GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(5) If the accused is in custody, the court registry shall also advise the accused’s custodian by letter of the date, time and place of the conference and that the accused is required to be present.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(6) The purpose of the conference is to consider such matters as will promote a fair and expeditious trial.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(7) Unless otherwise ordered, the conference shall be conducted in chambers and there shall be a full and free discussion of the issues raised, without prejudice to the rights of the parties.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(8) The court registry shall ensure that a record of a pre-trial conference is made by means of a tape recording.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(9) Crown counsel shall have available at the conference the indictment or draft thereof to be preferred at the trial.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(10) The conference clerk shall record on the file any order made by the judge, as well as any special arrangements necessary for the conduct of the trial, such as for interpreters or electronic equipment.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(11) At the conference, counsel shall disclose to the presiding judge the nature and particulars of any preliminary motion that counsel intend to make.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(12) The presiding judge, in his or her discretion, may direct that the motion be reduced to writing and heard at such time prior to the date fixed for trial as the judge deems fit, or the judge may direct that the motion be heard at the outset of the trial.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(13) At the conference, counsel shall disclose to the presiding judge the nature and particulars of any matter that may arise in the course of the trial that would ordinarily be dealt with in the absence of the jury after it has been sworn, and the anticipated length of time the matter would require for hearing.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(14) The trial judge, in his or her discretion, may direct that the matter be dealt with before any juror on a panel of jurors is called, at such date and time as the judge deems fit, or may direct that the matter be dealt with in the absence of the jury after it has been sworn.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(15) The judge presiding over the conference may adjourn the conference from time to time as necessary and, in the case of an accused who is in custody, the court registry shall advise the accused’s custodian of the adjourned date and that the accused is required to be present.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(16) The judge presiding over the conference shall, upon its completion, endorse the indictment or a true copy thereof as to the date the conference was held.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(17) Nothing contained in Rule 5 shall preclude the court from conducting other informal pre-trial conferences in addition to the mandatory conference provided for in subsection 625.1(2) of the Code, on such terms as the court sees fit.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(18) The Chief Justice may issue such practice directions as may be required to give full force and effect to Rule 5. SI/99-107, s. 2
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(1) The following definitions apply in Rule 6. appeal means an appeal from a summary conviction court under Part XXVII of the Code. ( appel ) appeal court means the Supreme Court of British Columbia. ( cour d’appel ) clerk means the clerk of the appeal court. ( greffier ) judge means a judge of the appeal court. ( juge ) registrar includes the deputy registrar. ( registraire ) registry means an office of the appeal court in the judicial district nearest to the place where the trial was held. ( greffe )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
appeal means an appeal from a summary conviction court under Part XXVII of the Code. ( appel )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
appeal court means the Supreme Court of British Columbia. ( cour d’appel )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
clerk means the clerk of the appeal court. ( greffier )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
judge means a judge of the appeal court. ( juge )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
registrar includes the deputy registrar. ( registraire )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
registry means an office of the appeal court in the judicial district nearest to the place where the trial was held. ( greffe )
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(2) (a) A defendant who wishes to appeal shall, within 30 days after the pronouncement of the order under appeal, or within 30 days after the imposition of sentence where a sentence has been imposed, commence the appeal by filing in the registry six properly completed copies of a notice of appeal in Form 3 in accordance with the instructions on that form. (b) The defendant shall state the defendant’s address for service on the notice of appeal. (c) The clerk shall forward a copy of the notice of appeal to the prosecutor. (d) Filing in the registry constitutes service on the Attorney General of British Columbia.
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) The defendant shall state the defendant’s address for service on the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — (c)
(c) The clerk shall forward a copy of the notice of appeal to the prosecutor.
Criminal Rules of the Supreme Court of British Columbia — (d)
(d) Filing in the registry constitutes service on the Attorney General of British Columbia.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(3) If the prosecutor wishes to appeal, the prosecutor shall, within 30 days after the pronouncement of the order under appeal, (a) file in the registry six properly completed copies of a notice of appeal in Form 4 in accordance with the instructions on that form; (b) serve the defendant with the notice, either before or after it is filed; and (c) state the prosecutor’s address for service on the notice.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) file in the registry six properly completed copies of a notice of appeal in Form 4 in accordance with the instructions on that form;
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) serve the defendant with the notice, either before or after it is filed; and
Criminal Rules of the Supreme Court of British Columbia — (c)
(c) state the prosecutor’s address for service on the notice.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(4) (a) The prosecutor must serve the defendant personally by leaving a copy of the notice of appeal with the defendant. (b) The prosecutor shall file proof of service with the clerk. (c) If the prosecutor is unable to serve the notice of appeal on the defendant personally, the prosecutor may apply ex parte to a judge of the appeal court for an order to serve the defendant in the manner that the appeal court directs. (d) The appeal court may order substituted service if it is satisfied that the defendant is evading service. (e) Where the prosecutor serves the notice of appeal in accordance with an order for substituted service, the defendant is deemed to be served with the notice of appeal. (f) On the application of the defendant or prosecutor, the appeal court may (i) set aside or vary an order for substituted service as the appeal court considers just; and (ii) make any order respecting service of the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) The prosecutor shall file proof of service with the clerk.
