GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Manitoba Criminal Appeal Rules — 14
14 The presiding trial judge, or a trial judge of the court in which a person is tried, may, during or after the trial, make a special order as to the custody or conditional release of a document, exhibit or other thing produced at the trial as the circumstances or their nature make desirable and proper, including an order that narcotics under the Narcotic Control Act (Canada) or restricted or controlled drugs under the Food and Drugs Act (Canada) and regulations be released to the custody of police officers to be held by them pending a possible appeal.
Manitoba Criminal Appeal Rules — 15
15 The presiding trial judge, or a trial judge of the court in which a person was tried, may, after the trial, with the written consent, whether absolute or on terms, of counsel for the Crown and counsel for the accused, or the accused personally if he or she is unrepresented, release a document, exhibit or other thing produced at the trial to the person who produced it.
Manitoba Criminal Appeal Rules — 16
16 Where an initiating document is filed, a trial judge who, after a conviction, made an order for restitution, reimbursement, satisfaction or compensation for loss or damage, (a) shall make such further order as is appropriate to secure the safe custody of property or money referred to in any such order while the operation of the order is suspended under the Criminal Code (Canada) pending appeal; and (b) may stay a prior order for restitution, reimbursement, satisfaction or compensation for loss or damage.
Manitoba Criminal Appeal Rules — 17
17 (1) On receiving a copy of an initiating document from the registrar under subrule 5(2) or 6(2), the trial court or summary conviction appeal court shall send to the registrar the court file together with all related documents, exhibits and other things that are in the control of the trial court or summary conviction appeal court. 17 (2) Anything that is delivered to the court under subrule (1) shall be held in safekeeping under the direction of the registrar pending proceedings in the court, but the registrar may continue to store exhibits in space designated for that purpose by the Court of Queen’s Bench or the Provincial Court.
Manitoba Criminal Appeal Rules — 18
18 (1) In cases involving an appeal as to acquittal or conviction, the Attorney General shall prepare and file an appeal book with the registrar (a) within 30 days after the initiating document is filed, or as soon thereafter as practicable, if the Crown is the appellant; or (b) within 30 days after the factum is filed by the appellant, or as soon thereafter as practicable, if the Crown is the respondent. 18 (1.1) In cases involving an appeal of a sentence only, the Attorney General shall prepare and file the appeal book as soon as practicable after the initiating document is filed. 18 (2) Where practicable, the Attorney General shall prepare and file with the registrar an appeal book in cases where an application for leave to appeal is made. 18 (3) The Attorney General shall, immediately after filing an appeal book with the registrar, (a) deliver a copy of the appeal book to the parties to the appeal or their counsel; or (b) send a copy of the appeal book to the parties or their counsel by regular lettermail at their last known addresses. 18 (4) The Attorney General shall have access, for the purpose of preparing an appeal book, to the court file and all documents, exhibits and other things that are delivered to the registrar under subrule 17(1). 18 (5) An appeal book shall contain (a) the initiating document; (b) written exhibits relevant to the appeal; (c) reasons for decision (whether or not contained in the transcript of evidence); (d) pre-sentence reports and other exhibits on a sentencing hearing; and (e) such other materials as may be necessary to enable the court to adjudicate the issues on appeal. 18 (6) Where the court proceeds with an appeal hearing on an expedited basis, the Attorney General shall, where practicable, prepare and file an appeal book before the appeal hearing. 18 (7) A party may file a supplementary appeal book containing materials relevant to the appeal that are omitted from the appeal book filed by the Attorney General. SI/2003-136, s. 6
Manitoba Criminal Appeal Rules — 19
19 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal, (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum. SI/2003-136, s. 7; SI/2010-40, s. 1
Manitoba Criminal Appeal Rules — 20
20 (1) Where the issue on appeal relates to conviction, conviction and sentence or acquittal, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal, (a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript at trial or, where a transcript is not required, the appeal book; and (b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after service on the respondent of the appellant’s factum. 20 (2) Where the court proceeds with an appeal hearing on an expedited basis the parties shall, where practicable, prepare and file their factums before the appeal hearing. SI/2003-136, s. 8
Manitoba Criminal Appeal Rules — 21
21 Except where the registrar has issued a notice under subrule 25(4), the time limit referred to in rule 19 or subrule 20(1) for filing an appellant’s factum or a respondent’s factum may be extended, either before or after the expiry of the applicable time limit, (a) by the registrar if a written request to do so is made before the expiry of the applicable time limit and all other parties consent; or (b) by a judge in chambers on a motion supported by an affidavit and with notice to all other parties. SI/2003-136, s. 9; SI/2010-40, s. 2
Manitoba Criminal Appeal Rules — 22
22 A factum filed under rule 19, 20 or 21 shall be prepared in accordance with the Court of Appeal Rules (Civil and Language) .
