GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Prince Edward Island – Criminal Appeal Rules of Court — 82.13
82.13 (1) The respondent shall prepare a respondent’s factum unless (a) the respondent is not represented by counsel and has given notice that he or she desires to present oral argument only; or (b) the Court orders otherwise. (2) The respondent’s factum shall be signed by the respondent, the respondent’s counsel, or on counsel’s behalf by someone he or she has specifically authorized, and shall consist of (a) Part I, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the evidence by page and line of the transcript as is necessary; (b) Part II, containing the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise statement of the law and the authorities relating to that issue; (c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue; (d) Part IV, containing a statement of the order that the Court will be asked to make; (e) Schedule A, containing a list of the authorities relied on; and (f) Schedule B, containing (i) an index, (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues in the appeal, of the authorities relied on, and (iii) all relevant provisions of statutes, regulations and by-laws.
Prince Edward Island – Criminal Appeal Rules of Court — 82.14
82.14 (1) Subject to subsection (2), within 30 days after being notified that the evidence has been transcribed or, if no evidence is to be transcribed, within 30 days after the issue of the notice of appeal, an appellant shall serve on each party a copy of the appeal book, and a copy of the appellant’s factum, if one is required, and file with the Registrar (a) if the notice of appeal was served under subsection 82.05(4), the original notice of appeal with proof of service; (b) four copies of the appeal book, (c) four copies of the appellant’s factum, if one is required, and (d) a certificate that service has been made under paragraphs (a) and (b) where applicable. (2) Where the appeal is a prisoner appeal, within the time prescribed by subsection (1) (a) the Attorney General shall file with the registrar four copies of the appeal book, (b) the appellant shall file with the Registrar five copies of the appellant’s factum, if one is required, and (c) the registrar shall forward to the respondent a copy of the appellant’s factum, if any. (3) Within 30 days after service of the appellant’s factum, the respondent shall (a) file with the registrar four copies of the respondent’s factum, if one is required; and (b) serve on each party a copy of the respondent’s factum, if one is required. (4) When subsection (1) or (2) is complied with, the appeal is perfected and the Registrar, under the direction of the Chief Justice, may, as appeals are perfected, set times for the hearing thereof and in so doing shall have regard as much as possible to advice from the parties or their counsel as to the probable length of the hearing and convenient dates thereof.
Prince Edward Island – Criminal Appeal Rules of Court — 82.15
82.15 (1) The Registrar shall give each party notice of the time set for the hearing of an appeal under subsection 82.14(4). (2) The Registrar shall file a certificate in Form 82F indicating that each of the parties has been notified as required by subsection (1) and such certificate shall be prima facie evidence that such notice has been received by the parties. (3) On the hearing of an appeal the appellant and the respondent shall be restricted in their argument to the grounds set out in their respective notices of appeal and factums unless leave of the court is obtained to argue matters not set out in their grounds of appeal or factums. (4) On application by any party to an appeal, the Court or a judge, may, in special circumstances, order an early hearing of an appeal and may give any necessary directions.
Prince Edward Island – Criminal Appeal Rules of Court — 82.16
82.16 (1) An appellant who wishes to abandon an appeal may, before the hearing of the appeal (a) serve on the respondent a notice of abandonment in Form 82G , and (b) file with the Registrar the notice with proof of service. (2) A notice of abandonment may be signed by the appellant or his or her counsel but if it is signed by the appellant, his or her signature shall be verified by affidavit or witnessed by a solicitor or by an officer of the penal institution in which the appellant is confined. (3) An abandoned appeal shall be deemed to be dismissed without any formal order being necessary but the respondent may apply, without notice, to the Court or a judge for a formal order dismissing the appeal. (4) Notwithstanding subsection 82.16(3), a judge may at any time, on notice of motion, grant leave to withdraw a notice of abandonment if it is in the interest of justice to do so.
