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The Court of Appeal of Alberta Criminal Appeal Rules (SI/2018-34)

Regulations are current to 2019-12-03 and last amended on 2018-08-01. Previous Versions

The Court of Appeal of Alberta Criminal Appeal Rules

SI/2018-34

CRIMINAL CODE

Registration 2018-05-02

The Court of Appeal of Alberta Criminal Appeal Rules

RESOLUTION

Moved by Slatter JA, seconded by Watson JA:

  • 1) That the draft Alberta Court of Appeal Criminal Appeal Rules, circulated to the members of the Court and attached hereto (drafts 13TE and 13TF), be approved and adopted under s. 482 of the Criminal Code, RSC 1985, c. C-46.

I Catherine Fraser, Chief Justice of the Court of Appeal of Alberta, certify that the above is a true copy of a resolution adopted by the judges of the Court of Appeal, at a meeting of the Court duty called and constituted at Edmonton, Alberta, on April 16, 2018.

C.A. Fraser
Chief Justice

PART 16Criminal Appeal RulesThese Rules are made by the Court of Appeal pursuant to section 482 of the Criminal Code, and are included with the civil rules for convenience.

DIVISION 1Interpretation and Application

Marginal note:What this Part applies to

 This Part applies to all criminal appeals to the Court of Appeal of Alberta, including those arising from or under the appeal procedures set out in:

Marginal note:Definitions

  •  (1) Unless otherwise specified in this Part, and as the context requires, terms used in this Part have the same meaning as in the Criminal Code or the Provincial Offences Procedure Act (Alberta).

  • (2) In this Part:

    Attorney General

    Attorney General has the meaning set out in section 2 of the Criminal Code;

    civil rules

    civil rules means the Alberta Rules of Court (AR 124/2010);

    conviction appeal

    conviction appeal means an appeal from a conviction, acquittal or stay, or any decision that otherwise concludes criminal proceedings, other than a sentence appeal, including

    • (a) any decision described in section 672.72, subsection 675(3), and sections 676, 784 and 839 of the Criminal Code,

    • (b) an appeal from a costs order in a criminal matter,

    • (c) an appeal or review of a decision under the Extradition Act,

    • (d) an appeal from a decision that a person is unfit to stand trial or is not criminally responsible on account of mental disorder under Part XX.1 of the Criminal Code, and

    • (e) any appeal with respect to a finding that an offender is a dangerous offender or long-term offender;

    Court

    Court means the Court of Appeal of Alberta;

    criminal appeal

    criminal appeal means an appeal to which this Part applies;

    file

    file means to present the correct document and obtain an acknowledgement from the Registrar that the document is part of the Court record;

    permission to appeal

    permission to appeal means

    • (i) an application for leave to appeal,

    • (ii) an application for a certificate of sufficient importance justifying a further appeal, and

    • (iii) an application under section 680 of the Criminal Code for review of an interim release decision;

    Registrar

    Registrar means a person appointed as a Registrar of the Court under the Court of Appeal Act (Alberta) and includes a Deputy Registrar of the Court and any person designated by a Registrar or the Chief Justice of Alberta to act for a Registrar;

    self-represented appellant

    self-represented appellant means an appellant who is not represented by counsel; and

    sentence appeal

    sentence appeal means an appeal from a sentence, direction respecting parole, or other disposition following conviction, including the declarations, orders and dispositions listed in section 673, paragraph 675(1)(b) and paragraph 676(1)(d) of the Criminal Code, but not an appeal with respect to a finding that an offender is a dangerous offender or long-term offender.

  • (3) A reference in this Part to a form is a reference to the forms in the Schedule of Criminal Appeal Forms, varied to suit the case, or a form to the like effect.

Marginal note:Application of civil rules

  •  (1) Subject to this Part, to any enactment, and to any direction by a case management officer or a single appeal judge, if this Part does not deal with a matter, the provisions of Part 14 of the civil rules respecting standard civil appeals (including rule 14.2) apply to criminal appeals, subject to any modifications or exceptions required to make them appropriate for the administration of criminal justice.

