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The Court of Appeal of Alberta Criminal Appeal Rules — 16.15
Format of Appeal Record 16.15 (1) The Appeal Record in criminal appeals must comply with rule 16.37 ( Requirements for all documents ) and (a) be printed single-sided and bound together along the right edge of the page so that the printed text is to the left of the binding, (b) number the Pleadings starting with page P1, and the Final Documents with page F1, (c) have red cardstock covers, front and back, and (d) be divided into numbered volumes of approximately 200 pages each. (2) The Transcripts must (a) be prepared by an official court reporter or be in a format satisfactory to the Registrar, (b) be prepared in an electronic format approved by the Registrar and uploaded before the paper copy is filed, (c) be paginated and printed double-sided, (d) have grey cardstock covers, front and back, and (e) be divided into numbered volumes of approximately 200 pages each. (3) With the consent of all parties, or by order, an Appeal Record may be completed in an electronic format approved by the Registrar. (4) A case management officer may set or vary the contents or format of the Appeal Record as the nature of the appeal requires, including giving direction respecting transcripts. Information note If any document required to be included in the Appeal Record is not available at the time of preparation, it can be appended to the factum, the Extracts of Key Evidence, or the Book of Authorities: subrule 16.19(5).
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information note If any document required to be included in the Appeal Record is not available at the time of preparation, it can be appended to the factum, the Extracts of Key Evidence, or the Book of Authorities: subrule 16.19(5).
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
If any document required to be included in the Appeal Record is not available at the time of preparation, it can be appended to the factum, the Extracts of Key Evidence, or the Book of Authorities: subrule 16.19(5).
The Court of Appeal of Alberta Criminal Appeal Rules — 16.16
Factums in criminal appeals 16.16 (1) The appellant must file 5 copies of an appellant’s factum that meets the requirements of rule 16.17 [ Contents of factums ], rule 16.18 [ Format of factums ] and rule 16.37 [ Requirements for all documents ]. (2) The appellant’s factum must be filed and served as follows: (a) for a conviction appeal, before the earlier of (i) 2 months after the filing of the Appeal Record, and (ii) 6 months after the filing of the notice of appeal; (b) for an appeal of sentence only, before the earlier of (i) 2 months after the filing of the Appeal Record, and (ii) 4 months after the filing of the notice of appeal; (c) for the sentencing part of any appeal as to both conviction and sentence, no later than 3 months after the conviction appeal was dismissed, struck or abandoned. (3) If the appellant’s factum is not filed and served by the applicable deadline, and an extension is not obtained, (a) if the appellant is a self-represented appellant and is in custody, the Registrar may refer the appeal to a single appeal judge for directions, and (b) in all other cases, the appeal will be struck by the Registrar. (4) The respondent must file and serve 5 copies of a respondent’s factum that meets the requirements of rule 16.17 [ Contents of factums ], rule 16.18 [ Format of factums ] and rule 16.37 [ Requirements for all documents ], or a letter of intention not to file a factum (a) for any conviction appeal, no later than 2 months after service of the appellant’s factum. (b) for any sentence appeal, before the earlier of (i) 1 month after service of the appellant’s factum, and (ii) 10 days before the opening day of the sitting at which the appeal is to be heard. (5) A respondent that does not file a factum is not permitted to present oral argument unless the panel of the Court hearing the appeal orders otherwise.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.17
Contents of factums 16.17 (1) A factum must include the following: (a) a table of contents, including page numbers; (b) Part 1 – Facts: in the appellant’s factum, a statement of facts (including, if desired, a concise introductory statement of the legal issues raised), and in the respondent’s factum, its position on the facts as stated by the appellant, and any other facts considered relevant; (c) Part 2 – Grounds of Appeal: in the appellant’s factum, a concise statement of the grounds for appeal, and in the respondent’s factum, its position in regards to the stated grounds, and any other points that may properly be put in issue; (d) Part 3 – Standard of Review: a statement on the relevant standard of review; (e) Part 4 – Argument: a discussion addressing the questions of law or fact raised by the appeal; (f) Part 5 – Relief Sought: a statement of the relief sought; (g) the estimated time required for the oral argument, not exceeding 45 minutes for each separately represented party in the appeal; (h) Table of Authorities: a list of the legal authorities referred to in the factum, (i) listing separately each authority, and (ii) providing any neutral citation assigned to the authority by the court that decided it, and at least one print citation where available; (i) an Appendix containing extracts from any enactment or rule necessary for the disposition of the appeal, unless they are reproduced elsewhere in the materials to be filed. (2) A factum in a sentence appeal must include a Sentence Appeal Questionnaire in Form CRA-E immediately following the table of contents (a) in the appellant’s sentence factum, or (b) where the appellant is a self-represented appellant and that party’s factum does not include the Sentence Appeal Questionnaire, in the respondent’s sentence factum. (3) A case management officer may vary the format requirements of or dispense with the preparation of a factum. Information note Rule 16.37 [ Requirements for all documents ] contains format requirements for all documents. Rule 16.37(1)(f) permits attaching authorities and Extracts of Key Evidence to the factum if they are not bulky.