GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 19
RULE 19 (1) A party may be self-represented in any appeal or application under these Rules or they may be represented for all or part of those proceedings by counsel. (2) Subject to subsection (3), counsel who, on behalf of a party, signs a document that is filed with the Registry is the party’s counsel of record until a change of counsel is made in accordance with this Rule. (3) Counsel who is representing a party only for part of a proceeding shall serve a notice, in the form set out in Schedule 7.1, on every other party and the Court Martial Administrator and file it with the Registry. (3.1) Counsel who is representing a party only for part of a proceeding is the party’s counsel of record only with respect to the subject matter that is within the mandate set out in the notice filed under subsection (3). (3.2) Counsel who is representing a party only for part of a proceeding ceases their limited-scope representation of the party when they serve a notice, in the form set out in Schedule 7.2, on the party, every other party and the Court Martial Administrator and file it with the Registry. (3.3) A party who is self-represented for all or part of a proceeding shall serve a notice, setting out the party’s address for service in Canada and a telephone number and an email address at which they can be contacted, on every other party and the Court Martial Administrator and file it with the Registry. (4) A party who is represented by counsel of the party’s own choice may, without leave, and by notice filed in the Registry, change that counsel. The notice must be signed by the new counsel and a copy served on the other party, the former counsel and the Court Martial Administrator. The notice is not effective until proof of that service has been filed in the Registry. (5) Where one counsel of record of a party is appointed by the Director of Defence Counsel Services, the party may apply for an order for leave to change that counsel, provided that notice of the application is given to the Director of Defence Counsel Services, the other party, the counsel of record and the Court Martial Administrator. The party shall serve the order on them and the order shall not take effect until proof of that service has been filed. (6) Counsel of record who ceases to represent a party may make an application for an order declaring that they are no longer the party’s counsel of record. Counsel shall give notice of the application to each party and, if counsel for any party was appointed by the Director of Defence Counsel Services, to the Director of Defence Counsel Services. (7) Counsel shall serve the order referred to in subsection (6) on each party, the Court Martial Administrator and, if applicable, the Director of Defence Counsel Services. (8) The order takes effect when counsel files with the Registry proof that the order has been served in accordance with subsection (7). SOR/92-152, s. 7; SOR/2001-91, s. 17 SOR/2022-253, s. 18
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 20
RULE 20 (1) A party who is not represented by counsel of record may apply to the Chief Justice for approval of the appointment by the Director of Defence Counsel Services of counsel to represent the party. (2) An application under subsection (1) shall be supported by the party’s affidavit deposing to (a) the pay, income, salary and allowances he was receiving (i) prior to the decision of the court martial or direction of the military judge that is the subject of the proceeding before the Court, and (ii) at the date of the application; (b) his means other than those set out pursuant to paragraph (a); (c) his current and probable future assets and liabilities; (d) his marital status and number of dependants, if any; (e) his eligibility to apply for legal aid administered under the laws of any Canadian jurisdiction and the disposition of any such application if made; and (f) any further facts upon which the appellant relies as justification for such approval. (3) An application under this Rule shall be made by filing the same with the supporting affidavit with the Registry and, upon such filing, the Registry shall make and serve a copy thereof on the Minister. (4) The Minister may, within 15 days after such service, file and serve a reply to an applicant stating whether or not the application made under this Rule is opposed and, if it is, the reasons for opposition. (5) The Chief Justice shall approve the appointment of counsel by the Director of Defence Counsel Services where, after considering the affidavit of the applicant and any reply of the Minister, the Chief Justice determines that the facts, including the financial circumstances of the applicant, justify the appointment. SOR/92-152, s. 8; SOR/2001-91, s. 19
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 21
RULE 21 (1) If a party other than the Minister is represented by counsel, the Court may direct that all or part of the counsel’s fees in relation to the appeal or application be paid, as assessed by an assessment officer in accordance with Tariff B of the Federal Courts Rules . (2) The Court may direct that all or part of the party’s costs in the Court in relation to the appeal or application be paid, as assessed by an assessment officer in accordance with Tariff A or B, as applicable, of the Federal Courts Rules . SOR/2001-91, s. 20 SOR/2022-253, s. 19
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 22
RULE 22 (1) An assessment under Rule 21 is subject to review if an application is made within 10 days after the day on which the assessment is made. (2) An application for review under this Rule shall be dealt with by a judge in the first instance, but either party may, within 10 days of the date the judge’s decision is communicated to him, apply for the review of that decision by the Court. SOR/2022-253, s. 20(E)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23
