GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Appeal Rules — 3
3 (1) The notice of appeal in an inmate appeal shall be in Form A. Solicitor’s appeal (2) The notice of appeal in any other appeal by a convicted person shall be in Form B. Appeal by Attorney General (3) A notice of appeal by the Attorney General shall be in Form B with necessary modifications. Other appeals (4) The notice of appeal in any other appeal to which these rules apply, except an appeal under Part XX.1 of the Code, shall be in Form B with necessary modifications. File number to be included (5) A notice of appeal in Form B shall include the file number of the proceeding in the court appealed from.
Criminal Appeal Rules — 4
4 (1) Where the appeal is from acquittal, the notice of appeal shall be served within thirty days after the day of the acquittal. Appeal from conviction or sentence (2) Where the appeal is from conviction, sentence, or both, the notice of appeal shall be served within thirty days after the day of the sentence. Appeal from an order (3) Where the appeal is from any other order, the notice of appeal shall be served within thirty days after the day of the making of the order sought to be appealed.
Criminal Appeal Rules — 5
5 Service of a notice of appeal shall be effected, (a) in an inmate appeal, by delivering the notice of appeal to the senior official of the institution in which the appellant is in custody; and (b) in an appeal other than an inmate appeal, by delivering to the office of the Registrar or by mailing to the Registrar by registered mail three copies of the notice of appeal, and, in addition, in an appeal by the Attorney General, by personal service on the person in respect of whose acquittal or sentence the appeal is brought, or as may be directed by a judge.
Criminal Appeal Rules — 6
6 Except for an application for release from custody under section 679 of the Code, any order provided for in these rules may be made with the consent in writing of the parties without the attendance of counsel.
Criminal Appeal Rules — 7
7 (1) The time for appeal and for doing any other act in connection with an appeal for which a time is prescribed may be extended or abridged by a judge before or after the expiration of the time prescribed. Notice (2) Except in an inmate appeal, notice of application to extend or abridge time shall be given to the opposite party unless otherwise directed by a judge. Extension of time in inmate appeal (3) An extension of time relating to an inmate appeal may be granted by a judge and the endorsement to that effect shall constitute an order extending the time. (4) In all cases where the application for an extension of time in an inmate appeal is served six months or more after the time for serving the notice of appeal has expired, and in any other case where the judge considers it appropriate, the Registrar shall give notice to the Attorney General of the application. (5) Upon receiving notice of the application, the Attorney General shall, if the application is opposed, within ten days file with the Registrar a written response to the application and a copy of the response shall be forwarded by the Registrar to the appellant together with a notification that he or she may make written submissions in reply to the response of the Attorney General within fifteen days after receipt of the response. (6) If the judge to whom the application is made under subrule (4), after reviewing the grounds upon which the appellant in the notice of appeal requests an extension of time, the report of the trial judge under rule 13 and any submissions filed by the Attorney General or the appellant under subrule (5), is of the opinion that an extension of time should be refused, the judge shall prepare reasons for the refusal, and the file shall then be referred to two members of the criminal panel. (7) The decision of the majority of the three judges shall be the decision of the court on the application for an extension of time. (8) The reasons given by the court on the application shall be sent to the appellant, and where the Attorney General has filed a response, to the Attorney General, and where the application is granted the Attorney General and the appellant shall be notified by the Registrar.
Criminal Appeal Rules — 9
9 (1) Where the appellant fails to comply with any of the provisions of rule 8, the Registrar may serve notice on the appellant and counsel for the appellant that the appeal may be placed before the Court of Appeal to be dismissed as an abandoned appeal unless the default is cured within ten days after service of the notice. Service of notice that appeal to be dismissed as abandoned (2) Where the appellant does not cure the default within ten days after service of the notice, or within such longer period as a judge allows, the Registrar shall serve notice on the appellant and counsel for the appellant of the date on which the appeal is to be placed before the Court of Appeal to be dealt with in accordance with subrule (1). Appellant to be served with copy of order dismissing appeal (3) The Registrar shall serve the appellant with a copy of an order dismissing the appeal. Manner of service (4) Unless a judge otherwise orders, service of a notice on the appellant and counsel under this rule shall be by prepaid registered mail to the addresses as set out in the notice of appeal or as filed with the Registrar.
Criminal Appeal Rules — 10
10 (1) Upon receipt of a notice of appeal, the Registrar shall forthwith transmit a copy of it to the registrar of the Ontario Court (General Division) or the clerk of the Ontario Court (Provincial Division), as the case may be, for the county or district where the proceedings were held and, except where the appellant is the Attorney General, to the Attorney General. (2) Upon receipt of a notice of appeal in Form A [inmate appeal], the registrar of the Ontario Court (General Division) or the clerk of the Ontario Court (Provincial Division), as the case may be, unless it is otherwise ordered by a judge, shall transmit forthwith to the Registrar all documents and exhibits capable of reproduction which were before the trial court.
