Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

SI/2002-96

CRIMINAL CODE

Registration 2002-06-19

Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002)

The Supreme Court of Newfoundland and Labrador — Court of Appeal, pursuant to subsection 482(1) of the Criminal Code, hereby makes the annexed Supreme Court of Newfoundland and Labrador — Court of Appeal Criminal Appeal Rules (2002).

St. John’s, Newfoundland and Labrador, June 4, 2002

Honourable Clyde K. Wells
Chief Justice of Newfoundland and Labrador
Supreme Court of Newfoundland and Labrador —
Court of Appeal

The following Rules are made pursuant to subsection 482(1) of the Criminal Code of Canada.

Interpretation

  •  (1) In these Rules, unless the context otherwise requires:

    appeal

    appeal includes an application for leave to appeal and cross-appeal. (appel)

    appellant

    appellant means the person who is appealing from conviction or sentence, or both, and in an appeal by the Crown means Her Majesty the Queen represented by the Attorney General and includes an appellant by cross-appeal. (appelant)

    Attorney General

    Attorney General means the Attorney General as defined in section 2 of the Code and includes counsel instructed by him or her, and Her Majesty the Queen represented in an appeal by the Attorney General. (procureur général)

    Chief Justice

    Chief Justice means the Chief Justice of Newfoundland and Labrador or, in the absence of the Chief Justice of Newfoundland and Labrador, the next senior judge. (juge en chef)

    Code

    Code means the Criminal Code. (Code)

    Court

    Court means the Supreme Court of Newfoundland and Labrador — Court of Appeal or a judge or judges. (Cour)

    judge

    judge means a judge of the Court and includes a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador, whenever any such judge is sitting ex-officio, as a judge of the Court. (juge)

    judgment

    judgment means the formal disposition of an appeal by the Court and includes an order for judgment. (jugement)

    notice of appeal

    notice of appeal includes notice of application for leave to appeal and notice of cross-appeal. (avis d’appel)

    prisoner appeal

    prisoner appeal means an appeal by a person who at the time of the filing of the notice of appeal is in custody and not represented by counsel. (appel d’un détenu)

    provincial court judge

    provincial court judge includes the definition ascribed to that term by the Code. (juge de la cour provinciale)

    Registrar

    Registrar means the officer of the Court appointed as deputy registrar or a clerk of the Court discharging the functions of deputy registrar. (registraire)

    respondent

    respondent means Her Majesty the Queen represented by the Attorney General in the case of a person who appeals against conviction or sentence, and where an appeal is by Her Majesty the Queen represented by the Attorney General, means the person whose acquittal or sentence is appealed, or in whose favour a court has refused to exercise its jurisdiction or has issued an order to quash or stay an indictment. (intimé)

    time prescribed

    time prescribed means the time limited or appointed by these Rules or by a judgment or order. (délai prescrit)

    trial judge

    trial judge means the judge who presided at trial. (juge de première instance)

  • (2) The interpretation sections of the Code apply to these Rules.

Application of Rules

  •  (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

  •  (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

  •  (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.

Intervention

  •  (1) Any person, including an Attorney General, interested in an appeal between other parties may, by leave of the Court, intervene in the appeal on any terms and conditions that the Court determines.

  • (2) An application for intervention shall briefly

    • (a) describe the intervenor and the intervenor’s interest in the appeal;

    • (b) identify the position to be taken by the intervenor on the appeal; and

    • (c) set out the submissions to be advanced by the intervenor and their relevance to the appeal, and the reasons for believing that those submissions will be useful to the Court and different from those of the parties or other intervenors.

Leave to Appeal

  •  (1) Where leave to appeal is required, arguments respecting leave shall be presented at the hearing of the appeal unless

    • (a) the appellant or respondent applies, with appropriate supporting materials, for the issue of leave to be determined prior to the hearing of the appeal; or

    • (b) the Court of its own motion requires the parties to appear, with appropriate supporting materials, at a hearing to determine the issue of leave.

  • (2) On the hearing of an application, the Court may grant leave, refuse leave or postpone the decision until the hearing of the appeal.

 
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