Manitoba Criminal Appeal Rules — 23
23 (1) A party that intends to rely on a case book shall file three copies with the registrar. 23 (2) The case book shall be filed (a) by an appellant, within 14 days after the appellant files a factum; (b) by a respondent, within 14 days after the respondent files a factum; or (c) by an appellant and respondent that intend to rely on a joint case book, within 14 days after the respondent files a factum. SI/2010-40, s. 3
Manitoba Criminal Appeal Rules — 24
24 A person who is unrepresented by legal counsel may file a written argument with the registrar at any time before the day fixed for the hearing but is entitled to a hearing without filing a written argument or a case book.
Manitoba Criminal Appeal Rules — 25
25 (1) The registrar shall fix the dates for court hearings and shall advise the parties of the dates. 25 (2) [Repealed, SI/2010-40, s. 4] 25 (3) Where the appellant’s factum is not filed within the time limits set out in these rules, the registrar or a judge may fix a date for hearing, and thereafter, the respondent shall have 30 days within which to file a factum. 25 (4) Where (a) the appellant’s factum is not filed within the time limits set out in these rules; (b) no extension of time has been sought under rule 21 within three months after the receipt by the registrar of the transcript or, where a transcript is not required, the appeal book; and (c) no date for a hearing has been set under subrule (3); the registrar shall notify counsel for the appellant, or the appellant, if unrepresented, that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned. SI/2003-136, s. 10; SI/2010-40, s. 4
Manitoba Criminal Appeal Rules — 26
26 Where an appeal hearing is dependent upon a consideration of a transcript of trial proceedings and (a) the transcript is not received by the registrar within four months after the initiating document is filed unless transcription services advises the registrar that the transcript has been ordered but will not be completed until a later date; or (b) it appears to the registrar that the transcript has not been ordered or will not be available; the registrar may notify the appellant that, unless the appeal is perfected in accordance with these rules within 30 days after the date of the notice, the appeal will be deemed to be abandoned. SI/2003-136, s. 11
Manitoba Criminal Appeal Rules — 27
27 Where the appellant or respondent obtains leave of the court to call further evidence at the hearing of the appeal, the attendance of a witness or the production of a document may be obtained in accordance with the applicable provisions in the Court of Queen’s Bench Rules , Manitoba Regulation 553/88, and all the provisions of those rules, so far as they are applicable, apply to the production of evidence on an appeal.
Manitoba Criminal Appeal Rules — 29
29 A judge in chambers may refer an application for leave to appeal to the court for determination either separately or in conjunction with a hearing of the appeal on its merits.
Manitoba Criminal Appeal Rules — 30
30 Where the court grants an application for leave to appeal, it may immediately hear the appeal on its merits or direct that the case be placed on the list for hearing at such future time as the court determines.
Manitoba Criminal Appeal Rules — 31
31 An application for judicial interim release pending appeal shall be made on no less than one clear day’s notice to the Attorney General unless the Attorney General agrees to a shorter period of notice.
Manitoba Criminal Appeal Rules — 32
32 On an application for judicial interim release, where oral evidence was taken at trial, the appellant shall satisfy the judge that he or she has complied with the requirements of Rule 11. SI/2003-136, s. 13
Manitoba Criminal Appeal Rules — 33
33 Where a judge determines that the appellant should be allowed judicial interim release on entering into a recognizance, the judge shall specify, in an order in Form 4 of the schedule, the amounts in which the appellant and his or her surety or sureties, if any, shall be bound on recognizance, and shall specify such conditions as may be appropriate, such as a date before which the hearing must be held. SI/2003-136, s. 13
Manitoba Criminal Appeal Rules — 34
34 (1) A recognizance ordered under rule 33 shall be in Form 5 or 6 of the schedule and may be declared before the registrar, who shall, subject to subrule (2), satisfy himself or herself as to its sufficiency. 34 (2) Where Crown counsel advises that the Crown is satisfied as to the sufficiency of a recognizance, no further inquiry by the registrar is required. SI/2003-136, s. 14
Manitoba Criminal Appeal Rules — 35
35 (1) The recognizances of an appellant and of his or her surety or sureties, if any, shall be filed with the registrar, who shall without delay, in Form 7 of the schedule, notify the warden, superintendent or jailer of the correctional institution in which the appellant is confined of the granting of judicial interim release and of the right of the appellant to be released from custody unless the appellant is detained for some other cause. 35 (2) A notice under subrule (1), when received by the warden, superintendent or gaoler, is sufficient authority for him or her to release the appellant from custody. SI/2003-136, s. 15
Manitoba Criminal Appeal Rules — 36
36 (1) A surety who suspects that an appellant is about to depart from the province contrary to a condition of the appellant’s recognizance or to fail to observe any other condition of the recognizance, may apply to the registrar for termination of his or her obligations as surety. 36 (2) Where the obligations of a surety are terminated under subrule (1), the registrar shall issue a warrant for the apprehension of the appellant.
