GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 842 (1)
842 (1) An Appeal under The Summary Convictions Act of Alberta shall be made by filing a certificate granted under the Act and by filing and serving a notice of appeal in the manner and within such time as is hereafter directed.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Rule 850 shall apply, mutatis mutandis , to an application for leave under The Summary Convictions Act of Alberta .
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 843 (1)
843 (1) A notice of appeal from conviction, or conviction and sentence, or sentence only, shall be filed and served within thirty (30) days from the date of sentence.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) A notice of appeal from acquittal shall be filed and served within thirty (30) days from the date of acquittal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) A notice of appeal from a finding of “not guilty” by reason of insanity by an accused person pursuant to s. 603(2)(b) shall be filed and served within thirty (30) days from the date of such finding.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) A notice of appeal from a finding or verdict that an accused person is unfit to stand trial by reason of insanity by either such accused person or the Attorney-General, pursuant to s. 603(2)(a) or s. 605(3) shall be filed and served within thirty (30) days from such finding or verdict.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 844 (1)
844 (1) The filing and serving of a notice of appeal shall be effected: (i) in a prisoner appeal, by serving three (3) copies of the notice of appeal on the warden or the designate of the warden of the institution in which the appellant is in custody. Such officer shall endorse on the copies the date he received them, and shall forthwith return one (1) copy to the appellant, and forthwith forward one (1) copy to the registrar, and shall retain one (1) copy; (ii) in any other appeal by a convicted person, by filing in the office of the registrar or by mailing to him by registered mail three (3) copies of a notice of appeal; (iii) in an appeal by the Attorney-General, by filing two (2) copies of the notice of appeal with the registrar and by personal service on the person in respect of whose trial disposition the appeal is brought, unless otherwise ordered by an Appellate judge, provided that where substitutional service is ordered, no appeal shall be argued without leave of the Court, and on such application for leave, the Court may give further directions as to service.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) in a prisoner appeal, by serving three (3) copies of the notice of appeal on the warden or the designate of the warden of the institution in which the appellant is in custody. Such officer shall endorse on the copies the date he received them, and shall forthwith return one (1) copy to the appellant, and forthwith forward one (1) copy to the registrar, and shall retain one (1) copy;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) in any other appeal by a convicted person, by filing in the office of the registrar or by mailing to him by registered mail three (3) copies of a notice of appeal;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iii)
(iii) in an appeal by the Attorney-General, by filing two (2) copies of the notice of appeal with the registrar and by personal service on the person in respect of whose trial disposition the appeal is brought, unless otherwise ordered by an Appellate judge, provided that where substitutional service is ordered, no appeal shall be argued without leave of the Court, and on such application for leave, the Court may give further directions as to service.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Upon receipt of a notice of appeal other than an appeal by the Attorney-General or prosecutor, the registrar shall forthwith forward a copy to the Attorney-General or his counsel at trial, or the prosecutor or his counsel at trial.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) In cases tried before a Provincial judge, the registrar shall immediately forward a copy of the notice of appeal to the judge.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) In all cases, the registrar shall immediately forward a copy to the clerk of the Court in which the trial took place.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 845 (1)
845 (1) In appeals where the appellant is not represented by counsel, a notice of appeal and application for leave to appeal shall be in Form “A” or to like effect.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) In all other appeals and applications for leave to appeal, the notice of appeal shall be in Form “B” or to like effect.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) Where an appeal or an application for leave to appeal is commenced by an appellant not represented by counsel, and the appellant subsequently retains counsel, the latter shall immediately notify the registrar and the respondent. Thereafter, all relevant Rules relating to appeals which are not appeals by persons not represented by counsel shall apply.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 846
846 Every notice of appeal and every application for leave to appeal, shall set out the grounds for appeal or application, and shall be signed by the appellant or counsel.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 847 (1)
847 (1) No time or place for the hearing shall be stated in the notice of appeal. The registrar shall forthwith after receipt of the notice, other than a notice of an application to an Appellate judge for leave to appeal, enter the case on the lists of appeal for the next ensuing sittings of the Court, and all necessary directions as to the hearing of the appeal or application may be given by the Court or any judge thereof.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) In appeals by the Attorney-General, the Attorney-General shall take all reasonable steps to notify a respondent of the time and place for the hearing of the appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 848
848 Unless otherwise ordered by the Court or a judge thereof, all appeals and applications to the Court or a judge thereof for leave to appeal from any trial disposition made in the Southern Judicial Districts shall be heard at Calgary, and all other appeals and applications shall be heard at Edmonton.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 849 (1)
849 (1) Applications for leave to appeal may be made to the Court or to an Appellate judge.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) An application for leave to appeal to the Court shall be made by the filing of a notice of appeal, pursuant to these Rules, and no further notice is required.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) Where the Court grants leave to appeal, it may at once determine the appeal on its merits or it may direct that the appeal be heard at a later time.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) An application for leave to appeal to an Appellate judge shall be made by filing a notice of appeal pursuant to these Rules, and by filing with the registrar contemporaneously, or thereafter, a notice of motion. Such notice shall be served on the respondent not less than two (2) clear days before the return of the motion, unless otherwise ordered.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (5)