Criminal Rules of the Supreme Court of British Columbia — (c)
(c) If the prosecutor is unable to serve the notice of appeal on the defendant personally, the prosecutor may apply ex parte to a judge of the appeal court for an order to serve the defendant in the manner that the appeal court directs.
Criminal Rules of the Supreme Court of British Columbia — (d)
(d) The appeal court may order substituted service if it is satisfied that the defendant is evading service.
Criminal Rules of the Supreme Court of British Columbia — (e)
(e) Where the prosecutor serves the notice of appeal in accordance with an order for substituted service, the defendant is deemed to be served with the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — (f)
(f) On the application of the defendant or prosecutor, the appeal court may
Criminal Rules of the Supreme Court of British Columbia — (i)
(i) set aside or vary an order for substituted service as the appeal court considers just; and
Criminal Rules of the Supreme Court of British Columbia — (ii)
(ii) make any order respecting service of the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(5) Within 14 days after serving the notice of appeal, the appellant shall furnish to the registrar proof, satisfactory to the registrar, that transcripts of the required material have been ordered.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(6) Subrule (5) does not apply if the appellant has applied under subrule (8) for a trial de novo .
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(7) Unless the appeal court otherwise orders, or an agreed statement of facts has been filed pursuant to subsection 830(2) of the Code, the appellant shall (a) where an appeal is against an order other than sentence, within 45 days after serving the notice of appeal, file (i) the original and one copy of the transcript of evidence, and (ii) the reasons for judgment from the summary conviction court, and deliver one copy to the respondent; (b) where the appeal is against sentence, within 30 days after serving the notice of appeal, file (i) the transcript of evidence, if any, on the sentencing proceedings, (ii) submissions of the prosecution and the defence as to sentence, (iii) the reasons for sentence, and deliver one copy to the respondent; and (c) where the appeal is against both sentence and an order other than sentence, file and serve the respondent with the material referred to in paragraphs (a) and (b) within 45 days after serving the respondent with the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) where an appeal is against an order other than sentence, within 45 days after serving the notice of appeal, file (i) the original and one copy of the transcript of evidence, and (ii) the reasons for judgment from the summary conviction court, and deliver one copy to the respondent;
Criminal Rules of the Supreme Court of British Columbia — (i)
(i) the original and one copy of the transcript of evidence, and
Criminal Rules of the Supreme Court of British Columbia — (ii)
(ii) the reasons for judgment from the summary conviction court,
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) where the appeal is against sentence, within 30 days after serving the notice of appeal, file (i) the transcript of evidence, if any, on the sentencing proceedings, (ii) submissions of the prosecution and the defence as to sentence, (iii) the reasons for sentence, and deliver one copy to the respondent; and
Criminal Rules of the Supreme Court of British Columbia — (i)
(i) the transcript of evidence, if any, on the sentencing proceedings,
Criminal Rules of the Supreme Court of British Columbia — (ii)
(ii) submissions of the prosecution and the defence as to sentence,
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
and deliver one copy to the respondent; and
Criminal Rules of the Supreme Court of British Columbia — (c)
(c) where the appeal is against both sentence and an order other than sentence, file and serve the respondent with the material referred to in paragraphs (a) and (b) within 45 days after serving the respondent with the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(8) (a) An appellant who wishes to make an application for a trial de novo under subsection 822(4) of the Code must submit a notice of application to the appeal court within 30 days after serving the notice of appeal. (b) At least seven days prior to the hearing of the application, the applicant shall serve a copy of the notice of application and any supporting material on the opposite party.
