GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 117
Time and place of appeal 117 (1) No time or place for the hearing of the appeal need be stated in the notice of appeal. (2) When the appeal court has received the material required to be transmitted by the trial court pursuant to subsection 821(1) of the Code and a transcript of the evidence or when four months has elapsed since a notice of appeal was filed, whichever first occurs, the Clerk shall enter the appeal on a general criminal list to be spoken to. (3) The general criminal list shall be called by a judge in chambers at a time and place specified in advance by the appeal court. (4) Counsel for each party, or their agents, shall appear at the time and place specified by the appeal court under subrule (3) and shall be fully instructed so as to speak to the progress of the appeal. (5) Where counsel for each party concur in a written request, an appeal may be set for hearing by the Clerk in accordance with the usual practice of the appeal court. (6) At any time after four months from the day on which a notice of appeal was filed, the appeal court may, on the application of a party or on its own motion, dismiss the appeal for want of prosecution.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 118
Factum of appellant 118 The appellant shall, not less than 14 days before the day fixed for the hearing of the appeal, file with the Clerk and serve on the respondent a factum containing the following: (a) a succinct outline of the argument the appellant intends to make with particular reference to the evidence to be discussed in relation to the grounds of appeal; (b) a concise statement of the principles of law that are relied on; (c) a copy of relevant statutory provisions and case authorities; and (d) the relief or order sought.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 119
Factum of respondent 119 The respondent shall, not less than seven days before the date set for the hearing of the appeal, file with the Clerk and serve on the appellant a factum containing, on behalf of the respondent, the succinct outline of the argument, statements and copies referred to in subrules 118(a) to (d).
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 120
Where party does not wish to appear 120 A party who does not wish to be present on the hearing of the appeal, either in person or by counsel, shall file with the appeal court, before the day fixed for the hearing, a document (a) stating that he or she does not wish to be present on the hearing; and (b) setting out his or her argument on appeal.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 121
Failure to appear, file factum 121 (1) The appeal court may dismiss an appeal for want of prosecution where the appellant fails (a) to appear personally or by counsel on the day fixed for the hearing; or (b) to file a factum. (2) Where a respondent fails to file a factum or to appear personally or by counsel on the day fixed for the hearing, the appeal court may proceed with the appeal in the absence of the respondent.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 122
Abandoning appeal 122 (1) An appellant who wishes to abandon the appeal shall forthwith file with the appeal court a notice of abandonment in Form 2 of the schedule that is (a) signed by the solicitor of record for the appellant; or (b) signed by the appellant personally, and (i) accompanied by an affidavit of execution verifying the signature, or (ii) witnessed by an officer of the institution in which the appellant may be confined. (2) On the filing of a notice of abandonment, the Clerk shall forthwith cause a copy of the notice to be delivered to the respondent by prepaid mail at the address for service for the respondent that is on file with the appeal court or in such other manner as a judge may order. (3) On compliance with subrules (1) and (2), the appeal court may dismiss the appeal as an abandoned appeal without the attendance of the parties or their counsel.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 123
Application for trial de novo 123 (1) An application under subsection 822(4) of the Code for a trial de novo shall be made by notice of motion in Form 1 of the schedule before a date for the hearing of the appeal has been fixed. (2) Not less than seven days notice of an application referred to in subrule (1) shall be given to the opposite party in the manner specified in rule 112. (3) Where an appellant entered a guilty plea before the trial court and is appealing the conviction, the appeal court may direct a hearing on the preliminary point as to whether or not the appellant may withdraw the guilty plea, and the court hearing that point may, if it decides in favour of the appellant, give such directions as it considers just.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 124
Delivery of results of appeal to trial court 124 Immediately after the disposition of an appeal, the Clerk shall cause to be delivered to the trial court the results of the appeal including any written reasons or endorsements made by the judge.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 125