Manitoba Criminal Appeal Rules — 37
37 An appellant who is apprehended under a warrant issued under rule 36 shall be taken before a judge who shall, on verification of the information laid, commit the appellant to a correctional institution.
Manitoba Criminal Appeal Rules — 38
38 At any time after an appellant is granted judicial interim release, a judge may, if he or she is satisfied that it is in the interests of justice to do so, revoke the order allowing judicial interim release, issue a warrant for apprehension of the appellant and order the appellant to be committed.
Manitoba Criminal Appeal Rules — 39
39 Where a judge orders an appellant to be committed under rule 37 or 38, the registrar shall without delay notify the Attorney General of the order of committal.
Manitoba Criminal Appeal Rules — 40
40 Nothing in these rules affects the right of a surety to apprehend and surrender into custody an appellant for whose appearance the surety is bound.
Manitoba Criminal Appeal Rules — 41
41 On a breach of recognizance by an appellant, a judge, after a hearing with notice to the sureties, may order the recognizances of the appellant and of the sureties to be estreated.
Manitoba Criminal Appeal Rules — 42
42 Non-compliance with these rules does not render a proceeding void, but where non-compliance occurs, the court may give such direction or make such order as it considers appropriate to give effect to the intent of these rules.
Manitoba Criminal Appeal Rules — 43
43 The time limits set by statute or by these rules may, subject to the statute, be extended by the court or a judge of the court either before or after the expiry of the time limits.
Manitoba Criminal Appeal Rules — 43.1
43.1 Rule 43 does not apply to the time limits for filing an appellant’s factum or a respondent’s factum, which may be extended only in accordance with rule 21. SI/2010-40, s. 5
Manitoba Criminal Appeal Rules — 44
44 Where, in a trial proceeding that becomes the subject matter of appeal, intervenors have participated in accordance with The Constitutional Questions Act , the initiating document shall be delivered to the intervenors and they are entitled to participate in the same manner as the respondent.
Manitoba Criminal Appeal Rules — 45
45 In matters not provided for in these rules, the Court of Appeal Rules, (Civil and Language) , with necessary modifications, apply wherever they are applicable.
Manitoba Criminal Appeal Rules — 46
46 The Manitoba Criminal Appeal Rules , Regulation SI/89-55, made under the Criminal Code (Canada), are repealed.
Manitoba Criminal Appeal Rules — 47
47 This regulation comes into force on July 1, 1992. May 1, 1992 THE COURT OF APPEAL: R.J. SCOTT  C.J.M. J.F. O’SULLIVAN   J.A. C.R. HUBAND   J.A. A.R. PHILP   J.A. A.K. TWADDLE   J.A. S.R. LYON   J.A. B.M. HELPER   J.A.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
May 1, 1992 THE COURT OF APPEAL: R.J. SCOTT  C.J.M. J.F. O’SULLIVAN   J.A. C.R. HUBAND   J.A. A.R. PHILP   J.A. A.K. TWADDLE   J.A. S.R. LYON   J.A. B.M. HELPER   J.A.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
IN THE MATTER OF (name of accused in full) (D.O.B. D/M/Y) convicted (or pleaded guilty) on the day of 20 , of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre) , and was sentenced on the day of 20 before (name of judge) at the (name of court) in (court centre) , and now in custody at (name of institution or penitentiary) or whose last known address is:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The accused intends to (appeal or apply for leave to appeal) to The Court of Appeal against the (conviction and/or sentence) on the following grounds:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
And such further grounds as counsel may advise and This Honourable Court may permit.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The accused wishes to present his/her case and argument (in writing or by oral argument)
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The accused (desires or does not desire) to be present in person at the hearing of the appeal.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
WAS ORAL EVIDENCE TENDERED AT TRIAL?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
HAS A TRANSCRIPT OF THE EVIDENCE WITH RESPECT TO CONVICTION AND/OR SENTENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
HAS A COURT ORDER OR LEGISLATION IMPOSED A PUBLICATION BAN IN RELATION TO THE TRIAL OR OTHER PROCEEDING THAT IS THE SUBJECT OF THE APPEAL?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE PUBLICATION BAN:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
HAS ACCESS TO THE COURT FILE BEEN RESTRICTED BY COURT ORDER OR LEGISLATION?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
IF YES, ATTACH A COPY OF THE ORDER IF AVAILABLE OR PROVIDE DETAILS ON THE RESTRICTION TO THE COURT FILE:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
Address for service for the accused is (Address of accused or counsel for accused)
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
DATED this day of , 20 Signature of accused or counsel for accused
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
Signature of accused or counsel for accused
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
