APPLICATION OF RULES
2. (1) These Rules shall apply to appeals under Part XXI and under sections 784, 830 and 839 of the Code, and to any other appeal filed in the Court in relation to any cause or matter processed in accordance with criminal procedures, so far as the Rules are not inconsistent with any provision of the Code or any other statute or any uniform rules of court made by the Governor in Council under subsection 482(5) of the Code.
(2) The provisions of these Rules relating to prisoner appeals shall, subject to Rule 2(1) and with the necessary modifications, apply to an appeal by any person who, although not convicted, is detained in custody and appeals under section 672.72 of the Code.
NOTICE OF APPEAL
3. (1) The notice of appeal shall set out the grounds of appeal. In appeals by a convicted person not represented by counsel, the notice shall be in the manner set out in Form B. In all other appeals by a convicted person or by the Attorney General or an informant, the notice shall be in Form A.
(2) The senior official of every penal institution shall supply to any prisoner in custody, on request, forms of notice of appeal for the prisoner’s use.
(3) Except where Rules 3(4), (5) or (6) apply, a notice of appeal
(a) from conviction, or conviction and sentence, or sentence only, shall be filed not later than 30 days after the date of sentence; and
(b) from acquittal shall be filed not later than 30 days after the date of acquittal.
(4) Where a person is acquitted of an offence but is convicted instead of an included offence, a notice of appeal from the acquittal shall be filed not later than 30 days after the date of sentence imposed in respect of the included offence.
(5) Where an appeal is to be taken in respect of one or more counts in an indictment, a notice of appeal from conviction, acquittal or sentence shall be filed not later than 30 days after the acquittal or sentence, in respect of any count in the indictment.
(6) Where an appeal is to be taken under section 784 or 839 of the Code, a notice of appeal shall be filed not later than 30 days after the date of pronouncement of the decision in the court appealed from or, if the decision is reserved, after the date of the filing of written reasons for the decision.
FILING AND SERVICE OF THE NOTICE OF APPEAL
4. (1) In a prisoner appeal, filing of a notice of appeal shall be effected by delivering the notice of appeal to the senior official of the penal institution in which the appellant is imprisoned. The senior official shall endorse on the document the date of receipt and shall then return a copy so endorsed to the appellant and forthwith forward the original to the Registrar.
(2) In all cases where the Attorney General is not the appellant, other than in a prisoner appeal, filing of a notice of appeal shall be effected by
(a) filing the original and four copies of a notice of appeal with the Registrar; or
(b) mailing the documents to the Registrar by prepaid registered mail.
(3) The Registrar shall, on receipt of the notice of appeal under Rules 4(1) and (2), effect service by forwarding a copy to the Attorney General and to the court appealed from.
(4) In an appeal by the Attorney General, the notice of appeal shall be filed with the Registrar. Service by the Attorney General on the respondent or other parties shall be effected within 30 days after such filing by
(a) personal service on the respondent;
(b) service on the respondent’s legal counsel, if counsel accepts service on behalf of the respondent or if counsel already appears as counsel of record in the Court;
(c) service on the appropriate senior official of the penal institution if the respondent is in custody;
(d) verified facsimile transmission; or
(e) any other manner as may be directed by the Court.
(5) Proof of service of the notice of appeal, in appeals under Rule 4(4), shall be filed with the Registrar forthwith.
(6) A notice of cross-appeal shall be filed not later than 30 days after receipt by the cross-appellant of the notice of appeal and shall be served in accordance with this Rule.
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