Prince Edward Island – Criminal Appeal Rules of Court — 82.16.1
82.16.1 (1) Any party may seek from the Registrar a date and time for the hearing of an interlocutory application. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court orders otherwise. (2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing. SI/2014-62, s. 1
Prince Edward Island – Criminal Appeal Rules of Court — 82.17
82.17 (1) In seeking to obtain disclosure, the production of third party records and to adduce fresh evidence on appeal and pursuant to the applicable provisions of the Code, the applicant shall file and serve a notice of motion, which shall concisely set out the nature of the disclosure, the third party records being sought and/or the evidence sought to be adduced and the manner in which such evidence is said to bear on a decisive or potentially decisive issue at trial. (2) The notice of motion shall (a) be supported by affidavit(s) as to the facts raised and to be relied on in support of the application; (b) set out the order sought; and (c) be accompanied by a memorandum of the points of argument and a list of authorities relied on. (3) A party opposing the application shall file with the Registrar any affidavit or memorandum on which that party relies and serve a copy of it on the applicant and on any other parties. The memorandum shall contain the points of argument and a list of authorities relied on. (4) Motions for disclosure and the production of third party records shall be made to the panel hearing the appeal, and they shall be scheduled at a time prior to the panel hearing argument on the merits of the appeal. (5) Unless otherwise ordered, a motion to adduce fresh evidence shall be made to the panel hearing the appeal and at the same time as the argument of the appeal on its merits. (6) Either prior to or after ruling on the admissibility of the proposed fresh evidence, the Court may, of its own motion or that of counsel, order that the evidence be taken by oral examination before the Court, by affidavit, by commission evidence, by deposition or in any other manner that the Court directs.
Prince Edward Island – Criminal Appeal Rules of Court — 82.18
82.18 (1) An application by an appellant or a respondent for the assignment of counsel under section 684 of the Code shall be made by filing the original and two copies of a Notice of Motion for Assignment of Counsel in Form 82H , together with an affidavit of the appellant or respondent in Form 82I . (2) The Registrar shall provide a copy of the Notice of Motion and the affidavit to the Attorney General and the Office of Legal Aid.
Prince Edward Island – Criminal Appeal Rules of Court — 82.20
82.20 (1) A judge may, on cause being shown, revoke an order previously made under section 679 of the Code and may make any order that could have been made under that section. (2) An order for a new recognizance or undertaking varying a condition may be made by a judge without the attendance of counsel, upon the filing of the written consent of counsel for the respondent. (3) Where the appellant seeks an order under subsection (1) which varies a condition contained in an order made under section 82.19, the material filed in support of the application shall contain a summary of the status of the appeal, an explanation for any failure to comply with these rules and, where applicable, a statement of the earliest feasible date on which the appeal may be heard.
Prince Edward Island – Criminal Appeal Rules of Court — 82.21
82.21 (1) A party to the appeal may apply to the Court for an order that a post-sentence report be prepared. (2) A party to the appeal may, with consent of the other party or with leave of the Court, file post-sentence information. (3) Where the preparation of a post-sentence report is ordered by the Court and the subject of the report is in a penal institution, the report shall be prepared in writing by the appropriate official of the penal institution and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel. (4) Where a post-sentence report is ordered by the Court and the subject of the report is not in a penal institution, the report shall be prepared by a probation officer and filed with the Registrar within any time limits specified in the order, and the Registrar shall forward a copy of the report to counsel for each party to the appeal and to any party who is not represented by counsel.
Prince Edward Island – Criminal Appeal Rules of Court — 82.22
82.22 (1) On a decision having been filed or deemed filed, an order shall be prepared by the appellant or may be prepared by any party stating the disposition of the appeal as directed by the Court and served on the opposite party. The order shall be approved by the judge who acted as chairperson of the appeal panel, or in the absence of that judge, the next senior judge on the panel, and shall be signed by and filed with the Registrar, who shall then notify all parties of the filing. (2) Any party to an appeal who wishes the order amended to better express the intent of the Court’s decision may apply to the Court, which may correct or otherwise amend the formal order, and the amended order shall then without a change of date, be signed and entered by the Registrar as the formal order disposing of the appeal.
Prince Edward Island – Criminal Appeal Rules of Court — 82.23
82.23 (1) Any time prescribed by this Rule, including the time prescribed for the filing of a notice of appeal, may be extended or abridged by the Court or a judge, before or after the expiration of the period. (2) Notice of an application to extend or abridge the time shall be given to the opposite party, unless such application is made by consent or unless otherwise directed by the Court. (3) An application to extend or abridge the time for filing a notice of appeal shall include an affidavit and any other relevant material indicating (a) the potential merits of the appeal, including any questions of law that may be in issue on the appeal; (b) an explanation for the failure to have filed the notice of appeal in accordance with the time limits prescribed by these Rules; (c) whether the applicant had demonstrated an intention to appeal within the appeal period; (d) the existence of any prejudice to the intended respondent and any third parties if the appeal were allowed to proceed; (e) the existence of any special circumstances that might cause an injustice to the applicant if the application were refused; and (f) any other information or factors that might reasonably have a bearing on the application. (4) An appellant who is not represented by counsel may apply for an extension or abridgement of time by including with the proposed Form 82B notice of appeal an application for such extension. The Court may, on notice to the Attorney General and on giving the Attorney General an opportunity to be heard, consider the application and either grant or refuse the requested extension. The Registrar shall send to each party a copy of the Court’s order.
