Certificate of Trial judge
8 Where a trial judge grants a certificate under section 675 of the Criminal Code (Canada) that the case is a proper case for appeal, the appellant shall file the certificate with the registrar, along with a notice of appeal, within the time limit set out in subrule 5(1).
Judge’s notes proof of Evidence
9 If evidence at a proceeding was not recorded in a manner that allows a transcript to be prepared, the presiding judge’s notes certified by him or her are prima facie proof of the evidence and conduct of the proceeding.
- SI/2003-136, s. 5
Certification of Transcript
10 Where a transcript of the evidence and, where applicable, the charge to the jury are certified by the court transcriber, the certificate is prima facie proof of the accuracy of the transcript.
- SI/2003-136, s. 5
11 (2) If the registrar accepts the letter of explanation, the registrar shall extend the time for the appellant to order the transcript and shall provide the appellant with written notice of the new deadline for ordering the transcript.
11 (3) If the letter of explanation is not satisfactory to the registrar, the appellant may, no later than 10 days after being notified by the registrar, apply to a judge in chambers for an extension of time to order the transcript.
11 (4) An appeal shall be deemed to be abandoned if
(a) the transcript is not ordered at the time the initiating document is filed and the time for ordering the transcript is not extended by the registrar or a judge; or
(b) the registrar or a judge extends the time for ordering the transcript but the transcript is not ordered within that extended time period.
11 (5) The charges that may be made under subsection 682(4) of the Criminal Code (Canada) to obtain the transcript are the same as those fixed with regard to civil cases in the Court of Queen’s Bench.
11 (6) The appellant shall pay for the transcript necessary for an appeal, except where the Crown, as respondent, agrees to assume responsibility for payment.
- SI/2003-136, s. 5
Notice of Application to Extend Time
12 A notice of application to extend the time for appealing or for applying for leave to appeal under section 678 of the Criminal Code (Canada) shall contain the same information as required under subrule 3(1), and shall be given, dealt with by the registrar and proceeded with in the same manner as a notice of application for leave to appeal.
Retention of Documents, Exhibits by Trial Court
13 Subject to rules 14 and 15, all documents, exhibits and other things connected with proceedings in a trial court shall be retained by the trial court for no less than 35 days after the disposition of the matter by acquittal, conviction and sentencing or otherwise, until a judge of the court in which the person was tried makes an order for their disposition.
Order re: Custody of Document, Exhibit
14 The presiding trial judge, or a trial judge of the court in which a person is tried, may, during or after the trial, make a special order as to the custody or conditional release of a document, exhibit or other thing produced at the trial as the circumstances or their nature make desirable and proper, including an order that narcotics under the Narcotic Control Act (Canada) or restricted or controlled drugs under the Food and Drugs Act (Canada) and regulations be released to the custody of police officers to be held by them pending a possible appeal.
Release of Document, Exhibit
15 The presiding trial judge, or a trial judge of the court in which a person was tried, may, after the trial, with the written consent, whether absolute or on terms, of counsel for the Crown and counsel for the accused, or the accused personally if he or she is unrepresented, release a document, exhibit or other thing produced at the trial to the person who produced it.
Further Order re: Restitution, etc.
16 Where an initiating document is filed, a trial judge who, after a conviction, made an order for restitution, reimbursement, satisfaction or compensation for loss or damage,
(a) shall make such further order as is appropriate to secure the safe custody of property or money referred to in any such order while the operation of the order is suspended under the Criminal Code (Canada) pending appeal; and
(b) may stay a prior order for restitution, reimbursement, satisfaction or compensation for loss or damage.
Delivery of Material by Trial Court
17 (1) On receiving a copy of an initiating document from the registrar under subrule 5(2) or 6(2), the trial court or summary conviction appeal court shall send to the registrar the court file together with all related documents, exhibits and other things that are in the control of the trial court or summary conviction appeal court.
17 (2) Anything that is delivered to the court under subrule (1) shall be held in safekeeping under the direction of the registrar pending proceedings in the court, but the registrar may continue to store exhibits in space designated for that purpose by the Court of Queen’s Bench or the Provincial Court.
Attorney General to Prepare Appeal book
18 (1.1) In cases involving an appeal of a sentence only, the Attorney General shall prepare and file the appeal book as soon as practicable after the initiating document is filed.
18 (2) Where practicable, the Attorney General shall prepare and file with the registrar an appeal book in cases where an application for leave to appeal is made.
18 (3) The Attorney General shall, immediately after filing an appeal book with the registrar,
18 (4) The Attorney General shall have access, for the purpose of preparing an appeal book, to the court file and all documents, exhibits and other things that are delivered to the registrar under subrule 17(1).
18 (5) An appeal book shall contain
(a) the initiating document;
(b) written exhibits relevant to the appeal;
(c) reasons for decision (whether or not contained in the transcript of evidence);
(d) pre-sentence reports and other exhibits on a sentencing hearing; and
(e) such other materials as may be necessary to enable the court to adjudicate the issues on appeal.
18 (6) Where the court proceeds with an appeal hearing on an expedited basis, the Attorney General shall, where practicable, prepare and file an appeal book before the appeal hearing.
18 (7) A party may file a supplementary appeal book containing materials relevant to the appeal that are omitted from the appeal book filed by the Attorney General.
- SI/2003-136, s. 6
Filing and Service of Factums on Sentence Appeal
19 Where the issue on appeal is sentence only, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,
(a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript of the sentencing hearing or, where a transcript is not required, the appeal book; and
(b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after being served with the appellant’s factum.
- SI/2003-136, s. 7
- SI/2010-40, s. 1
Filing and Service of Factums on Appeal re: Conviction, Acquittal
20 (1) Where the issue on appeal relates to conviction, conviction and sentence or acquittal, and where leave to appeal has been granted or an application for leave to appeal is to be considered at the same time as the notice of appeal,
(a) the appellant shall file with the registrar and serve on the respondent an appellant’s factum within 45 days after receipt by the registrar of the transcript at trial or, where a transcript is not required, the appeal book; and
(b) the respondent shall file with the registrar and serve on the appellant a respondent’s factum within 30 days after service on the respondent of the appellant’s factum.
20 (2) Where the court proceeds with an appeal hearing on an expedited basis the parties shall, where practicable, prepare and file their factums before the appeal hearing.
- SI/2003-136, s. 8
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