Prisoner appeals 125 (1) The Clerk shall provide a sufficient number of copies of this Part to each warden of a correctional centre in the Northwest Territories and each warden shall keep the copies provided and furnish a copy of this Part to any inmate of the correctional centre who asks for one. (2) Where notice of appeal is filed by an inmate of a correctional centre in the Northwest Territories personally, the Clerk shall immediately forward a copy of the notice to the director of the local legal aid programme and inquire as to whether counsel has been appointed on behalf of the appellant for the purpose of presenting an appeal. (3) After the expiry of four months from the day the notice of appeal was filed by an inmate in a correctional centre, if no further steps have been taken to prepare the appeal for hearing, the Clerk shall write to the appellant, at the address given in the notice of appeal, directing the appellant to advise in writing, within a specified period, whether he or she wishes to pursue the appeal. (4) Where the Clerk does not receive a response from an appellant under subrule (3) within the period specified or receives a response advising that the appellant does not wish to pursue the appeal, the appeal court may dismiss the appeal as an abandoned appeal. (5) On the determination of a hearing date for an appeal filed by an inmate of a correctional centre personally, the Clerk shall send notice of the date in writing to the appellant at the address given in the notice of appeal.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 126
Costs 126 The costs of all proceedings on a summary conviction appeal, whether for or against the Crown as appellant or respondent, are in the discretion of the appeal court.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 127
Notice of change 127 A solicitor who assumes the representation of an accused who was previously either unrepresented or represented by another solicitor shall immediately file a notice to that effect with the Court and serve a copy of the notice on the prosecutor.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 128
Removal of solicitor from record 128 (1) A solicitor of record for an accused shall act as and remain the solicitor for his or her client until an order removing the solicitor from the record has been made by a judge or a new solicitor has filed a notice pursuant to rule 127. (2) An order removing a solicitor from the record may be made on the application of the solicitor on notice to his or her client and to the prosecutor. (3) Notice on the client of an application under subrule (2) may be served by mail addressed to the client at his or her last known address. (4) A copy of the order removing a solicitor from the record shall be served by the solicitor on the client by mail addressed to the client at his or her last known address. (5) This rule applies whether the solicitor decides to cease acting on behalf of a client or the client terminates the solicitor’s retainer.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 129
Photographs, recording, broadcasting in court room 129 The taking of photographs in the court room during the progress of the judicial proceedings, the private recording of a proceeding by way of any recording or transmission device and the radio or television broadcasting of judicial proceedings from the court room is not permitted, except by authority of the Chief Justice.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 130
R.C.M.P. dress 130 Unless otherwise directed by the presiding judge, (a) a member of the R.C.M.P. attending a court proceeding and sitting at counsel table with the prosecutor shall be dressed in formal red serge uniform and without a sidearm; and (b) a member of the R.C.M.P. attending as a witness shall be dressed in formal red serge uniform or a business suit and attend without a sidearm.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 131
Reference to time 131 Any reference to time in these Rules must be interpreted in accordance with section 27 of the Interpretation Act , chapter I-21 of the Revised Statutes of Canada, 1985.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 132
Enlarging, abridging time 132 (1) The Court may by order enlarge or abridge the time appointed by these Rules for the doing of any act or taking of any proceeding on such terms as the Court considers just. (2) An application for an order enlarging the time appointed by a Rule may be made before or after the expiration of the time appointed. (3) The time appointed by these Rules for serving, filing or delivering a document may be enlarged or abridged by consent of the parties in writing endorsed on the relevant document, without an application to the Court, or in such other form as a judge may direct.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 133