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information note Rule 16.37 [ Requirements for all documents ] contains format requirements for all documents. Rule 16.37(1)(f) permits attaching authorities and Extracts of Key Evidence to the factum if they are not bulky.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Rule 16.37 [ Requirements for all documents ] contains format requirements for all documents. Rule 16.37(1)(f) permits attaching authorities and Extracts of Key Evidence to the factum if they are not bulky.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.18
Format of factums 16.18 (1) Factums must be (a) formatted using at least 12 point font, one-inch margins and at least 1.5 line spacing, except for quotations, and (b) be printed single-sided and bound together along the right hand edge of the page so that the printed text is to the left of the binding. (2) Parts 1 to 5 of a factum must not exceed 30 pages in length for each separately represented party or intervenor. (3) Factums must contain precise references to the location, page numbers and paragraph numbers or lines of the Appeal Record, Extracts of Key Evidence and authorities referred to. (4) Each factum must have cardstock covers, front and back, prepared as required by rule 16.37 [ Requirements for all documents ], in the following colours: (a) appellants – beige or ivory; (b) respondents – green; (c) intervenors – blue.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.20
Scheduling conviction appeals 16.20 (1) Subject to any enactment, no later than 20 days after the deadline for the filing of the last factum in any conviction appeal, (a) the parties must contact the Registrar to schedule the oral hearing, and (b) the Registrar must, after consulting with the parties, schedule the appeal at a suitable time on the Criminal Appeal Hearing List. (2) A case management officer may at any time place any conviction appeal on the Unscheduled Criminal Appeals List. (3) All the parties to each appeal on the Unscheduled Criminal Appeals List must appear at the time scheduled for the calling of the List, and (a) unless adjourned, appeals on the Unscheduled Criminal Appeals List will be scheduled for oral hearing and placed on the Criminal Appeal Hearing List, or (b) directions may be given for advancing the appeal. (4) If the appellant in an appeal referred to in subrule (3) does not appear at the time scheduled for the calling of the List, the appeal may be struck. Information Note Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date. The procedure for speaking to the Unscheduled Criminal Appeals List is set out in the Consolidated Practice Directions.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information Note Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date. The procedure for speaking to the Unscheduled Criminal Appeals List is set out in the Consolidated Practice Directions.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Section 672.72(3) of the Criminal Code provides that appeals from dispositions (after findings of not criminally responsible by reason of mental disorder) are to be expedited. Sections 51(1) and 57(5) of the Extradition Act require that appeals be heard at an early date.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
The procedure for speaking to the Unscheduled Criminal Appeals List is set out in the Consolidated Practice Directions.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.21
Unscheduled conviction appeals 16.21 If oral argument of a conviction appeal is not scheduled within 9 months of the filing of the notice of appeal, and no extension or direction has been received from a case management officer (a) if the appellant is represented by counsel, the appeal will be struck by the Registrar, and (b) if the appellant is a self-represented appellant, the Registrar will schedule the appeal for oral argument.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.22
