GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.10
Appeal Book 63.10 (1) Subject to paragraph (3), the Appellant shall prepare an Appeal Book which shall contain, in the following order, and where applicable (a) an index, (b) a copy of the Notice of Appeal and Notice of Cross-Appeal, (c) a copy of any order granting leave to appeal, (d) a copy of any order respecting conduct of the appeal, (e) a copy of the information or indictment, (e.1) a copy of the decision appealed from, (e.2) where the appellant alleges error by the trial judge in charging the jury, a copy of the charge, (e.3) where the appeal relates to summary conviction proceedings and is from a decision of the appeal court, a copy of the decision of the trial judge and of the appeal court, (f) a copy of any other relevant decision or ruling of the trial judge that is not included in the transcript, (g) a copy of any Statement of Facts agreed to under Rule 63.07(5), (h) if the appeal is other than one against sentence only, a list of all exhibits, and (i) if the appeal is against sentence, a copy of any pre-sentence reports and a copy of the criminal record, if any, of the accused. (2) Where the appellant is a convicted person not represented by counsel the Attorney General shall prepare the Appeal Book required under paragraph (1) and shall forward a copy of the Appeal Book and transcript, if any, to the appellant free of charge. (3) The Registrar may refuse to accept an Appeal Book that does not comply with this subrule or that is not legible. (4) The parties to an appeal may agree in writing or a Judge may, on motion, order that any material mentioned in paragraph (1) be omitted from the Appeal Book. SI/86-57, s. 1
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.11
Appeal in Writing 63.11 (1) Where an appellant desires to present his argument in writing without appearing in person or by counsel he shall state his intention to do so in his Notice of Appeal and may (a) include his points of argument in his Notice of Appeal, or (b) file and serve an Appellant’s Submission within the time prescribed by Rule 63.13. (2) Where a respondent desires to present his argument in writing instead of appearing in person or by counsel he shall, within the time prescribed by Rule 63.17, file and serve a Respondent’s Submission and a written notice that he does not intend to appear in person or by counsel.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.12
Appellant’s Submission 63.12 (1) An appellant shall prepare an Appellant’s Submission unless (a) he is not represented by counsel and has stated in his Notice of Appeal that he desires to present oral argument only, (b) he has included his points of argument in his Notice of Appeal, or (c) it is ordered otherwise. (2) An Appellant’s Submission shall state who is appealing, the court appealed from and the result in the court appealed from, and shall consist of 4 Parts and 2 Schedules as follows: Part I A concise statement of all relevant facts with references to the evidence as may be necessary; Part II A concise statement setting out clearly and particularly in what respect the trial decision is alleged to be wrong; Part III A concise statement of the argument, law and authorities relied upon; Part IV A concise statement of the order sought from the Court of Appeal; Schedule A A list of authorities in the order referred to in the Submission; and Schedule B The text of all relevant provisions of Acts and Regulations (or copies of the complete Act or Regulation may be filed and served with the Submission). (3) The appellant shall number the paragraphs in the Appellant’s Submission. (4) Unless otherwise ordered by the Chief Justice, an Appellant’s Submission, exclusive of Schedules A and B, shall not exceed 35 pages. SI/86-57, s. 1
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.13
Perfecting Appeals 63.13 (1) Subject to paragraph (2), within 15 days after being notified that the evidence has been transcribed, or if no evidence is to be transcribed, within 30 days of the issue of the Notice of Appeal, an appellant shall serve on each party or send by prepaid mail or prepaid courier to a solicitor of record for each party (a) a copy of the Appeal Book, and (b) a copy of the Appellant’s Submission, if one is required, and file with the Registrar (c) if the Notice of Appeal was served under Rule 63.05(6), the original Notice of Appeal with proof of service, (d) 5 copies of the Appeal Book, (e) 5 copies of the Appellant’s Submission, if one is required, and (f) a certificate that the document referred to in clause (a) and, where applicable, the document referred to in clause (b), have been served on each party or have been sent by prepaid mail or prepaid courier to the solicitor of record for each party. (2) Where the appellant is a convicted person not represented by counsel, within the time prescribed by paragraph (1) (a) the Attorney General shall file with the Registrar 5 copies of the Appeal Book, (b) the appellant shall file with the Registrar 6 copies of the Appellant’s Submission, if one is required, and (c) the Registrar shall forward to the respondent a copy of the Appellant’s Submission, if any. (3) When paragraph (1) or (2) is complied with, the appeal is perfected and the Registrar shall forthwith notify the parties to the appeal of the date when it was perfected and the month in which it is eligible to be heard. (4) A perfected cross-appeal may, with leave of a Judge, be placed on a List of Cases to be heard notwithstanding that the appeal itself has not been perfected. SI/94-41, s. 8