Criminal Appeal Rules — 11
11 (1) Except in the case of an inmate appeal, the appellant shall by requisition within fourteen days after the filing of the notice of appeal cause to be forwarded to the Registrar copies of the conviction, order, indictment or information, pre-sentence report, criminal record and any other papers or documents relating to the appeal together with all exhibits capable of reproduction from the court from which the appeal is taken. Form of requisition (2) The appellant shall requisition the documents referred to in subrule (1) by filing a requisition in Form 4E of the Rules of Civil Procedure with the registrar of the Ontario Court (General Division) or the clerk of the Ontario Court (Provincial Division) as the case may be. Copy of requisition to be filed with Registrar (3) The appellant shall file a copy of the requisition in Form 4E with the Registrar within fifteen days after the filing of the notice of appeal.
Criminal Appeal Rules — 12
12 (1) Where an appellant in custody who has appealed through a solicitor has received notice that legal aid for the appeal has been refused and within fifteen days he or she files with the Registrar notice of intention to proceed with the appeal as an inmate appeal, rules 8 and 11 cease to apply to the appellant. (2) The notice of intention shall state whether the appellant wishes to present the appeal in person or in writing. (3) Thereafter the appeal shall be processed as an inmate appeal, and unless a transcript of evidence has been ordered, a report shall be obtained from the trial judge under rule 13. (4) The appeal book shall include a copy of the appellant’s notice of intention and of the notice of appeal filed by the appellant’s former solicitor.
Criminal Appeal Rules — 13
13 (1) Upon the request of the Court of Appeal made through the Registrar, the trial judge shall promptly furnish a report on the case under appeal summarizing the material facts and in particular the facts relevant to those matters raised by the notice of appeal and on any matter relating to the proceeding that is specified in the request. (2) A trial judge furnishing a report under this rule shall concurrently furnish a transcript of any reasons delivered in open court for conviction and sentence, and in the case of a trial by judge and jury, a transcript of the trial judge’s charge to the jury, the objections to the charge and related rulings, if any, and any questions from the jury and the answers to them.
Criminal Appeal Rules — 14
14 (1) Except in an inmate appeal, 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, identified by exhibit number or letter; (b) the notice of appeal and any supplementary notice of appeal; (c) the order granting the leave to appeal, if any, and any order or direction made with reference to the appeal; (d) the information or indictment, including all endorsements; (e) the formal order or decision appealed from, if any, as signed and entered; (f) the reasons for judgment, if not included in the transcript of the trial or hearing, together with a further typed or printed copy if the reasons are handwritten; (g) any order for release from custody pending appeal and any other order suspending the operation of the sentence; (h) all documentary exhibits filed at the trial arranged in order by date or, where there are documents having common characteristics, arranged in separate groups in order by date; (i) all maps, plans, photographs, drawings and charts that were before the trial judge and are capable of reproduction; (j) the agreed statement of facts, if any; (k) where there is an appeal as to sentence, the pre-sentence report, the criminal record of the convicted person and any exhibits filed on the sentencing proceedings; (l) any notice of constitutional question served in accordance with section 109 of the Courts of Justice Act , and proof of service of the notice upon the Attorney General of Ontario and the Attorney General of Canada; (m) any agreement made by the parties under subrule 8(18); (n) the certificate referred to in subrule 18(2); and (o) a certificate in Form 61H of the Rules of Civil Procedure signed by the appellant’s solicitor, or on the solicitor’s behalf by someone specifically authorized to do so, stating that the contents of the appeal book are complete and legible. Material may be omitted from appeal book (2) Notwithstanding subrule (1), with the consent of the respondent or as directed by a judge, some or all of the material referred to in paragraphs (1)(h) and (i) may be omitted from the appeal book. Form of appeal book (3) The appeal book, other than an appeal book prepared by the Attorney General, shall be bound front and back in buff cover stock and the appeal book prepared by the Attorney General shall be bound front and back in grey cover stock. (4) Notwithstanding subrule (1), the parts of the appeal book may be divided by numbered tabs if the pages within the tabs are consecutively numbered. (5) The Registrar may refuse to accept an appeal book that does not comply with these rules or is not legible, and in that case the appeal book shall not be filed without a direction from a judge.
Criminal Appeal Rules — 15
15 Where the appellant is not represented by counsel, the Registrar may require the Attorney General to prepare an appeal book.
Criminal Appeal Rules — 16
d the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines, except for quotations which may be single spaced, and margins of approximately forty millimetres on the left-hand side. (8) The characters used shall be of at least 12 point or 10 pitch size. (9) Back sheets and covers shall be of 176g/m 2 cover stock. (10) The Registrar may refuse to accept a factum which does not comply with these rules, and in that case, the factum shall not be filed without a direction from a judge.