(5) If an Appellate judge refuses leave to appeal against a conviction in respect of an application brought pursuant to s. 603(1)(a)(ii), the applicant may, by filing a notice in writing with the registrar within seven (7) days of such refusal, have the application for leave to appeal determined by the Court.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (6)
(6) If an Appellate judge refuses to leave from sentence in respect of an application brought pursuant to s. 603(1)(b), such determination is final, and no appeal from such order lies.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 850 (1)
850 (1) An application to a trial judge for a certificate under s. 603(1)(a)(ii) shall be made within thirty (30) days from the date of sentence, and may be made ex parte , or if the trial judge requires, on at least two (2) clear days’ notice to the Attorney-General.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Where a trial judge requires notice of the application: (i) the notice may be returnable before or after the expiration of the thirty (30) days mentioned above; (ii) a copy of the notice shall be mailed to or filed with the registrar; (iii) if the certificate is granted, the notice of appeal shall be mailed or filed as provided in s. 844(1) within thirty (30) days from the date of sentence, or within two (2) clear days after the certificate is granted, whichever is the later.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) the notice may be returnable before or after the expiration of the thirty (30) days mentioned above;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) a copy of the notice shall be mailed to or filed with the registrar;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iii)
(iii) if the certificate is granted, the notice of appeal shall be mailed or filed as provided in s. 844(1) within thirty (30) days from the date of sentence, or within two (2) clear days after the certificate is granted, whichever is the later.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 851 (1)
851 (1) In an appeal against sentence, where the appellant is represented by counsel, unless otherwise ordered by the Court or a judge thereof, there shall be filed by the appellant with the registrar six (6) copies of a group of documents entitled “Sentence Material”, and a further copy shall forthwith be served upon the respondent.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) The Sentence Material shall be filed with the registrar at least five (5) days before the opening of the Court.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) The Sentence Material shall include the following: (i) the Information or Indictment and sentence; (ii) a Statement of Facts as related to the trial judge; (iii) any pre-sentence or post-sentence reports; (iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) the Information or Indictment and sentence;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) a Statement of Facts as related to the trial judge;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iii)
(iii) any pre-sentence or post-sentence reports;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iv)
(iv) a transcript of the Reasons for Judgment and for sentence given by the trial judge; the criminal record, if any, of the convicted person, as disclosed to the trial judge.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) Where an appeal book has been filed, the Sentence Material need not include any material already contained in the Appeal Book.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (5)
(5) Six (6) copies of written material to be used in support of a respondent’s argument shall be filed with the registrar three (3) days before the opening of the Court, unless the Court otherwise orders, and a further copy shall be forthwith served upon the appellant.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 852 (1)
852 (1) In an appeal against sentence, where the appellant is not represented by counsel, he may present his argument orally or in writing, but in order to do so orally, he must signify in his notice of appeal his desire to be present, if he is in custody.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Any argument in writing shall be filed with the registrar prior to the day fixed for the hearing.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 853 (1)
853 (1) In an appeal against sentence by a convicted person, the Attorney-General, if he intends upon the hearing of the appeal to contend that the sentence should be increased or varied, shall, not less than three (3) days before the commencement of the sittings of the Court at which the appeal comes to be heard, give notice of such intention in writing to the appellant or his counsel.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) In any appeal against sentence by either a convicted person or the Attorney-General, the Court of its own motion may treat the whole matter of sentence as open, and on an appeal by a convicted person, may increase or vary the sentence, and on an appeal by the Attorney-General, decrease or vary the sentence, provided that notice that such increase or variation is to be considered, is given by the Court so that the convicted person or the Attorney-General may be heard on such disposition.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 854 (1)
854 (1) Except in sentence appeals, or unless otherwise ordered, the appellant shall: (i) file six (6) copies of an appeal book with the registrar; (ii) deliver one (1) copy of the appeal book to the respondent.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) file six (6) copies of an appeal book with the registrar;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) deliver one (1) copy of the appeal book to the respondent.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) The appeal book shall be furnished to the appellant upon payment of the fees from time to time authorized by the tariff of fees payable to the office of the court reporters.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) Unless otherwise ordered by the Court or a judge thereof, the Appeal Book shall contain: (i) the Information or Indictment; (ii) the transcript of the evidence, including exhibits; (iii) Counsels’ addresses; (iv) charge to the jury; (v) Reasons for Judgment; (vi) formal certificate of conviction (or acquittal); (vii) Notice of appeal (or notice of application for leave to appeal).
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) the transcript of the evidence, including exhibits;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (vi)
(vi) formal certificate of conviction (or acquittal);
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (vii)
(vii) Notice of appeal (or notice of application for leave to appeal).
