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The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 20
Basic content for all factums 20 (1) Except where otherwise ordered by a judge, a factum shall consist of the following seven parts: Part I Introduction: The appellant and respondent shall each briefly summarize the context for the appeal. Part II Jurisdiction and Standard of Review: The appellant shall state the source of the right of appeal, the basis for the jurisdiction of the court to determine the appeal and the applicable standard of appellate review. The respondent shall state its position with respect to the same matters. Part III Summary of Facts: The appellant shall concisely state the facts. The respondent shall state its position taken with respect to the appellant’s statement of facts and any facts it considers relevant. Part IV Points in Issue: The appellant shall concisely state the points in issue in the appeal. The respondent shall state its position in regard to the appellant’s points that the respondent wishes to put in issue. If a respondent intends to contend that the judgment should be upheld, whether in whole or in part, for reasons not found in the judgment and not raised in the appellant’s factum, it shall state that intention. Part V Argument: This part shall contain a statement of the argument, setting out concisely the points of law or fact to be argued and the basis for the argument, with a particular reference to the page and line of the transcript and the authorities relied on in support of each point. Part VI Relief: This part shall state the precise order the appellant or respondent desires the court to make. Part VII Authorities: This part shall contain a table of authorities that the appellant or respondent has referred to, arranged alphabetically and citing the Supreme Court Reports where possible. Appellants or respondents citing decisions from electronic databases in factums must also provide the citation from traditional print sources. (2) Each paragraph in Parts I to VI inclusive shall be numbered consecutively.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part I
Part I Introduction: The appellant and respondent shall each briefly summarize the context for the appeal.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part II
Part II Jurisdiction and Standard of Review: The appellant shall state the source of the right of appeal, the basis for the jurisdiction of the court to determine the appeal and the applicable standard of appellate review. The respondent shall state its position with respect to the same matters.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part III
Part III Summary of Facts: The appellant shall concisely state the facts. The respondent shall state its position taken with respect to the appellant’s statement of facts and any facts it considers relevant.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part IV
Part IV Points in Issue: The appellant shall concisely state the points in issue in the appeal. The respondent shall state its position in regard to the appellant’s points that the respondent wishes to put in issue. If a respondent intends to contend that the judgment should be upheld, whether in whole or in part, for reasons not found in the judgment and not raised in the appellant’s factum, it shall state that intention.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part V
Part V Argument: This part shall contain a statement of the argument, setting out concisely the points of law or fact to be argued and the basis for the argument, with a particular reference to the page and line of the transcript and the authorities relied on in support of each point.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part VI
Part VI Relief: This part shall state the precise order the appellant or respondent desires the court to make.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — Part VII
Part VII Authorities: This part shall contain a table of authorities that the appellant or respondent has referred to, arranged alphabetically and citing the Supreme Court Reports where possible. Appellants or respondents citing decisions from electronic databases in factums must also provide the citation from traditional print sources.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 21
Appendices required for appellant’s factum 21 (1) Subject to subrule (2), in all appeals other than appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices: (a) the Notice of Appeal; (b) the information or indictment and certificate of conviction or youth sentence order, as the case may be; (c) the written reasons of the judge appealed from, if not contained in the transcript; (d) any paper exhibits on which counsel intends to rely. (2) If the appellant is self-represented: (a) subrule (1) does not apply; and (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 22
Appendices to appellant’s factum for appeals from summary conviction matters only 22 (1) Subject to subrule (2), in appeals brought pursuant to section 839 of the Code, the appellant’s factum shall contain copies of the following as appendices: (a) the Notice of Appeal filed in the Court of Queen’s Bench pursuant to section 813 or 830 of the Code; (b) the transcript of the proceedings in the Provincial Court of Saskatchewan, if a ground of appeal is that the verdict is unreasonable or not supported by the evidence; (c) if clause (b) does not apply, the parts of the transcript that are considered relevant to the appeal; (d) the written reasons of the provincial court judge appealed from if not contained in the transcript; (e) the information and certificate of conviction or youth sentence order, as the case may be; (f) the Notice of Appeal; (g) the written reasons of the Court of Queen’s Bench judge appealed from, or a transcript of the proceedings in the Court of Queen’s Bench, if there are no written reasons; (h) any paper exhibits on which counsel intends to rely. (2) If the appellant is self-represented: (a) subrule (1) does not apply; and (b) the respondent’s factum shall contain as appendices copies of the documents referred to in subrule (1).