IN THE MATTER OF (name of accused in full) (D.O.B. D/M/Y) acquitted on the day of 20 , of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre)
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the acquittal of the accused on the following grounds:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The Court will be asked to reverse the acquittal and
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The address for service of the Attorney General is:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
DATED this day of , 20 . Signature of counsel
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
IN THE MATTER OF (name of accused in full) (D.O.B. D/M/Y) convicted (or pleaded guilty) on the day of , 20 , of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre) , and was sentenced on the day of , 20 before (name of judge) at the (name of Court) in (court centre) , and now in custody at (name of institution or penitentiary)
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The Attorney General of the Province of Manitoba/The Attorney General of Canada, (appeals or applies for leave to appeal) to The Court of Appeal against the sentence imposed on the accused on the following grounds:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
And such further grounds as counsel may advise and This Honourable Court may permit. The Court of Appeal will be asked to impose a fit sentence.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
HAS A TRANSCRIPT OF ALL RELEVANT EVIDENCE FROM THE SENTENCING HEARING BEEN ORDERED FROM TRANSCRIPTION SERVICES?  YES  NO
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
In the matter of the appeal of (name of accused in full) convicted at (name of court) by (name of judge) on the day of 20 , and sentenced on the day of 20 , of (state the charge(s) in full) and now in custody at (name of institution or penitentiary)
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
[ ] LEAVE TO APPEAL (WHERE NEEDED) HAVING BEEN GRANTED
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
[ ] BASED ON ACCUSED’S PERSONAL UNDERTAKING
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
KEEP THE PEACE AND BE OF GOOD BEHAVIOUR:
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
ATTEND IN PERSON AT THE HEARING OF THE APPEAL AND REPORT TO THE CLERK OF THE COURT OF APPEAL, ROOM 330, LAW COURTS BUILDING, WINNIPEG, NO LATER THAN TEN MINUTES BEFORE THE SCHEDULED HEARING OF THE APPEAL
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
THE ACCUSED OR COUNSEL FOR THE ACCUSED MUST CONFIRM THAT A TRANSCRIPT OF ALL APPLICABLE EVIDENCE HAS BEEN ORDERED WITH RESPECT TO CONVICTION AND/OR SENTENCING FROM TRANSCRIPTION SERVICES
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
THE ACCUSED UNDERTAKES TO ABIDE BY THE RULES OF COURT FOR THE FILING OF A FACTUM AND TO PROCEED WITH A HEARING OF THE APPEAL, ON A DATE TO BE FIXED, NO LATER THAN THE DAY OF , 20
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
DATED this day of , 20 at Winnipeg, Manitoba.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
WHEREAS (name of accused in full) (D.O.B. D/M/Y) was convicted on the day of , 20 , of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre) , and was sentenced on the day of , 20 by (name of judge) to (sentence imposed) , and now in custody at (name of institution or penitentiary) and has appealed to The Court of Appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
 upon the accused giving an undertaking
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
 upon the accused entering into a recognizance
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions specified in the attached order.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
The accused now personally comes before me,
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
 to enter into the recognizance in the sum of $ be made and levied on the accused’s goods and chattels, lands and tenements to the use of Her Majesty the Queen, her heirs and successors, if the accused fails to abide by the conditions contained in the said order.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
ANY NOTICES in connection with the appeal are to be addressed to the accused’s place of residence, namely
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
and no change of residence shall be made without notification to the registrar of The Court of Appeal.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
DECLARED AND ACKNOWLEDGED before me this day of , 20 , at Winnipeg, Manitoba.
Manitoba Criminal Appeal Rules — Manitoba Criminal Appeal Rules
WHEREAS (name of accused in full) (D.O.B. D/M/Y) was convicted on the day of , 20 , of (state the charge(s) in full) before (name of judge) at the (name of court) in (court centre) , and was sentenced on the day of , 20 by (name of judge) to (sentence imposed) and now in custody at (name of institution or penitentiary) and has appealed to The Court of appeal, and has applied for judicial interim release pending the hearing and disposition of the appeal, and an order having been made allowing judicial interim release upon the accused entering into a recognizance in the sum of $ with surety/sureties, each in the sum of $ and subject to the conditions as specified in the attached order.