RULE 23 (1) Unless otherwise ordered by a judge and subject to subsections (2), (5) and (7), service of a document on any of the following persons shall be effected by personal service, registered mail or courier to their address for service or by fax or email: (a) an appellant or applicant; (b) a respondent; (c) the Attorney General of Canada or the attorney general of a province; and (d) the Court Martial Administrator, the Director of Defence Counsel Services or the Minister. (2) A party who is self-represented shall not be served with a document by fax or email. (3) Counsel who is representing a party only for part of a proceeding may be served only with documents that pertain to a subject matter that is within the counsel’s mandate set out in the notice filed under subsection 19(3). (4) Except as otherwise ordered by a judge, service of a document on a party’s counsel of record is effected by (a) leaving a copy of the document at the counsel’s business address or sending it by courier or registered mail to that address; or (b) transmitting a copy of the document to the counsel by fax or email. (5) A party in custody, not represented by counsel, may file and serve a document by delivering a copy of it to a superior officer or any other person by whom the party is held in custody. The person receiving the document shall make four copies of it and endorse the date of receipt on the original and each copy and shall retain one copy, return one copy to the person in custody and without delay serve the original and remaining copies on the Registry. On receipt of the document, the Registry shall file the original, send a copy to the Court Martial Administrator and the other copy to the counsel of record for the Minister, or, if there is no counsel of record, to the Minister. (6) When a party, in a Notice of Appeal or otherwise, who is not represented by counsel, gives notice of an address for service outside Canada, the Registry shall forthwith refer the matter to the Chief Justice for directions. (7) Where it appears that it is impractical for any reason to effect prompt service of any document on a party in the manner contemplated in subsection (1), the Chief Justice, on ex parte application or of his own motion, may make an order for substituted service or, where justice requires, dispensing with service and any such order shall specify when service is to be effective or the document deemed to have been served. (8) Service of a document shall be proven by (a) an affidavit of service in the form set out in Schedule 8; (b) an acknowledgement of service, endorsed on a copy of the document, that is signed and dated by the party, the party’s counsel or a person employed by the counsel; or (c) a certificate of service by the counsel who served the document, in the form set out in Schedule 9. (9) Service of a document in Quebec may also be proven by a certificate of a bailiff or other authorized person in accordance with Quebec’s Code of Civil Procedure . SOR/91-162, s. 2; SOR/92-152, s. 9; SOR/2001-91, s. 21 SOR/2022-253, s. 21
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23.01
RULE 23.01 (1) A document that is served by fax shall be printed on paper measuring 21.5 cm by 28 cm. (2) A document that is more than 40 pages in length shall not be served by fax without the recipient’s prior consent. (3) A document that is served by fax shall have a cover page that sets out the following information: (a) the name, address, telephone number and email address of the sender; (b) the name of the counsel being served; (c) the date and time of transmission; and (d) the total number of pages transmitted, including the cover page. (4) Despite subsection (3), the information referred to in paragraph (3)(b) is not required for a document that is being served on the Court Martial Administrator or the Director of Defence Counsel Services. SOR/2022-253, s. 22
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23.02
RULE 23.02 (1) A party shall not be served with documents by email unless they have given consent for service by email in accordance with subsection (3) or after they withdraw that consent in accordance with subsection (4). (2) The Court Martial Administrator and counsel appointed by either the Director of Military Prosecutions or the Director of Defence Counsel Services are deemed to have given consent to service by email. However, that consent may be withdrawn in accordance with subsection (4). (3) A party consents to the service of documents by email by filing with the Registry a notice of consent to service by email, in the form set out in Schedule 7.3. (4) A party withdraws their consent to service of documents by email by filing with the Registry a notice of withdrawal of consent to service by email, in the form set out in Schedule 7.4. (5) A notice referred to in subsection (3) or (4) is effective beginning on the day on which it is filed with the Registry. SOR/2022-253, s. 22
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23.03
RULE 23.03 (1) Unless otherwise ordered by the Court, a document that is served by email shall be formatted in PDF (Portable Document Format), or in any other format approved by the Court, such that the document can be searched electronically. (2) The email shall set out the following information: (a) the title of the document that is being served; (b) the name, address, telephone number and email address of the sender; (c) the name of the party being served and, if applicable, their counsel’s name; and (d) the number of attachments and, for each attachment, its total number of pages. SOR/2022-253, s. 22
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23.04
