be preceded by the letter “A” at the beginning of the answer. Each page of the transcript shall have 47 lines and each line shall be consecutively numbered in the left margin.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(PART 2 - Rulings, Reasons for Judgment or Charge to the Jury: This Part shall contain each ruling made by the trial judge as well as his reasons for judgment or, where the trial was with a jury, his charge to the jury.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
ISSUE(S) ON APPEAL (Respondent’s factum)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(State page where applicable Part begins.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(In the appellant’s factum, this Part shall consist of a concise statement of the course of the proceedings and the facts of the case. Each paragraph of this Part shall be consecutively numbered.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
In the respondent’s factum, this Part shall consist of the respondent’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that the respondent considers relevant.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
In each factum, the course relied on for a statement of fact (e.g. testimony and exhibit or the reasons for judgment) should be identified by referring to the page and lines of the appeal book or transcript.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(In the appellant’s factum, this Part shall consist of a concise statement that sets out clearly and particularly in what respect the charge to the jury or the judgment or order appealed from is alleged to be in error.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
In the respondent’s factum, this Part shall consist of a statement of the respondent’s position in regard to the points put in issue in the appellant’s factum and of any other points that the respondent may properly put in issue.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(In each factum, this Part shall consist of a concise outline of the argument setting out the points of law or fact to be discussed, with a particular reference to the page and lines of the appeal book or transcript and the authorities in support of each point.
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (a)
Where an enactment is cited or relied on, it may be briefly reproduced in this Part, but it shall be reproduced (a) as an appendix to the factum, or (b) as a separate volume having covers the same colour as the appropriate factum and be filed at the same time as that factum.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — (b)
(b) as a separate volume having covers the same colour as the appropriate factum and be filed at the same time as that factum.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(This Part shall consist of a concise statement of the nature of the order that the party preparing the factum desires the court to make.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Following any appendices, there shall be listed in alphabetical order all authorities that are referred to in the factum. After each authority the page or pages in the factum at which the authority is referred to shall be cited. All citations of an authority that are known by counsel shall be given and, when an authority is a decision of the Supreme Court of Canada, the Supreme Court Reports’ citation shall be given first.)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
IN THE MATTER OF (Name) convicted at (Place where convicted) before (Judge) of (Offence) on the day of 19 and sentenced to (Length or description of sentence) on the day of 19
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
TAKE NOTICE that an application will be made on behalf of the above named to this Court, or a Judge thereof, at such time and place as the Registrar may direct, for an extension of time within which (“an appeal may be brought” or “an application for leave to appeal may be made”), upon the following grounds:
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Signature of appellant or his solicitor)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(Name and address for service of solicitor, or, if no solicitor, an address, not being a prison, where documents may be served on the appellant if he is not in custody)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
TAKE NOTICE that an application will be made on (day) at to a Justice of the Court for an order that the appellant be released from custody pending the determination of his appeal against his conviction at (location) by (Judge) of (offence) on the day of 19 Or against the sentence of (sentence) imposed on him at (location) by (Judge) on the day of after conviction of the appellant of (offence)
British Columbia Court of Appeal Criminal Appeal Rules, 1986 — British Columbia Court of Appeal Criminal Appeal Rules, 1986
(location) by (Judge) of (offence) on the day of 19