Prince Edward Island – Criminal Appeal Rules of Court — 82.24
82.24 (1) Subject to subsection 82.23(3), non-compliance with these Rules does not render a proceeding void, but where non-compliance occurs, the Court may give any direction or make any order it considers appropriate to give effect to the intent of these Rules. (2) Where a party to an appeal or their counsel fails to perfect the appeal within a period of six months after the filing of the transcript or, where no transcript is filed, within a period of six months after the filing of the notice of appeal, or a party or their counsel otherwise fails to comply with these Rules, the Court, on application of any other party to the appeal or of its own motion, on giving to the parties such notice, if any, as the Registrar is able to effect, or without notice if reasonable notice cannot be effected, may (a) strike out the appeal; (b) direct the appellant to perfect the appeal within a specified time; (c) fix a date for hearing of the appeal; or (d) make any other order as may be just. (3) Where the notice of appeal was filed prior to the coming into effect of this Rule and six months have passed since the Rule came into effect with no order or step being made or taken under this Rule, the appeal shall be deemed to have been abandoned and the Registrar shall file a notice of deemed abandonment. (4) On filing a notice of deemed abandonment of the appeal, the Registrar shall send a copy of the notice by ordinary mail or by facsimile transmission to counsel of record or to the parties at the last known addresses, if any, of such counsel or parties indicated in the documents filed in the appeal. (5) Inability or failure of the Registrar to effect any notice required by this Rule shall not affect the deemed abandonment or striking out of an appeal. (6) No proceedings shall thereafter be taken in any appeal deemed abandoned or struck out under this Rule unless the appeal is reinstated by the Court, which the Court may do on application and on such terms as the Court deems just. (7) The Court may, on application by a party prior to the date on which the appeal would be deemed to be abandoned, on such terms as the Court deems just, order that the appeal not be deemed abandoned.
Prince Edward Island – Criminal Appeal Rules of Court — 82.25
82.25 (1) Any party may seek from the Registrar a date and time for the hearing of a motion. When the date and time are set, the applicant shall serve copies of the documentation to be relied on, on all other parties at least four clear days before the hearing, unless the application is made by consent or the Court orders otherwise. (2) Any written response to the application shall be filed with the Registrar and served on all other parties at least one clear day before the hearing. SI/2014-62, s. 3
Prince Edward Island – Criminal Appeal Rules of Court — 82.26
82.26 (1) In a prisoner appeal, service of all notices and other documents pertaining to the appeal, other than the notice of appeal, shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned. (2) Where a notice or document is initiated by the appellant, the official shall endorse on it the date of receipt, return a copy so endorsed to the appellant and forthwith forward the original to the Registrar. The Registrar shall file the original and forward a copy to the Attorney General. (3) Where a notice or document is initiated by the Attorney General, the original shall be filed with the Registrar. Service shall be effected by delivery to the senior official of the penal institution in which the appellant is imprisoned who shall forthwith deliver the notice or document to the appellant. Delivery may be carried out by (a) delivery to the official; (b) prepaid registered or certified mail or courier to the official; (c) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; or (d) any other manner that may be directed by the Court.
Prince Edward Island – Criminal Appeal Rules of Court — 82.27
82.27 (1) In all other appeals, where the Attorney General is not the appellant, or a party is not represented by counsel, or both, service of notices and documents, other than the notice of appeal, (a) when directed to the Attorney General, shall be effected by (i) service on legal counsel instructed by the Attorney General, (ii) prepaid registered mail to the Attorney General or counsel directed by the Attorney General, or (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages; and (b) when directed to another party, shall be effected by (i) personal service, (ii) prepaid registered or certified mail to the address of the party set out in the notice of appeal or as filed with the Registrar, (iii) verified facsimile transmission, except in respect of transcripts, appeal books, factums and other documents exceeding 10 pages, or (iv) any other manner that may be directed by the Court. (2) In all appeals referred to in this Rule, the original notice or document, and documents evidencing proof of service, if necessary, shall be filed with the Registrar.