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 23
Form of factum 23 (1) The colour of the cover of the appellant’s factum shall be buff and the respondent’s green. (2) A factum shall set out on its cover the court number, the style of cause and whether it is the factum of the appellant or respondent, and if there is more than one appellant or respondent, the name of the appellant or respondent shall also be given. (3) A factum shall be printed: (a) subject to subrule (4), on one side of the paper only with the printed pages facing up on the left; (b) in 12-point type; (c) with at least one and one-half line spacing, except for quotations from authorities, which shall be indented and single-spaced; and (d) with margins of no less than 3.0 centimetres or one and one-half inches. (4) All appendices to a factum shall be printed on both sides of the paper. (5) The factum shall include a table of contents after which all pages shall be numbered consecutively and shall be bound in the sequence outlined in Rule 20 (Basic content for all factums). (6) The counsel responsible for the preparation of a factum shall sign the factum.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 24
Proof of service required from Attorney General 24 The Attorney General shall file proof of service of any document filed.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 25
Service by the Attorney General 25 The Attorney General shall serve an appellant or respondent personally unless: (a) the appellant or respondent is represented, in which case service may be effected in any manner permitted by Part Three of The Queen’s Bench Rules ; or (b) an order is obtained from the court or a judge pursuant to section 678.1 of the Code.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 26
Proof of service 26 The Attorney General may prove service by filing a Certificate of Service in Form D.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 27
Deemed service on the Attorney General by filing with the registrar 27 On receipt of a document for filing from an appellant or respondent, other than the Attorney General acting as an appellant or respondent: (a) the registrar shall immediately forward the document to the Attorney General by electronic or other means; and (b) no further service on the Attorney General or proof of service is required.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 28
Registrar’s authority to fix hearing dates 28 Subject to the direction of the chief justice or a judge, the registrar may fix the date and time for hearing of an appeal: (a) on receipt of the transcript by the registrar, if: (i) the appeal is from sentence alone; or (ii) the offender is self-represented; or (b) on receipt of the appellant’s factum for all other appeals, including appeals from conviction pursuant to section 675 of the Code, from acquittal pursuant to section 676 of the Code and from decisions made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code and for appeals that involve both a summary conviction and an indictable matter.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 29
Notice of date to be provided 29 (1) In the case of an appeal commenced by the Attorney General against a self-represented respondent, the Attorney General shall: (a) serve the respondent in accordance with Rule 25 with notice of the date fixed pursuant to Rule 28; and (b) file proof of service of the notice on the respondent in accordance with Rule 26 at least 10 days before the date fixed pursuant to Rule 28. (2) If subrule (1) is not complied with, the court or a judge may make an order adjourning the appeal on any terms and conditions that the court or the judge considers appropriate.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 30
Appeal may be heard based on written argument only 30 If the appellant and respondent agree, an appeal entered for hearing may be determined on the basis of written argument only.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 31
Attendance of appellant if in custody 31 If an appellant who is in custody is entitled and desires to be present at the hearing of his or her appeal, the registrar shall issue a production order to the proper officer or officers to enable the provisions of section 688 of the Code to be carried into effect.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 32
Appeal management 32 (1) If the registrar is of the opinion that the appellant has failed to pursue an appeal diligently or has failed to comply with these rules or that the appeal merits a managed approach, the registrar may refer the matter to a judge in chambers. (2) The registrar shall make the referral mentioned in subrule (1) by sending to the appellant and respondent, by mail, fax or electronic transmission, a notice in Form E. (3) The judge may make any order, take any measure or issue any directive that, in the opinion of the judge, will assist the court in effective and efficient management of the appeal. (4) Without limiting the authority of a judge pursuant to subrule (3), he or she may: (a) set timelines to complete all steps leading to the hearing of the appeal; (b) schedule motions to be heard before the hearing of the appeal; (c) make any other order to accelerate the appeal process; and (d) refer the appeal to the court to be dismissed as abandoned or to make any order that the court considers just.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 33
Chambers sitting 33 (1) Regular chambers sittings are to be held in Regina on the second and fourth Wednesdays of each month. (2) If a judge or the registrar is satisfied that the matter is urgent, the judge or registrar may arrange a special chambers sitting. (3) Where the appellant and respondent agree or the registrar directs, an application in chambers may be made by telephone conference, by video conference or by any other method acceptable to the registrar.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 34
