Marginal note:Application and scope
4. These rules apply to:
(a) any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of the court and instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal, in accordance with subsection 482(1) and section 482.1 of the Code; and
(b) any appeal from conviction, acquittal, sentence or other order made pursuant to summary conviction proceedings, within the jurisdiction of the court, taken pursuant to The Summary Offences Procedure Act, 1990.
Marginal note:Application of civil rules
5. Except where otherwise provided in the Code, a statute or these rules, The Court of Appeal Rules pertaining to the practice and procedure for civil matters, as amended from time to time, apply, where appropriate and with any necessary modification.
Marginal note:Practice directives
6. The court may issue practice directives on any matter to which these rules apply.
Marginal note:Relief against strict compliance
7. (1) Where it is in the interests of the proper administration of justice to do so, the court or a judge may waive compliance or relieve against non-compliance with these rules and direct the procedure to be followed.
(2) The court or a judge may enlarge or abridge the time periods fixed by these rules or by order on such terms as the case may require, and the order enlarging or abridging the time may be made before or after the fixed period has expired.
PART IIICOMMENCING AN APPEAL AND COUNSEL OF RECORD
Marginal note:Commencing an appeal
8. (1) An offender who wishes to appeal shall commence the appeal by filing a Notice of Appeal within 30 days after the date of the imposition of sentence.
(2) If the Attorney General wishes to appeal, the Attorney General shall commence the appeal by filing a Notice of Appeal within 30 days after the date of acquittal or the date of the imposition of sentence.
(3) For greater certainty, if an offender appeals from conviction, or conviction and sentence, including an appeal from a decision made pursuant to Part XXIV (Dangerous Offenders and Long-term Offenders) of the Code:
(a) the period within which the offender must commence the appeal begins to run from the date on which the sentence is imposed; and
(b) the offender shall file one Notice of Appeal only.
Marginal note:Form A: Where offender is appellant
9. (1) The Notice of Appeal in Form A is for all appeals commenced by or on behalf of an offender, whether represented or self-represented and whether in custody or not.
(2) The senior official of every penal institution shall, on request, supply to any inmate in that penal institution a copy of the Notice of Appeal in Form A for the inmate’s use.
(3) If an offender is self-represented when he or she submits a Notice of Appeal and subsequently retains counsel, the counsel may amend the Notice of Appeal or file a new Notice of Appeal at any time before the offender’s factum is filed by filing the amended Notice of Appeal or the new Notice of Appeal.
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