Criminal Appeal Rules — 17
17 (1) In an appeal from sentence only, the factum of the appellant, other than the Attorney General, shall be in Form D. (2) Where the Attorney General is the appellant, such changes shall be made in the form of the factum as are required. (3) On the hearing of an appeal from sentence only, the appellant shall be limited to fifteen minutes for the presentation of oral argument and the respondent to ten minutes. (4) The appellant shall be allowed five minutes to reply. (5) In cases of unusual difficulty the panel hearing the appeal may enlarge these time limits as required.
Criminal Appeal Rules — 18
18 (1) Except in an inmate appeal, the appellant shall serve on every other party to the appeal and any person entitled by statute or an order of the court to be heard upon the appeal, one copy of the appeal book, one copy of the transcript and one copy of the appellant’s factum and immediately thereafter shall file with the Registrar proof of service of the appeal book, the transcript and the factum and, (a) in appeals directed to be heard by five judges, five copies of the appeal book and six copies of the appellant’s factum; and (b) in all other appeals, three copies of the appeal book and four copies of the appellant’s factum. Certificate of perfection (2) The appellant shall file with the Registrar two copies of a certificate of perfection stating, (a) that the appeal book, transcript and appellant’s factum have been served and filed; (b) that the transcript is complete; (c) the estimated total length of time for oral argument; and (d) the name, address and telephone number of the solicitor for each party to the appeal, unless the respondent is the Attorney General, and of any person entitled by statute or an order to be heard on the appeal, or where a party or person acts in person, his or her name, address for service and telephone number. Time for perfection (3) Except in 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) and an appeal from sentence only, the appellant shall perfect the appeal by complying with subrules (1) and (2) within ninety days after the transcript has been delivered to the Court of Appeal or such longer period as is permitted by a judge or the Registrar. (4) In the case of 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) and an appeal from sentence only, the appellant shall perfect the appeal by complying with subrules (1) and (2), (a) where no transcript of evidence other than that filed in the proceedings below is required for the appeal, within sixty days after filing the notice of appeal or such longer period as is permitted by a judge or the Registrar; (b) where a transcript of evidence is required for the appeal, within thirty days after the transcript has been delivered to the Court of Appeal or such longer period as is permitted by a judge or the Registrar; or (c) where an agreed statement of facts is required under subrule 8(12), within sixty days after the transcript has been delivered to the Court of Appeal or such longer period as is permitted by a judge or the Registrar.
Criminal Appeal Rules — 19
19 The Registrar or any party to the appeal may, on notice, make a motion to a judge for directions in respect of the conduct of the appeal.
Criminal Appeal Rules — 20
20 (1) Where an appellant has not perfected an appeal within the time limits set out in rule 18, the Registrar may serve notice on the appellant and counsel for the appellant that the appeal may be placed before the Court of Appeal to be dismissed as an abandoned appeal unless the appeal is perfected within ten days after the service of the notice. Notice of intent to have appeal dismissed (2) Where an appellant has not perfected an appeal within the time limits set out in rule 18, the respondent, on notice to the appellant and counsel for the appellant, may request the Registrar to have the appeal placed before the Court of Appeal to be dealt with in accordance with subrule (1), or may move before a judge for directions. Powers of Court (3) The Court of Appeal in considering an appeal referred to it under subrule (1) may, (a) dismiss the appeal as an abandoned appeal; (b) if the appellant was granted release from custody pending the appeal, revoke the release order and direct that a warrant issue for the arrest of the appellant; (c) permit the appeal to remain on the list of pending appeals upon such conditions, if any, as the court considers fit, including conditions respecting the time limits for filing the transcript, the factum and the appeal book. Service of copy of order (4) The Registrar shall serve the appellant with a copy of any order or direction made or given under subrule (3). Manner of service (5) Unless a judge otherwise orders, service of a notice on the appellant and counsel under this rule shall be by prepaid registered mail to the addresses as set out in the notice of appeal or as filed with the Registrar.
Criminal Appeal Rules — 21
21 (1) Subject to the direction of the Chief Justice of Ontario, the Associate Chief Justice of Ontario or a direction given by a judge as a term of an order made by him or her relating to the conduct of the appeal, the Registrar shall fix the day of the hearing of the appeal and notify counsel, or the party, as the case requires. Date not to be fixed until appeal perfected (2) Unless ordered by a judge or the Registrar, an appeal shall be listed for hearing only after being perfected in compliance with rule 18. Date for filing respondent’s factum (3) The respondent’s factum shall be served and filed not later than ten days before the week in which the appeal is to be heard. Appeals may be scheduled in afternoon (4) In scheduling appeals, the Registrar, where appropriate, may prepare separate lists for the morning and for the afternoon. Duty on appellant to perfect appeal and obtain date (5) Where the appellant has been granted release from custody pending appeal, the appellant or counsel on his or her behalf shall take all practicable steps to obtain a date for the hearing of the appeal which precedes the date on which the appellant is required to surrender into custody.