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 856
856 The Provincial judge before whom a trial took place, or the clerk of the Court shall, upon request, forward to the Attorney-General and to counsel who acted for the Attorney-General at the trial, certified copies of the documents, exhibits and things connected with the proceedings which are in his custody and control, and which are required for the purposes of an appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 857 (1)
857 (1) Where an appeal is taken or an application for leave to appeal is made, the trial judge shall, at the request of the Court or a judge thereof, furnish to the registrar a report on the case or on any matter relating to the case which is specified in the request.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Forthwith after the registrar receives the report, he shall mail a copy of it to the appellant and to the respondent, or to their counsel.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 858 (1)
858 (1) Subject to the other subsections of this Rule, all documents, exhibits and things connected with a trial shall be retained by the Provincial judge or by the clerk of the Court for forty (40) days after sentence or acquittal, as the case may be.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) At any time after a trial, the trial judge or an Appellate judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) Upon the filing of written consents by the accused or his counsel, and by the Attorney-General or his counsel, the Provincial judge or the clerk of the Court shall deliver any document, exhibit or thing in accordance with such consents.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) Upon receipt of a copy of a notice of appeal, the Provincial judge or the clerk of the Court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3) hereof.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 859 (1)
859 (1) A transcript of the evidence of proceedings taken in shorthand at a trial and certified by the official court reporter who made or extended the transcript shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) Where the evidence and proceedings are not taken by a court reporter, but by a sound-recording apparatus, as authorized under Provincial legislation, a transcript of such recording, certified by a court reporter, shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) Where the evidence and proceedings are not taken by a court reporter, and are not taken by a sound-recording apparatus, as authorized under Provincial legislation, then depositions taken in accordance with s. 468 shall be prima facie proof of such evidence and proceedings.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) In this Rule, official court reporter means (i) a person appointed as an official court reporter by order of the Attorney General; or (ii) a certified shorthand reporter under the Alberta Shorthand Reporters Regulation (AR 197/96).
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) a person appointed as an official court reporter by order of the Attorney General; or
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) a certified shorthand reporter under the Alberta Shorthand Reporters Regulation (AR 197/96).
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 860
860 An order for the restitution of property under ss. 653, 654 or 655 shall provide for securing the safe custody of the property referred to in the order, for the period during which its operation is suspended by virtue of s. 616.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 860A (1)
860A (1) All applications for release from custody pending the determination of an appeal to the Court shall be made to an Appellate judge. No application for release from custody pending the determination of an appeal shall be entertained unless the applicant has filed with the registrar a notice of appeal or an application for leave to appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) No application for release from custody pending the determination of an appeal from sentence only shall be granted unless the appellant has been granted leave to appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) An application for leave to appeal may be combined and heard with an application for release from custody pending appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) No application for release pending the determination of an appeal or motion for leave to appeal to the Supreme Court of Canada shall be entertained unless the applicant has filed and served his notice of appeal, or, where leave is required, his application for leave to appeal.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 860B (1)
860B (1) Where an applicant applies for release from custody pending determination of appeal, he shall give written notice of such application to the prosecutor. Such notice shall be two (2) clear days’ notice, unless both parties attend upon an Appellate judge or the judge otherwise orders.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (2)
(2) The application shall be supported: A by an affidavit stating: (i) his places of abode in the three years preceding his conviction, and where he proposes to reside if released; (ii) his employment, if any, prior to conviction, and whether he expects to be employed if released; (iii) his criminal record, if any, including convictions outside Canada; (iv) whether criminal charges are, at the time of the application, pending against him, either in Canada or elsewhere. B by his undertaking to surrender himself into custody in accordance with the terms of any order granted.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — A
A by an affidavit stating: (i) his places of abode in the three years preceding his conviction, and where he proposes to reside if released; (ii) his employment, if any, prior to conviction, and whether he expects to be employed if released; (iii) his criminal record, if any, including convictions outside Canada; (iv) whether criminal charges are, at the time of the application, pending against him, either in Canada or elsewhere.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (i)
(i) his places of abode in the three years preceding his conviction, and where he proposes to reside if released;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (ii)
(ii) his employment, if any, prior to conviction, and whether he expects to be employed if released;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iii)
(iii) his criminal record, if any, including convictions outside Canada;
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (iv)
(iv) whether criminal charges are, at the time of the application, pending against him, either in Canada or elsewhere.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — B
B by his undertaking to surrender himself into custody in accordance with the terms of any order granted.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (3)
(3) An Appellate Court judge may dispense with the filing of the affidavit referred to above, and may act upon a statement of facts conveyed to him by counsel for the applicant and for the Attorney-General, which statements of fact the judge may require each counsel to put in writing and file with the registrar.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — (4)
(4) A judge of the Court which orders a new trial may forthwith entertain an application for interim release pending the new trial.
Rules of the Court of Appeal of Alberta as to Criminal Appeals — 860C (1)
860C (1) An appellant who desires to abandon an appeal may do so at any time before the hearing of the appeal commences by completing a Notice of Abandonment in Form “C”, or to like effect, and by filing or sending the same to the registrar. Form “C” shall be signed by the appellant, or by his solicitor of record in the appeal. In the former case, the signature of the appellant shall be verified by affidavit or witnessed by a solicitor or by an officer of the institution in which the appellant is confined.