RULE 23.04 (1) Subject to subsection (2), service of a document is effected (a) if it is served by personal service, on the day on which the document is left with the person being served or their counsel; (b) if it is served within Canada by registered mail, on the fifth day after the day on which it is mailed; (c) if it is served outside of Canada by registered mail, on the seventh day after the day on which it is mailed; (d) if it is served within Canada by courier, on the second day after the day on which the document is provided to the courier; (e) if it is served outside Canada by courier, on the fourth day after the day on which the document is provided to the courier; (f) if it is served by fax, on the day of transmission that is indicated on the transmission confirmation receipt; and (g) if it is served by email, on the day on which it is sent. (2) Except for a document that is served by personal service, if a document is served on a holiday or after 5:00 p.m. local time at the recipient’s location, service of the document is effected on the next day that is not a holiday. SOR/2022-253, s. 22
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 23.1
RULE 23.1 (1) Subject to subsections (2) and (3), documents shall be filed, with the Registry’s principal office in Ottawa or with any other Registry office that is established by the Administrator, in person or by registered mail, courier, fax or electronic transmission. (2) The appeal book referred to in subsection 6(5) shall not be filed with the Registry by electronic transmission. (3) The following documents may not be filed by fax without the consent of the Administrator, which consent may be given where filing by fax is required in order to allow a case to proceed expeditiously: (a) the Record, appeal book, Memorandum of Fact and Law and Memorandum in Reply; and (b) any other document that is longer than 20 pages. (4) A document that is filed by fax shall include a cover page that sets out the following information: (a) the name, address, telephone number and email address of the sender; (b) the date and time of transmission; (c) the total number of pages transmitted, including the cover page; (d) the number of the fax to which documents may be sent; and (e) the name and telephone number of a person to contact in the event of a transmission problem. (4.1) A document that is filed by electronic transmission shall be formatted in PDF (Portable Document Format), or in any other format approved by the Court, such that the document can be searched electronically, and the document shall be accompanied by the following information: (a) the title of the document being filed; and (b) the name, address, telephone number and email address of the sender. (4.2) A party who files a document by electronic transmission shall (a) provide a paper copy of the document in person, by registered mail or by courier to the Registry within five days after the day on which the document is filed; and (b) if required by the Court, provide the Registry with the same number of paper copies of the document as would have been required had the document been filed in paper copy. (5) A document is not considered to have been filed until it is received by the Registry and dated by the Administrator. (5.1) Before dating a document under subsection (5), the Administrator shall verify whether the document is in the form required by these Rules. If the document is not in the required form, the Administrator shall, without delay, refer the document to a judge for directions. (6) All documents that are required to be served, other than the appeal book and the documents referred to in subsections 5(1) and 23(5), must be filed with proof of service in the form and within the times set out in these Rules. SOR/2001-91, s. 22 SOR/2022-253, s. 23 SOR/2022-253, s. 29(E)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 24
RULE 24 (1) Where any application is authorized to be made to the Court, the Chief Justice, or a judge of the Court, it shall be made by motion. (2) A motion shall be made by serving and filing a Notice of Motion in the form set out in Schedule 7 and shall be supported by an affidavit that sets out all the facts on which it is based that do not appear on the record. (3) A party may attach to the Notice of Motion written representations and a request that the motion be heard orally. (3.1) Any other party may serve on the other parties and file with the Registry a consent to the motion or, if the party opposes the motion, an affidavit and written representations in reply within 15 days after being served with a Notice of Motion. At the same time that the affidavit and written representations in reply are filed, the party may, in the reply or in a separate document, serve and file a request to have the motion heard orally. (4) Any person making an affidavit that has been filed by a party may be required, on application of another party, to appear before a judge or a registry officer designated by the Chief Justice, to be cross-examined thereon, and a transcript thereof may be filed with the Registry by the cross-examining party. SOR/2001-91, s. 23
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 25
RULE 25 (1) Subject to subsection (2), every application, other than an application referred to in subsection 12(1) or a petition referred to in subsection 13.1(1), shall be disposed of without the personal appearance of the parties on the basis of the written and signed consent of the parties or, if any, the affidavit and written representations that are referred to in subsection 24(2), (3) or (3.1). (2) If it is considered just in the circumstances, the Chief Justice on the Chief Justice’s own motion or on request made under subsection 24(3) or (3.1), may direct that the application be disposed of on the personal appearance of the parties. SOR/2001-91, s. 24 SOR/2022-253, s. 24(E)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 26