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) At least seven days prior to the hearing of the application, the applicant shall serve a copy of the notice of application and any supporting material on the opposite party.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(9) On filing the notice of appeal, the appellant shall obtain a date for the hearing from the clerk.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(10) In the case of an appeal by the prosecutor, a notice of hearing shall be served on the defendant along with the notice of appeal. The prosecutor may obtain a date for hearing from the clerk prior to filing the notice of appeal.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(11) No date for hearing shall be obtained beyond six months after the date the notice of appeal is filed without leave of the appeal court.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(12) A judge of the appeal court may, at any time after the notice of appeal has been filed, direct that a pre-hearing conference be held.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(13) Where a direction is made for a pre-hearing conference, the parties or their counsel shall attend before a judge of the appeal court at the date, time and place directed to consider any matter that might expedite the appeal. Statement of Argument
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(14) Unless the appeal court otherwise orders, where the appeal is against an order other than sentence, the appellant shall, not later than 30 days before the hearing of the appeal, and the respondent shall, not later than 14 days before the hearing of the appeal, file two copies of a statement of argument in the registry and serve one copy on the opposite party.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(15) The appellant’s statement of argument must contain a concise outline of the circumstances and the relevant facts and a concise statement of the points of fact and law to be argued.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(16) The respondent’s statement of argument must (a) specify what portion of the appellant’s outline of circumstances and facts the respondent agrees with; (b) state the respondent’s version of the circumstances and facts where the respondent disagrees with the appellant’s version; (c) specify additional circumstances and relevant facts upon which the respondent will rely; (d) state the respondent’s position on those points of fact and law contained in the appellant’s statement; and (e) state any additional points of fact and law that the respondent wishes to argue.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) specify what portion of the appellant’s outline of circumstances and facts the respondent agrees with;
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) state the respondent’s version of the circumstances and facts where the respondent disagrees with the appellant’s version;
Criminal Rules of the Supreme Court of British Columbia — (c)
(c) specify additional circumstances and relevant facts upon which the respondent will rely;
Criminal Rules of the Supreme Court of British Columbia — (d)
(d) state the respondent’s position on those points of fact and law contained in the appellant’s statement; and
Criminal Rules of the Supreme Court of British Columbia — (e)
(e) state any additional points of fact and law that the respondent wishes to argue.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(17) Each statement of argument shall include appropriate references to the transcript and the authorities relied on.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(18) The statement of argument must be in paragraphs that are numbered consecutively and must not exceed 20 pages in length on 8½ inch x 11 inch paper, double-spaced.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(19) A statement of argument is not required where (a) the appellant or respondent is not represented by counsel; or (b) an order for a trial de novo has been made following an application under subrule (8).
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) the appellant or respondent is not represented by counsel; or
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) an order for a trial de novo has been made following an application under subrule (8).
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(20) Where the appellant fails to (a) pursue the appeal diligently, or (b) comply with Rule 6, the respondent may apply to the appeal court for an order that the appeal be dismissed.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
the respondent may apply to the appeal court for an order that the appeal be dismissed.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(21) Where the registrar considers that the appellant has not pursued the appeal diligently or has not complied with Rule 6, the registrar may refer the matter to the appeal court.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(22) On an application under subrule (20) or a reference under subrule (21), the appeal court may dismiss the appeal or make any other order it considers just.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(23) Where the registrar makes a reference under subrule (21), the registrar shall serve the appellant and the respondent with 14 days notice of the date, time and place of the reference, by mailing the notice to each party’s address for service.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(24) An appellant may abandon an appeal by (a) signing and filing a notice in Form 5; or (b) informing the appeal court in person or by counsel that the appeal is abandoned.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) signing and filing a notice in Form 5; or
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) informing the appeal court in person or by counsel that the appeal is abandoned.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(25) Any judge of the appeal court may, on application in Form 6, only where and as necessary in the interests of justice, extend or shorten the time provided in Rule 6 for the giving of any notice or the doing of any act, notwithstanding that an application for extension or an order granting an extension is made after the time has expired.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(26) An appellant who is represented by counsel and who wishes to apply for release, a stay of a probation order or a stay of a driving prohibition must file in the registry (a) a notice of application in Form 7; and (b) an affidavit verifying the facts on which the appellant relies in support of the application.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) a notice of application in Form 7; and
Criminal Rules of the Supreme Court of British Columbia — (b)
(b) an affidavit verifying the facts on which the appellant relies in support of the application.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(27) The appellant may file with the application any other material that the appellant considers relevant to the application.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(28) On filing an application under subrule (26), the appellant shall serve the application and accompanying material on the prosecutor.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(29) An appellant who is not represented by counsel and who wishes to apply for release, a stay of a probation order or a stay of a driving prohibition may make the application in writing or in the appeal court in person.
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(30) An appellant who elects to make an application in writing must file in the registry the documents referred to in subrule (26).
Criminal Rules of the Supreme Court of British Columbia — Criminal Rules of the Supreme Court of British Columbia
(31) Where an appellant makes an application in writing, the clerk shall (a) forward a copy of the material to the prosecutor; (b) obtain a date for the hearing of the application not later than three days after receiving the material from the appellant; and (c) notify the appellant and respondent of the hearing date.
Criminal Rules of the Supreme Court of British Columbia — (a)
(a) forward a copy of the material to the prosecutor;