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.14
List of Cases 63.14 (1) The Registrar shall prepare a list of Cases for each regular sitting of the Court of Appeal showing the date of the hearing of each case, in accordance with the instructions of the Chief Justice, and shall forward a copy to all parties to appeals scheduled for that sitting. (2) Unless ordered otherwise, a perfected appeal (a) shall not be placed on the List of Cases to be heard in the month when the appeal is perfected or in the next month, and (b) subject to the directions of the Chief Justice, shall be placed on the List of Cases to be heard in the earliest month thereafter in which the Court of Appeal holds a regular sitting.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.15
Early Hearing of Appeals 63.15 On motion by any party to an appeal, with or without notice, the Court of Appeal or the Chief Justice may, in special circumstances, order an early hearing of the appeal and may give any necessary directions.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.16
Respondent’s Submission 63.16 (1) Subject to paragraph (5), each respondent shall prepare a Respondent’s Submission. (2) A Respondent’s Submission shall consist of 4 Parts and 2 Schedules as follows: Part I A statement of the facts in Part I of the Appellant’s Submission which the respondent accepts as correct, and those with which he disagrees, and a concise statement of any additional facts relied upon with references to the evidence as may be necessary; Part II The position of the respondent with respect to each issue raised by the appellant followed by a concise statement of argument, law and authorities relied upon; Part III Any additional issues raised by the respondent, each issue being followed by a concise statement of argument, law and authorities relied upon; Part IV A concise statement of the order sought from the court; Schedule A List of authorities in the order referred to in the submission; and Schedule B The text of all relevant provisions of Acts and Regulations (or copies of the complete Act or Regulation may be filed and served with the Submission). (3) Where a respondent has given notice of cross-appeal (a) his submission respecting the cross-appeal shall be included in the Respondent’s Submission, and (b) the appellant may deliver a Further Submission respecting the cross-appeal within 5 days from the receipt of the Respondent’s Submission. (4) A respondent shall number the paragraphs in the Respondent’s Submission. (4.1) Unless otherwise ordered by the Chief Justice, a Respondent’s Submission, exclusive of Schedules A and B, shall not exceed 35 pages. (5) A respondent who is not represented by counsel need not comply with this subrule or with Rule 63.17. SI/86-57, s. 1; SI/94-41, s. 9(F)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.17
Filing and Service of Respondent’s Submission 63.17 A respondent shall, not later than the 20th day of the month preceding the month in which the appeal is eligible to be heard (a) file 5 copies of the Respondent’s Submission with the Registrar, and (b) serve a copy of the Respondent’s Submission on the appellant. SI/86-57, s. 1; SI/86-200, s. 1(F)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.18
Format of Appeal Book and Submissions 63.18 (1) The Appeal Book and each Submission shall be produced legibly on one side of good quality white letter-size paper with margins of approximately 4 centimetres and bound with the printed pages to the left and numbered. The characters used shall be at least 12 point or 10 pitch size. The lines shall be at least one and one-half lines apart, except for quotations from authorities which shall be indented and single-spaced. (2) The front cover of the Appeal Book and of each Submission shall (a) be entitled in the Court of Appeal and in the proceeding, (b) indicate in block letters, the status of the parties in the court, with the appellant appearing first in all cases, (c) state whether it is an Appeal Book, an Appellant’s Submission, a Respondent’s Submission or a Further Submission, and (d) with respect to counsel for the parties, list their names, addresses for service, business telephone numbers and, if any, telephone numbers to which documents may be transmitted to produce facsimiles of the documents. (3) The covers of an Appeal Book shall be grey, those of the Appellant’s Submission buff, those of the Respondent’s Submission dark green, and those of a Further Submission red. (4) Unless ordered otherwise by a Judge, the Registrar may refuse to receive a document which does not comply with this rule. SI/99-103, s. 1
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.19
Merits Argued on Application for Leave 63.19 Where the merits of an appeal are fully argued on the hearing of an application to the Court of Appeal for leave to appeal and leave to appeal is granted, the Court of Appeal may decide the appeal without further argument.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.20
Directions on Appeal 63.20 (1) A Judge may, on motion by a party to an appeal (a) give directions respecting the form and contents of the Appeal Book, (b) give directions respecting the preparation or reproduction of evidence, and (c) vary the requirements of this rule to avoid undue expense or delay or for any other reason. (2) The Court of Appeal or a Judge may direct a trial court to send to the Registrar any transcript, exhibit or other document for use on the appeal.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.21