RULE 26 (1) The Chief Justice shall, by order, fix the time, date and place for the oral hearing of every motion to be so heard and shall designate the judge or judges to hear the same. (2) A party who desires to make representations in writing, without personal appearance, in respect of an application by another party which is to be heard orally, may do so by filing a copy thereof with the Registry and serving a copy on each other party not less than two days before the date fixed for the hearing of the motion.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 27
RULE 27 (1) Subject to subsection (2), a party who is in custody is entitled, if he desires, to be present at the hearing of his appeal. (2) A party who is in custody and who is represented by counsel is not entitled to be present (a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone, or (b) at any proceedings that are preliminary to or incidental to the appeal, unless the Chief Justice gives him leave to be present. (3) A party who is in custody and desires to be present at the hearing of the appeal, or at any proceedings preliminary or incidental thereto, shall make application for an order under subsection (4). (4) Where the party is entitled to be present at the hearing of the appeal, or is granted leave to be present at it or at any proceedings preliminary or incidental thereto, the Chief Justice may order that the party be brought before the Court from day to day as may be necessary. (5) An order made under subsection (4) shall (a) when the party is a service convict, service prisoner or service detainee, be addressed to a committing authority prescribed or appointed pursuant to subsection 219(1) of the Act and, on receipt of it, that committing authority shall cause the party to be temporarily removed from the place to which the party has been committed for such period as may be specified in the order, and brought before the Court; and (b) when the party is not a service convict, service prisoner or service detainee, be addressed to the person who has custody of the party and, on receipt thereof, that person shall deliver the party to any person who is named in the order to receive him, or bring him before the Court upon such terms and conditions as the Chief Justice may prescribe. (6) [Repealed, SOR/2001-91, s. 26] SOR/2001-91, s. 26
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 28
RULE 28 (1) The Chief Justice or the Court may (a) where the appellant is not ready to proceed with his appeal when called upon to do so, dismiss the appeal; (b) where the respondent is not ready to proceed with an appeal when called upon to do so, order the appellant to proceed ex parte ; (c) upon cause shown, postpone the hearing of the appeal to another time; (d) upon motion, or without motion on its own initiative, dismiss an appeal where the appellant has failed to observe, without dispensation, any requirement of the Act or these Rules; (e) extend or abridge any time limited by these Rules before or after the expiration of the time prescribed; and (f) make any order that justice requires. (2) Notwithstanding subsection (1), no order or judgment the effect of which is to dispose finally of an appeal, including an appeal under section 248.9 of the Act, shall be made, except by the Court. (3) When, in his opinion, there is a significant issue of law involved in the disposition of any matter which, by the Rules, is required to be disposed of by him, the Chief Justice may refer the matter to the Court for disposition or may state a case for its opinion. SOR/92-152, s. 10
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 29
RULE 29 On the hearing of an appeal no ground of appeal other than those set out in the Notice of Motion, the Notice of Appeal or in the Memorandum of Fact and Law may be argued, except by leave of the Court, and, save in exceptional cases, leave shall not be granted unless reasonable notice of the additional grounds has been given by the appellant to the respondent. SOR/92-152, s. 11; SOR/2001-91, s. 27(F)
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 30
RULE 30 On the hearing of an appeal, unless the Court otherwise directs, the arguments of the appellant shall be heard first and the appellant shall have the right to reply to the respondent’s arguments, if any.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 31
RULE 31 The presiding judge may adjourn any sitting or hearing from time to time and place to place.
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 32
RULE 32 (1) A party shall not present new evidence at the hearing of an appeal unless, before the order referred to in paragraph 4.1(1)(b) is made, (a) the party has made an application to the Court in accordance with Rule 24 for the Court’s consent and directions respecting the presentation of the new evidence; and (b) the party has received the Court’s consent and directions. (2) By leave of the Court or a judge, for special reason, a witness may be called to testify in relation to an issue of fact raised on an application. (3) A witness appearing at a hearing shall be required to give his evidence under oath or solemn affirmation in the form prescribed for use in the case of a court martial. SOR/92-152, s. 12; SOR/2001-91, s. 28 SOR/2022-253, s. 26
Rules of Appeal Practices and Procedures of the Court Martial Appeal Court of Canada — RULE 33
RULE 33 Any witness who gives evidence before the Court shall, unless the Court otherwise directs if it is considered just in the circumstances and subject to any statutory authorization for payment from time to time, be entitled to the witness’s expenses in accordance with the applicable tariff of the Federal Courts Rules . SOR/2001-91, s. 29 SOR/2022-253, s. 28