Adjournments 34 (1) All requests to adjourn the hearing of an appeal shall be made to the registrar immediately after being advised of the date fixed for appeal and on notice to the other party by filing Form F. (2) The registrar: (a) may adjourn or decline to adjourn the hearing, subject to consulting with the court when appropriate in the opinion of the registrar, and, if adjourned, set a new date for the hearing; or (b) may refer the request to a judge in chambers. (3) The decision of the registrar is final.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 35
Show cause 35 If an appellant has failed to comply with an order or direction made pursuant to Rule 32, the registrar may, on notice to the appellant and respondent in Form G, refer the appeal to the court to be dismissed as abandoned unless, on the date fixed by the registrar in Form G or on any other date fixed by the court, the appellant can show cause why the appeal should not be dismissed as abandoned.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 36
Notice of abandonment 36 (1) If an appellant desires to abandon an appeal, the appellant shall file a Notice of Abandonment in Form H signed by the appellant or by the appellant’s counsel. (2) A notice of abandonment has the same effect as an order dismissing an appeal unless a judge, who is satisfied that it is in the interests of justice to do so, permits the appellant to withdraw the abandonment of the appeal.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 37
Application pursuant to section 684 of the Code 37 (1) An offender who wishes to obtain court-appointed counsel pursuant to section 684 of the Code shall apply by filing: (a) an application in Form I; (b) an affidavit in Form J; (c) a certificate in Form K from the Saskatchewan Legal Aid Commission indicating that the appeal to it from the decision of the local office has been denied; and (d) any other material that the offender considers relevant to the application. (2) On receipt of the material mentioned in subrule (1), the registrar shall forward the material to the government ministry or agency responsible for the court-appointed counsel program and to the Attorney General.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 38
Application 38 An offender who wishes to apply for release from custody pending determination of the appeal pursuant to section 679 of the Code shall apply by filing: (a) an application in Form L; (b) an affidavit in Form M; and (c) any other material that the offender considers relevant to the application.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 39
Conditions of release 39 (1) If a judge determines that the offender should be granted release from custody pending determination of the appeal on entering into a recognizance or undertaking, or both, the judge shall: (a) in the case of recognizance, specify, in an order in Form 32 of the Code, the amounts in which the offender and his or her surety or sureties, if any, shall be bound on recognizance; and (b) specify those conditions that may be appropriate. (2) An undertaking pursuant to this Rule may be in Form 12 of the Code. (3) Unless otherwise ordered by the judge hearing the application, all orders for release from custody pending determination of the appeal shall contain the following conditions: (a) if the appellant is represented, that the appellant will file his or her factum within the periods provided by these rules or as otherwise fixed by the judge granting release and that if the factum is not filed within the periods provided by these rules or as otherwise fixed by the judge, the order for release will be automatically revoked; (b) that the appellant shall personally attend at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order; (c) that the appellant acknowledges that failure to attend personally at the court on the date and at the time set for the appeal hearing or on any other day that is specified in the order will be deemed to constitute an abandonment of the appeal; (d) that the appellant will keep the peace and be of good behaviour; (e) that the appellant will advise the registrar of his or her place of residence; and (f) any other condition that the judge considers necessary. (4) The appellant shall file or deposit the release order, recognizance, undertaking and any money or valuable security deposited under the recognizance with the registrar.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 40
Variation of order 40 A judge may, on cause being shown, revoke or amend an order previously made pursuant to section 679 of the Code.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 41
Fresh evidence 41 (1) An appellant or respondent desiring to adduce fresh evidence on appeal shall apply to the court for leave to do so by notice of motion returnable on the date fixed for hearing the appeal. (2) The notice of motion shall be filed not later than 10 days before the date fixed for hearing the appeal.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 42
Where no procedure provided 42 Unless otherwise provided, an application to the court or a judge shall be by notice of motion in Form N together with the affidavit in Form O.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 43