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
(To be used where Notice is Filed by Counsel on Behalf of Appellant)
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
(This Form may be varied to meet the case where the Attorney General is the appellant, or where circumstances require changes in it.)
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
IN THE PRINCE EDWARD ISLAND COURT OF APPEAL No. S1-CA-
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
BETWEEN: (Name of Appellant) APPELLANT AND HER MAJESTY THE QUEEN as represented by the Attorney General RESPONDENT
Prince Edward Island – Criminal Appeal Rules of Court — 1
1 Section of the Criminal Code under which the appeal is taken
Prince Edward Island – Criminal Appeal Rules of Court — 7
7 Offence(s) of which appellant was convicted
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8 Sections of the Criminal Code or other statutes under which appellant was convicted
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14 If the appellant is in custody, place of incarceration
Prince Edward Island – Criminal Appeal Rules of Court — (a)
Take notice that the appellant (insert whichever of the following or such other as may be applicable) (a) appeals against conviction on grounds involving a question of law alone; (b) applies for leave to appeal conviction on grounds involving a question of fact alone or a question of mixed law and fact and, if leave is granted, hereby appeals against the said conviction; (c) applies for leave to appeal against sentence and, if leave is granted, hereby appeals against sentence; or (d) appeals against the acquittal of the respondent on grounds involving a question of law alone.
Prince Edward Island – Criminal Appeal Rules of Court — (a)
(a) appeals against conviction on grounds involving a question of law alone;
Prince Edward Island – Criminal Appeal Rules of Court — (b)
(b) applies for leave to appeal conviction on grounds involving a question of fact alone or a question of mixed law and fact and, if leave is granted, hereby appeals against the said conviction;
Prince Edward Island – Criminal Appeal Rules of Court — (c)
(c) applies for leave to appeal against sentence and, if leave is granted, hereby appeals against sentence; or
Prince Edward Island – Criminal Appeal Rules of Court — (d)
(d) appeals against the acquittal of the respondent on grounds involving a question of law alone.
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
The grounds of appeal are annexed hereto as “Appendix A”
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
If a new trial is ordered and the appellant would have the right to trial by judge and jury, does the appellant wish trial by judge and jury? Yes No
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
DATED at , Prince Edward Island, this day of , 20
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
(To be used where Appellant is not Represented by Counsel)
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
BETWEEN: (Name of appellant) APPELLANT AND HER MAJESTY THE QUEEN as represented by the Attorney General RESPONDENT
Prince Edward Island – Criminal Appeal Rules of Court — 4
4 Name of court (Supreme Court of Prince Edward Island; Provincial Court or Youth Court)
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5 Name of your defence counsel (if any) at trial
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6 Offence(s) of which appellant was convicted (example: theft, forgery, sexual assault)
Prince Edward Island – Criminal Appeal Rules of Court — 11
11 Is your appeal from a conviction or sentence under the Youth Justice Act ? Yes No
Prince Edward Island – Criminal Appeal Rules of Court — 12
12 (If applicable) If the appellant is a young person as defined in the Youth Justice Act and has applied for legal aid, indicate the location of the legal aid office. Has the appellant been refused legal aid? Yes No
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Has the appellant been refused legal aid? Yes No
Prince Edward Island – Criminal Appeal Rules of Court — 13
13 Name and address of place where appellant is in custody or, if not in custody, the appellant’s address
Prince Edward Island – Criminal Appeal Rules of Court — 14
14 If the appellant is in custody, appellant’s address other than the institution
Prince Edward Island – Criminal Appeal Rules of Court — (a)
I, the above appellant, hereby give notice that I desire to appeal and, if necessary for me to do so, to apply for leave to appeal against (a) conviction only ; (b) sentence only ; or (c) both conviction and sentence .
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
I wish to appeal for the following reasons: Grounds of appeal
Prince Edward Island – Criminal Appeal Rules of Court — (a)
I desire to present my case and argument (a) in writing only ; (b) in person ; or (c) in writing and in person .
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
If a new trial is ordered and you would have the right to trial by judge and jury, do you wish trial by judge and jury? Yes No
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
Dated at , Prince Edward Island, this day of , 20
Prince Edward Island – Criminal Appeal Rules of Court — Prince Edward Island – Criminal Appeal Rules of Court
TO: The Senior Official of the Penal Institution (if you are in custody)