Failure to comply with Rules 133 (1) A failure to comply with these Rules is an irregularity and does not in itself render a proceeding or an act, document or order in a proceeding a nullity. (2) Where such a failure occurs, the Court, (a) may grant all necessary amendments or other relief, on such terms as the Court considers just, to secure the just determination of the real matters in dispute; or (b) only where and as the Court considers necessary in the interests of justice, may set aside the proceeding or act, document or order in the proceeding in whole or in part. (3) An application to set aside any proceeding or act for irregularity must be made within a reasonable time.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 134
Dispensing with compliance of rule 134 The Court may, where it considers it necessary in the interests of justice, dispense with compliance with any rule at any time.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 135
Correction of mistakes, etc. 135 A clerical mistake, or an error arising from oversight or omission, in a judgment, order or other part of a record may be corrected by the Court at any time and after such notice as the Court may order.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 136
Marking of exhibits 136 (1) An exhibit filed on a hearing or trial must be dated, numbered and marked to indicate the parties involved, whose property it is and by whom it is filed. (2) The Clerk shall enter in a procedure book a list of each exhibit, briefly describing the exhibit and stating by whom it is filed.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 137
Return of exhibit 137 (1) An exhibit at a trial may be delivered to the party whose property it is (a) at any time after the trial, on the consent of the opposite party; or (b) at any time after the time for appeal has expired if no notice of appeal has been given, by order given at the end of the trial in court or on notice to the opposite party. (2) Where an application for the return of an exhibit has not been made within two years after the last day of trial or, if an appeal has been taken, within two years after the conclusion of the appeal, the Clerk may serve notice on the prosecutor and solicitor for the accused stating that, unless such an application is made within three months after the notice is sent, the Clerk will destroy or otherwise dispose of the exhibit. (3) Where it is made to appear to the Court that service of a notice under subrule (2) cannot be effected, the Court may order substitutional service or may dispense with service. (4) Unless an application is made for the return of an exhibit in accordance with subrule (2), the Clerk may, on an ex parte basis, apply for an order and a judge may make an order requiring the Clerk to destroy or otherwise dispose of the exhibit. (5) The Clerk shall destroy or otherwise dispose of an exhibit in accordance with an order made under subrule (4).
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 138
Practice directions 138 The judges of the Court, acting as a body, may from time to time issue practice directions not inconsistent with these Rules, and such practice directions shall apply to the same extent as these Rules.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 139
Transitional 139 These Rules apply to proceedings commenced before these Rules come into force.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 140
Repeal 140 The following rules are hereby repealed: (a) Rules as to Cases Stated under Section 762 of the Criminal Code and Rules Pursuant to Section 438 of the Criminal Code with Respect to Mandamus, Certiorari, Habeas Corpus and Prohibition , registered as instrument numbered SI/74-119; (b) Summary Conviction Appeal Rules of the Supreme Court of the Northwest Territories , registered as instrument numbered SOR/78-200; and (c) Northwest Territories Supreme Court Rules Respecting Pre-Trial Conferences , registered as instrument numbered SI/86-86.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 141
Coming into force 141 These Rules come into force on July 1, 1998.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
( Indicate whether Applicant or Respondent )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
( Accused’s full name as it appears on the information or indictment )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
TAKE NOTICE that an application will be brought on ( month, day, year ) at a.m. (or p.m.) at ( specify address of court house ) , for an order granting ( set out relief sought ).
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
THE GROUNDS FOR THIS APPLICATION ARE: 1 That 2 That 3 Such further and other grounds as counsel may advise and this Honourable Court may permit.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 3
3 Such further and other grounds as counsel may advise and this Honourable Court may permit.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING: 1 ( Set out documents such as transcripts, etc., on which the Applicant relies )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
1 ( Set out documents such as transcripts, etc., on which the Applicant relies )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
THE RELIEF SOUGHT IS: 1 An Order allowing the application and granting ( indicate particular relief sought ).