Address for service 43 On every document filed, the person filing the document shall provide the following address information: (a) if the person is represented, the name, address, telephone and fax numbers and email address, if any, of the lawyer in charge of the file; or (b) if the person is self-represented, the full name, occupation, business or residential address, telephone and fax numbers and email address, if any, of the person.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 44
Sending of documents and notices by registrar 44 (1) The registrar shall send all documents and notices by ordinary mail, by fax or by other electronic means. (2) Where the registrar sends a transcript or any other document or notice by ordinary mail, the transcript, notice or other document is deemed to have been received five days after the date it was mailed.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 45
Receipt by fax 45 (1) The registrar may accept a copy of a document transmitted by facsimile, provided that the person transmitting the document shall file the original document immediately thereafter. (2) If the original document is filed, the date of filing is deemed to have been the date the facsimile was received by the registrar.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 46
Electronic filing 46 Any person may file a document electronically in the manner approved by the court.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 47
Computing time 47 Sections 26 to 28 of the Interpretation Act , R.S.C. 1985, c. I-21, apply to the computation of time under these rules.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 48
Recording devices 48 Except as otherwise provided by law, no person shall record by any device, machine, or system the proceedings in the court or in the chambers without leave of the court or a judge, as the case may be.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 50
Transitional 50 (1) Proceedings commenced before the coming into effect of these rules and continued after their coming into effect shall be governed by these rules without prejudice to anything lawfully done before the coming into effect of these rules. (2) Notwithstanding subrule (1), the court or a judge may give directions respecting the application of these rules or an amendment to these rules to proceedings mentioned in subrule (1).
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — 51
Coming into effect 51 These rules come into effect on December 15, 2010.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — A
A THE APPELLANT WISHES TO APPEAL FROM: CONVICTION CONVICTION AND SENTENCE SENTENCE ALONE DANGEROUS OFFENDER OR LONG-TERM OFFENDER DESIGNATION OTHER (nature of appeal other than above)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
DANGEROUS OFFENDER OR LONG-TERM OFFENDER DESIGNATION
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
OTHER (nature of appeal other than above)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — B
B PARTICULARS OF APPELLANT: Name: Last name First name Middle name Date of Birth: year / month / day If the appellant is a corporation: corporate name If the appellant is in custody: penal institution If the appellant is not in custody: Address: address city province postal code Phone number: ( ) Email address: Fax number: ( )
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
If the appellant is a corporation: corporate name
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
If the appellant is in custody: penal institution
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
If the appellant is not in custody: Address: address city province postal code Phone number: ( ) Email address: Fax number: ( )
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — C
C PARTICULARS OF CONVICTION AND SENTENCE 1 Location of Conviction: Provincial Court city or town or Court of Queen’s Bench Judicial Centre of 2 Name of Judge: 3 Offence(s) the offender was convicted of: 4 Sentence imposed: 5 Date of Conviction: / / / year month day 6 Date of Sentence: / / / year month day
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — D
D GROUNDS OF APPEAL: THE APPELLANT WISHES TO APPEAL FOR THE FOLLOWING REASONS: (this section may be expanded or additional pages may be attached)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
THE APPELLANT WISHES TO APPEAL FOR THE FOLLOWING REASONS: (this section may be expanded or additional pages may be attached)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
(this section may be expanded or additional pages may be attached)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — E
E LEGAL REPRESENTATION: 1. The Appellant is represented on appeal by: Name of Lawyer: Last name First name Address: address city province postal code Phone number: ( ) Email address: Fax number: ( ) -OR- 2. The appellant does not presently have a lawyer but he or she intends to: arrange for legal representation or act for himself/herself on appeal.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — F
F PRESENCE AT APPEAL HEARING (MARK ONE ONLY): At the appeal hearing, the Appellant wishes to: be personally present or appear by video conference connection (if available at penal institution) or not be present
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
At the appeal hearing, the Appellant wishes to:
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — G
G IF A NEW TRIAL IS DIRECTED, THE APPELLANT WISHES TO BE TRIED: by judge and jury or by single judge.
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — The Court of Appeal Criminal Appeal Rules (Saskatchewan)
(Please Note: A copy of this Notice of Appeal will be provided to the Crown by the Registrar.)
The Court of Appeal Criminal Appeal Rules (Saskatchewan) — A
A THE ATTORNEY GENERAL WISHES TO APPEAL FROM: ACQUITTAL SENTENCE FAILURE TO DESIGNATE AS DANGEROUS OFFENDER OR LONG-TERM OFFENDER OTHER (nature of appeal other than above)