  • (2) For greater certainty, the following provisions of the civil rules do not apply to criminal appeals:

    • (a) Part 5 [Disclosure of Information];

    • (b) Part 10, Division 2 [Recoverable Costs of Litigation];

    • (c) Part 14, Division 1, Subdivision 2 [Appeals as of Right];

    • (d) Part 14, Division 1, Subdivision 3 [Appeals with Permission];

    • (e) Part 14, Division 1, Subdivision 4 and rule 14.11 [Cross appeals];

    • (f) Part 14, Division 5, Subdivision 3 [Settlement Using Court Processes];

    • (g) Part 14, Division 5, Subdivision 4 [Judicial Dispute Resolution on Appeal]; and

    • (h) Part 14, Division 5, Subdivision 7 [Security for Costs].

DIVISION 2Starting an Appeal

Marginal note:Permission to appeal

  •  (1) Where an appellant requires permission to appeal because

    • (a) leave to appeal to the Court is required under the Criminal Code in a summary conviction matter,

    • (b) a direction is required under section 680 of the Criminal Code for review of an order respecting judicial interim release,

    • (c) a certificate of sufficient importance is required to appeal under the Provincial Offences Procedure Act, or

    • (d) the appeal is of an order respecting costs,

    the appellant shall bring an application for permission to appeal pursuant to rule 16.24 [Application for permission to appeal] and Form CRA-C.

  • (2) If permission to appeal is granted the appellant shall file a notice of appeal pursuant to rule 16.7 [How to start an appeal].

  • (3) In any case referred to in subsection (1), the application for permission to appeal must be brought within

    • (a) the time stated in any enactment for commencing the appeal, and

    • (b) if paragraph (a) does not apply, one month after the date of the decision.

  • (4) Where permission to appeal is required in a case not referred to in subsection (1), the appellant shall file a notice of appeal pursuant to rule 16.7 [How to start an appeal], and unless otherwise ordered the application for permission to appeal is deemed to be included in the notice of appeal, and will be heard at the same time as and by the panel hearing the appeal.

Marginal note:Date of decision

 In this Part, date of decision means the later of

  • (a) the date that the decision being appealed is made, and

  • (b) for a conviction appeal, where the sentencing occurs later than the conviction decision, the date that the sentencing decision is made.

Marginal note:Self-represented appellants

  •  (1) A self-represented appellant who is in custody may start an appeal by filing with a senior officer of the institution in which the appellant is in custody, within the time specified in rule 16.7 [How to start an appeal], 3 copies of a notice of appeal in Form CRA-A.

  • (2) The senior officer must endorse on the notice of appeal the date it was received, return a copy to the appellant, retain a copy, and forthwith forward a copy to the Registrar.

Marginal note:How to start an appeal

  •  (1) An appeal, other than an appeal by a selfrepresented appellant in custody referred to in rule 16.6, must be started by filing with the Registrar 3 copies of a notice of appeal

    • (a) using Form CRA-A for an appeal by a selfrepresented appellant, or

    • (b) using Form CRA-B for all other appeals.

  • (2) The notice of appeal must be filed within

    • (a) the time for starting an appeal stated in an enactment,

    • (b) if the appellant is granted permission to appeal, 10 days after permission to appeal is granted, or

    • (c) if paragraphs (a) and (b) do not apply, one month after the date of decision,

    and subject to rule 16.8 [Service of the notice of appeal] an additional filed copy must be served on the respondent within those time limits.

    Information note

    The deadline for appealing a disposition under section 672.72 of the Criminal Code is 15 days after receipt of a copy of the placement or disposition decision. The deadline for appealing under section 50 of the Extradition Act is 30 days from the decision.

    If convictions are entered, or sentences are imposed simultaneously by a trial judge in connection with both a summary conviction matter and an indictable matter, both matters may be appealed together to the Court of Appeal: Criminal Code, subsections 675(1.1) & 676(1.1).

 
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