Abandonment of Appeal 63.21 (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 (Form 63E), 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 counsel, but if it is signed by the appellant his 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 to the Registrar for a formal order dismissing the appeal. (4) Notwithstanding paragraph (3), a Judge may at any time, on notice of motion, grant leave to an appellant to withdraw a Notice of Abandonment if it is in the interest of justice to do so. (5) This subrule applies to a cross-appeal.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.22
Failure to Comply with Rule 63.22 (1) Where a party to an appeal or his counsel is at fault in failing to comply with this rule, the Court of Appeal on motion of any other party to the appeal or on the application of the Registrar, may (a) if the party failing to comply is the appellant (i) dismiss the appeal, or (ii) direct the appellant to perfect the appeal within a specified time, (b) fix a date for hearing of the appeal, or (c) make such other order as may be just. (2) If an appeal is not perfected within 4 months of the date of the trial decision, the Registrar may give to the parties a Notice of Motion returnable before the Court of Appeal or a Judge for an order dismissing the appeal for non-compliance with the rules.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.23
Failure to Appear at Hearing of Appeal 63.23 (1) If an appellant who has not stated in his Notice of Appeal his intention not to appear personally or by counsel fails to appear at the hearing of the appeal, the Court of Appeal may adjourn the hearing, dismiss the appeal or may hear it in the appellant’s absence. (2) Where a respondent fails to appear at the hearing of the appeal, the court may adjourn the hearing or hear the appeal in the respondent’s absence.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.24
Decision of Court 63.24 (1) The Registrar shall send copies of written orders or decisions of the Court of Appeal, without charge, to (a) the parties of their counsel, (b) the trial judge, and (c) other persons as authorized by the Chief Justice. (2) Where an order or decision of the Court of Appeal is given orally and is not reduced to writing, the Registrar shall notify, in writing (a) the parties of their counsel, and (b) the trial judge, of the result of the appeal. (3) When an order or decision of the Court of Appeal has been given, the Registrar, on request of any party to the appeal, shall settle, sign and enter a formal judgment bearing the date on which the order or decision was given and shall send a copy of the judgment to each party. (4) Where an appeal has been dismissed by the Court of Appeal and a Judge has expressed an opinion dissenting from the decision of the Court of Appeal, the Registrar shall, in settling the formal judgment, comply with section 677 of the Criminal Code . SI/94-41, s. 10
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.25
Release from Custody Pending Appeal 63.25 (1) Where an appellant seeks to appeal against sentence only and also seeks his release from custody pending the hearing of the appeal, a Judge shall first hear and determine the application for leave to appeal the sentence. (2) Upon an application to a Judge for release from custody pending appeal pursuant to section 679 of the Criminal Code the appellant shall file an affidavit setting forth (a) the offence of which he was convicted, (b) any grounds of appeal not specified in his notice of appeal, (c) his age and marital status, (d) his places of residence in the 3 years preceding his conviction, and where he proposes to reside if released, (e) his employment prior to conviction, and whether he expects to be employed if released, and where, (f) his criminal record, if any, (g) where the appeal is as to sentence only, what unnecessary hardship would be caused if he were detained in custody, and (h) the particulars of any undertaking or recognizance proposed by him. (3) Where the prosecutor contends that the detention of the appellant is necessary in the public interest, he shall file an affidavit setting out the facts upon which he relies. (4) The appellant and the prosecutor may cross-examine upon affidavits filed by each other. (5) A Judge may dispense with the filing of the affidavits referred to in paragraphs (2) and (3) and act upon an agreed Statement of Facts. SI/94-41, s. 11
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.26
Extension or Abridgement of Time 63.26 (1) Subject to paragraph (2), an application to a Judge for an order to extend or abridge a time prescribed by this rule shall be made by Notice of Motion. (2) A convicted person not represented by counsel may apply for an extension of time in his Notice of Appeal (Form 63C). (3) Where an application for an extension of time is made under paragraph (2), a Judge may, on such notice to the Attorney General as the Judge directs, determine the application and either grant or refuse the extension. (4) The Registrar shall notify the appellant and the Attorney General in writing of a decision under paragraph (3).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.27