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
1 An Order allowing the application and granting ( indicate particular relief sought ).
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
( Indicate whether Applicant, Appellant or Respondent )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
TAKE NOTICE that the Applicant (or Appellant) hereby wholly abandons his (or her or its) application for (or appeal against): ( Indicate (a) the nature of the order and relief sought, in the case of an application; (b) the conviction, order or sentence, in the case of an appeal instituted under subparagraph 813(a)(i) or (ii) of the Criminal Code ; (c) the order staying proceedings on or dismissing an information or against sentence, in the case of an appeal instituted under subparagraph 813(b)(i) or (ii) of the Criminal Code ; (d) the verdict, in the case of an appeal instituted under subparagraph 813(a)(iii) or (b)(iii) of the Criminal Code ; or (e) the conviction, judgment or verdict of acquittal or other final order or determination in the case of an appeal instituted under paragraph 830(1) of the Criminal Code . )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
( Indicate (a) the nature of the order and relief sought, in the case of an application; (b) the conviction, order or sentence, in the case of an appeal instituted under subparagraph 813(a)(i) or (ii) of the Criminal Code ; (c) the order staying proceedings on or dismissing an information or against sentence, in the case of an appeal instituted under subparagraph 813(b)(i) or (ii) of the Criminal Code ; (d) the verdict, in the case of an appeal instituted under subparagraph 813(a)(iii) or (b)(iii) of the Criminal Code ; or (e) the conviction, judgment or verdict of acquittal or other final order or determination in the case of an appeal instituted under paragraph 830(1) of the Criminal Code . )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (a)
(a) the nature of the order and relief sought, in the case of an application;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (b)
(b) the conviction, order or sentence, in the case of an appeal instituted under subparagraph 813(a)(i) or (ii) of the Criminal Code ;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (c)
(c) the order staying proceedings on or dismissing an information or against sentence, in the case of an appeal instituted under subparagraph 813(b)(i) or (ii) of the Criminal Code ;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (d)
(d) the verdict, in the case of an appeal instituted under subparagraph 813(a)(iii) or (b)(iii) of the Criminal Code ; or
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (e)
(e) the conviction, judgment or verdict of acquittal or other final order or determination in the case of an appeal instituted under paragraph 830(1) of the Criminal Code . )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Name and address of Applicant, Appellant
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
Note: An affidavit of execution is required by subrules 30(1) and 122(1) of the Criminal Procedure Rules of the Supreme Court of the Northwest Territories where applicant or appellant signs notice personally.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
( Accused’s full name as it appears on information or indictment )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
UPON the application of the Applicant and upon hearing Counsel for the Applicant and Counsel for the Respondent;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
For offences NOT mentioned in section 522 of the Criminal Code , add: AND IT APPEARING THAT the Applicant was detained in custody by the Order of Honour Judge in the Territorial Court of the Northwest Territories, at ( place of detention ) , on ( month, day, year ) ; ( Set out, in full, the wording of each charge as it appears in the information or indictment )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
AND IT APPEARING THAT the Applicant was detained in custody by the Order of Honour Judge in the Territorial Court of the Northwest Territories, at ( place of detention ) , on ( month, day, year ) ;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
( Set out, in full, the wording of each charge as it appears in the information or indictment )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — Criminal Procedure Rules of the Supreme Court of the Northwest Territories
AND IT APPEARING THAT the Applicant is not required to be detained in custody in respect of any other matter;
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 1
1 GIVING AN UNDERTAKING WITHOUT CONDITIONS.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 2
2 GIVING AN UNDERTAKING WITH THE FOLLOWING CONDITIONS: (a) (b) ( Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code ) (c)
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (b)
(b) ( Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 3
3 ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ , but withoutdeposit of money or other valuable security.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 4
4 ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ , but without deposit of money or other valuable security, with the following conditions: (a) (b) ( Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Code ) (c)
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — (b)
(b) ( Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Code )
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 5
5 ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ but without deposit of money or other valuable security.
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 6
6 ENTERING INTO A RECOGNIZANCE, with surety (or sureties), in the amount of $ but without deposit of money or other valuable security, with the following conditions: (a) (b) ( Set out applicable conditions mentioned in subsections 515(4) to (4.2) of the Criminal Code ) (c)
Criminal Procedure Rules of the Supreme Court of the Northwest Territories — 7
7 The prosecutor having consented, ENTERING INTO A RECOGNIZANCE, without sureties, in the amount of $ on the Applicant depositing that sum of money or other valuable security with the Clerk of the Supreme Court.