Scheduling sentence appeals 16.22 (1) Subject to the direction of a case management officer, 20 days before the opening day of each scheduled sitting for sentence appeals the Registrar will set down at that sitting every sentence appeal where (a) the appeal record and appellant’s factum have been filed, (b) the appeal record has been filed in a sentence appeal started by a self-represented appellant, (c) the appeal record has not been ordered in a sentence appeal started by a self-represented appellant who is in custody, or (d) the net sentence is 6 months or less, the appellant is in custody, and judicial interim release has not been granted. (2) The Registrar must advise any self-represented party of the scheduled date of the sentence appeal. (3) Unless otherwise ordered, the sentence appeal must proceed in accordance with the deadlines in this Part, notwithstanding that an appeal of the conviction appeal decision or an application for leave to appeal the conviction appeal decision has been filed with the Supreme Court of Canada. Information Note Sentence appeals are heard every month in Edmonton and Calgary, except in July and August. Parties who wish to schedule matters (such as appeals of sentences of short duration) during the sittings in July should contact a case management officer for advice. A case management officer can defer oral argument on sentence appeals where a self-represented party is awaiting confirmation of Legal Aid coverage, where a selfrepresented party intends to file a factum, or where other circumstances make the default scheduling rules inappropriate.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information Note Sentence appeals are heard every month in Edmonton and Calgary, except in July and August. Parties who wish to schedule matters (such as appeals of sentences of short duration) during the sittings in July should contact a case management officer for advice. A case management officer can defer oral argument on sentence appeals where a self-represented party is awaiting confirmation of Legal Aid coverage, where a selfrepresented party intends to file a factum, or where other circumstances make the default scheduling rules inappropriate.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Sentence appeals are heard every month in Edmonton and Calgary, except in July and August. Parties who wish to schedule matters (such as appeals of sentences of short duration) during the sittings in July should contact a case management officer for advice.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
A case management officer can defer oral argument on sentence appeals where a self-represented party is awaiting confirmation of Legal Aid coverage, where a selfrepresented party intends to file a factum, or where other circumstances make the default scheduling rules inappropriate.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information Note All of the materials should be filed simultaneously, unless the application must be filed first to preserve a time limit. If in urgent matters the applicant wishes to abridge the time limits, a case management officer should be consulted for directions.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
All of the materials should be filed simultaneously, unless the application must be filed first to preserve a time limit. If in urgent matters the applicant wishes to abridge the time limits, a case management officer should be consulted for directions.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.24
Application for permission to appeal 16.24 (1) An application for permission to appeal must (a) be in Form CRA-C and comply with rule 16.23 [ Bringing applications ], (b) state the exact questions of law on which permission to appeal is requested, and (c) include the written or transcribed reasons of the Provincial Court of Alberta and the Court of Queen’s Bench of Alberta. (2) Subject to any enactment, no appeal lies from an order of a single appeal judge granting or denying permission to appeal. (3) An application for permission to appeal that has not been heard within 6 months from the date of the filing of the application is deemed to have been abandoned unless a case management officer otherwise directs.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.25
Judicial interim release 16.25 (1) An application for judicial interim release may not be brought until (a) a notice of appeal or an application for permission to appeal has been filed, and (b) the Appeal Record has been ordered, or counsel undertakes to order the Appeal Record within 10 days of the hearing of the application. (2) An application for judicial interim release in an appeal against sentence only is deemed to include an application for permission to appeal sentence. (3) Unless otherwise ordered, an application for judicial interim release pending appeal must be based on an affidavit of the applicant deposing to any facts relevant and material to the application, which must include: (a) particulars of the applicant’s criminal record and any pending criminal charges, including any pending criminal charges outside Canada, and (b) an undertaking to surrender into custody in accordance with the terms of any order granted. (4) Unless otherwise ordered, an order granting judicial interim release must be in form CRA-G. (5) An appellant who is granted judicial interim release must diligently prosecute the appeal, must comply strictly with all appeal deadlines, and must keep the Registrar informed of any changes of address or contact information. (6) If an appellant is granted judicial interim release and the appeal is struck or abandoned a warrant for arrest may issue without further order. Information Note The affidavit in support of judicial interim release should generally disclose the prior and proposed place of residence and employment of the applicant, and any other information likely to be pertinent to the application.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information Note The affidavit in support of judicial interim release should generally disclose the prior and proposed place of residence and employment of the applicant, and any other information likely to be pertinent to the application.
