Marginal note:Appeal on the transcript
672.73 (1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.
Marginal note:Additional evidence
(2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.
- 1991, c. 43, s. 4.
Marginal note:Notice of appeal to be given to court or Review Board
672.74 (1) The clerk of the court of appeal, on receiving notice of an appeal against a disposition or placement decision, shall notify the court or Review Board that made the disposition.
Marginal note:Transmission of records to court of appeal
(2) On receipt of notification under subsection (1), the court or Review Board shall transmit to the court of appeal, before the time that the appeal is to be heard or within any time that the court of appeal or a judge of that court may direct,
(a) a copy of the disposition or placement decision;
(b) all exhibits filed with the court or Review Board or a copy of them; and
(c) all other material in its possession respecting the hearing.
Marginal note:Record to be kept by court of appeal
(3) The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.
Marginal note:Appellant to provide transcript of evidence
(4) Unless it is contrary to an order of the court of appeal or any applicable rules of court, the appellant shall provide the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board by a stenographer or a sound recording apparatus, certified by the stenographer or in accordance with subsection 540(6), as the case may be.
(5) An appeal shall not be dismissed by the court of appeal by reason only that a person other than the appellant failed to comply with this section.
- 1991, c. 43, s. 4;
- 2005, c. 22, s. 42(F).
Marginal note:Automatic suspension of certain dispositions
672.75 The filing of a notice of appeal against a disposition made under paragraph 672.54(a) or section 672.58 suspends the application of the disposition pending the determination of the appeal.
- 1991, c. 43, s. 4.
Marginal note:Application respecting dispositions under appeal
672.76 (1) Any party who gives notice to each of the other parties, within the time and in the manner prescribed, may apply to a judge of the court of appeal for an order under this section respecting a disposition or placement decision that is under appeal.
Marginal note:Discretionary powers respecting suspension of dispositions
(2) On receipt of an application made pursuant to subsection (1) a judge of the court of appeal may, if satisfied that the mental condition of the accused justifies it,
(a) by order, direct that a disposition made under paragraph 672.54(a) or section 672.58 be carried out pending the determination of the appeal, notwithstanding section 672.75;
(b) by order, direct that the application of a placement decision or a disposition made under paragraph 672.54(b) or (c) be suspended pending the determination of the appeal;
(c) where the application of a disposition is suspended pursuant to section 672.75 or paragraph (b), make any other disposition in respect of the accused that is appropriate in the circumstances, other than a disposition under paragraph 672.54(a) or section 672.58, pending the determination of the appeal;
(d) where the application of a placement decision is suspended pursuant to an order made under paragraph (b), make any other placement decision that is appropriate in the circumstances, pending the determination of the appeal; and
(e) give any directions that the judge considers necessary for expediting the appeal.
Marginal note:Copy of order to parties
(3) A judge of the court of appeal who makes an order under this section shall send a copy of the order to each of the parties without delay.
- 1991, c. 43, s. 4.
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