Penal Institutions 63.27 (1) The Registrar shall supply the director or person in charge of each penal institution in New Brunswick, with sufficient copies of this rule and Form 63C for the use of prisoners. (2) The director or person in charge of a penal institution shall, on request, supply to any prisoner a copy of this rule and copies of Form 63C. (3) The director or person in charge of a penal institution shall forthwith cause to be delivered to a prisoner any document addressed to the prisoner by the Attorney General or the Registrar.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 63.28
Matters Not Provided For 63.28 Any matter of procedure or practice not provided for by the Criminal Code or this rule shall be governed by the Rules of Court in force from time to time regulating appeals.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  1
1 Appellant: Attorney General of New Brunswick (or of Canada)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  5
5 Name of Court: (Court of Queen’s Bench or Provincial Court)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  7
7 Charge: ( here set out the indictable offence in the words of the indictment or information including reference to the statute creating the offence )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  9
9 ( If applicable ) The sentence imposed ( here set out particulars of sentence )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 10
10 The lawyers at trial: (a) For the Crown (b) For the accused
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 11
11 The appellant appeals against the judgment (or verdict) of acquittal on grounds involving a question of law alone (or applies for leave to appeal against the sentence passed and, if leave is granted, appeals against the sentence).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 12
12 The appellant will ask this court to set aside the judgment (or verdict) and order a new trial (or set aside the verdict and enter a verdict of guilty or vary the sentence).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 13
13 Grounds of appeal ( set out grounds )
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 15
15 ( If applicable ) The respondent is a young person as defined in the Young Offenders Act (Canada).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — TO:
TO: The Registrar of the Court of Appeal
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  3
3 Name of Court: (Court of Queen’s Bench or Provincial Court)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  5
5 The appellant was charged that he did ( here set out the indictable offence in the words of the indictment or information including reference to the statute creating the offence ).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  8
8 The lawyers at trial: (a) For the Crown (b) For the accused
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  9
9 The appellant appeals against his conviction on grounds of appeal that involve a question of law alone (or applies for leave to appeal against his conviction on grounds of appeal that involve a question of fact or a question of mixed law and fact and, if leave is granted, appeals against his conviction or applies for leave to appeal against the sentence and, if leave is granted, appeals against the sentence).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 10
10 The appellant will ask this court to allow the appeal, quash the conviction and direct a judgment (or verdict) of acquittal to be entered (or allow the appeal, quash the conviction and order a new trial or allow the appeal and vary the sentence).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 12
12 The appellant’s address for service is
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 13
13 ( If applicable ) The appellant is a young person as defined in the Young Offenders Act (Canada).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal —  5
5 Offence(s) of which convicted (see note 2)
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 10
10 Name and address of place where appellant is in custody, or if not in custody, the appellant’s address:
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 11
11 Name of defence counsel ( if applicable ) at the trial:
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — 12
12 ( If applicable ) The appellant is a young person as defined in the Young Offenders Act (Canada), has applied for legal aid at ( location of legal aid office ) and has been refused a legal aid certificate ( or as may be ).
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
I, the above name appellant, hereby give you notice that I wish to appeal and if it is necessary for me to do so, apply for leave to appeal against my (see note 3) on the grounds hereinafter set forth.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — (a)
I wish to present my case and argument (check one) (a) in writing and in person (b) in writing only (c) in person
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
If entitled, I wish to have (or do not wish to have) trial by judge and jury.
New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal — New Brunswick Criminal Appeal Rule 63 with Respect to Criminal Appeals to the Court of Appeal
( These grounds must be filled in before the notice is sent to the Registrar. The appellant must here set out the grounds or reasons why the conviction should be quashed or the sentence reduced. This may be done on attached sheets. )