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
The affidavit in support of judicial interim release should generally disclose the prior and proposed place of residence and employment of the applicant, and any other information likely to be pertinent to the application.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.26
Application to admit new evidence 16.26 (1) An application to admit new evidence must be filed and served prior to the filing of, and prior to the deadline for filing, the applicant’s factum. (2) In addition to the documents required by subrule 16.23(2), the applicant must file (a) 5 copies of the proposed new evidence, and (b) 5 envelopes large enough to contain a copy of the new evidence, marked “New Evidence” and with the appeal number and style of cause.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.27
Application to reconsider a previous decision 16.27 An application to reconsider a previous decision of the Court must be filed and served and must be returnable prior to the filing of, and prior to the deadline for filing, the applicant’s factum.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.28
Application to restore 16.28 An application to restore an appeal that has been struck or an application for permission to appeal that has been deemed abandoned must be filed, served and granted within 6 months after having been struck or deemed abandoned.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.29
Summary determination of appeals 16.29 (1) The Registrar may refer to the Court for summary determination any appeal that (a) does not show a substantial ground of appeal, (b) appears to be frivolous or vexatious, or (c) can be determined without a full hearing. (2) The Registrar may refer to a single appeal judge for summary determination any appeal that does not show a substantial ground of appeal, or that should have been filed with another court.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.30
Presence at appeals 16.30 (1) Subject to subrule (2), an appellant or respondent in custody is entitled to be present at the hearing of the appeal. (2) An appellant who is in custody and who is represented by counsel is not entitled to be present on the hearing of any appeal on a question of law alone, or any application unless the right to be present is granted by an enactment, or a single appeal judge orders the appellant to be present. (3) A single appeal judge may order that an appellant or respondent who is entitled to be present at an application or appeal appear instead by means of a telecommunication device, closed-circuit television, or other suitable method of communication. Information Note Subject to the direction of a single appeal judge, the entitlement of an appellant who is in custody to be present at the hearing of the appeal is specified in section 688 of the Criminal Code .
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Information Note Subject to the direction of a single appeal judge, the entitlement of an appellant who is in custody to be present at the hearing of the appeal is specified in section 688 of the Criminal Code .
The Court of Appeal of Alberta Criminal Appeal Rules — The Court of Appeal of Alberta Criminal Appeal Rules
Subject to the direction of a single appeal judge, the entitlement of an appellant who is in custody to be present at the hearing of the appeal is specified in section 688 of the Criminal Code .
The Court of Appeal of Alberta Criminal Appeal Rules — 16.31
Duties of counsel 16.31 (1) Counsel who are retained to represent a party in a criminal appeal must forthwith advise the Registrar in writing of (a) counsel’s retainer or its termination, (b) any intention to abandon the appeal, and (c) any change in whether a party in custody is or is not to be present in court for any application or appeal. (2) A lawyer of record in a criminal appeal must apply to a single appeal judge, on notice to the client and the Attorney General, for permission to withdraw from the record unless a Notice of Change of Representation in Form CRA-H is filed by another lawyer. (3) A lawyer of record in a criminal appeal who is given permission to withdraw from the record shall within 10 days after permission was granted file with the Registrar and serve on the Attorney General a statement setting out an address for service or the last known address and contact information of the client.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.32
Abandonment of appeals 16.32 An appellant may abandon the appeal by filing and serving a Notice of Abandonment in Form CRA-I.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.33
Restoring criminal appeals 16.33 (1) An appeal that has been struck or an application for permission to appeal that has been deemed to have been abandoned may be restored with the filed written consent of the parties, or by order of a single appeal judge granted under rule 16.28 [ Application to restore ], but no fee is payable for restoring a criminal appeal. (2) An order or written consent restoring an appeal must set deadlines and directions for the filing of any outstanding materials, and if the appellant fails to comply with any of those deadlines or directions, the appeal is deemed to have been struck again.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.34
New trials 16.34 Unless otherwise ordered, where the Court orders a new trial (a) the presiding judge is deemed to have directed that the person charged is remanded to appear at the next sitting of the court appealed from that has jurisdiction in the case, and (b) if the person charged was on judicial interim release at the time of the judgment of the Court, the order for judicial interim release is deemed to be continued until the person charged reappears in the trial court.
The Court of Appeal of Alberta Criminal Appeal Rules — 16.35
Scope of sentence appeals 16.35 In any sentence appeal the Court on its own motion may treat the whole matter of sentence as open to variation, but if the Court intends to vary a sentence pursuant to this rule, notice and an opportunity to be heard must be provided to the parties.