Criminal Appeal Rules — 22
22 (1) Books of authorities shall be filed no later than Thursday in the week before the week in which the appeal is scheduled to be heard. Only authorities to be referred to included (2) The book of authorities shall contain only those authorities intended to be referred to in oral argument. Marking of authorities (3) The authorities shall be marked to indicate those passages intended to be referred to in oral argument. Copies to be legible (4) The authorities shall be reproduced legibly. Duplication of authorities to be avoided (5) A party shall not duplicate authorities already filed with the court by another party. Colour of cover (6) The book of authorities shall be bound front and back in coloured stock of the same colour as the party’s factum.
Criminal Appeal Rules — 23
23 (1) Any person interested in an appeal between other parties may by leave of the court, the Chief Justice of Ontario or the Associate Chief Justice of Ontario, intervene in the appeal upon such terms and conditions and with such rights and privileges as the court, the Chief Justice or the Associate Chief Justice determines. (2) The factum of the intervener shall be bound front and back in white coloured stock.
Criminal Appeal Rules — 24
24 (1) Where an appellant in an appeal that is not an inmate appeal indicates to the court that he or she desires to present the case on appeal and the argument in writing under subsection 688(3) of the Code, the appellant shall file an appeal book, transcript of evidence, if any, and all other material, except a factum, that would be required if the appeal were to be heard with oral argument, and file the written argument within thirty days after the material has been filed. Appeal to be considered initially by single judge (2) The material in the appeal shall be considered by a judge, who may give directions whether the Attorney General should be required to file written argument as respondent to the appeal and prescribe the times for doing so and for the filing of any reply in writing by the appellant. Procedure where judge considers appeal should be dismissed (3) If the judge considers that no written argument from the Attorney General is required, the judge shall prepare draft written reasons for dismissing the appeal, and the file shall then be referred to two members of the criminal panel. (4) If the two members of the criminal panel agree with the judge and sign the reasons for dismissal the appeal shall be dismissed and the reasons for dismissal shall be dealt with as if the reasons were a reserved judgment. Procedure where criminal panel requires argument from Crown (5) If one of the two members of the criminal panel considers that written submissions should be required from the Attorney General, directions in that respect shall be given in accordance with the provisions of subrule (2). (6) Where submissions have been required from the Attorney General, a copy of the submissions shall be transmitted to the appellant together with a notification that he or she may make written submissions in reply within fourteen days after receipt of the submissions of the Attorney General. (7) When the appellant’s submissions in reply have been received, or the time for submitting them has expired, the appeal shall be referred for disposition to a criminal panel, which shall give written reasons for judgment, to be dealt with as if the reasons were a reserved judgment. Criminal panel may require oral submissions (8) Notwithstanding subrule (7), the criminal panel considering the appeal under that subrule may direct that the appeal be listed for hearing, and give notice to the appellant that he or she may attend and make oral submissions. Service (9) Unless a judge otherwise orders, service of a notice on the appellant under this rule shall be by ordinary mail to the address as set out in the notice of appeal or as filed with the Registrar.
Criminal Appeal Rules — 25
25 (1) The senior official of a penal or reform institution shall supply to any inmate in his or her custody, upon request, a form of notice of appeal in Form A. Transmittal of documents (2) The senior official shall transmit to the Registrar any notice of appeal served upon him or her, and shall forthwith deliver to the inmate concerned any documents that are transmitted to the inmate by the Registrar, and shall inform the Registrar of having done so. Preparation of appeal book by Attorney General (3) Where an inmate appeal is directed to be listed for hearing, the Registrar shall request the Attorney General to prepare appeal books for the use of the court and the appellant which shall contain, (a) a table of contents; (b) the notice of appeal; (c) the report of the trial judge; (d) the information or indictment; (e) all exhibits capable of reproduction; (f) the order granting leave to appeal, if any; (g) where the appeal is or includes an appeal against sentence, the pre-sentence report, if any, and the criminal record of the accused, if any; (h) the transcript of the reasons for judgment in respect of conviction and sentence; (i) in case of a trial by judge and jury, the trial judge’s charge to the jury, the objections to the charge, if any; and (j) any questions from the jury and the answers thereto. Registrar may excuse compliance (4) The Registrar may, in writing, in an appropriate case, excuse the Attorney General from complying with the requirements of subrule (3), or any of them. Attorney General to provide copies of appeal books (5) The Attorney General shall mail one copy of the appeal book to the appellant and file three copies of the appeal book with the Registrar.