Exhibits

  •  (1) Except where otherwise provided by the Code, all documents, exhibits and other things received in connection with a trial or proceeding that is appealable under these Rules shall be retained by the trial court, the Crown or the Registrar, as the case may be, for a period of 90 days after the expiration of the time limited for filing a notice of appeal. If an appeal is not commenced before that time and unless a judge or the trial judge otherwise orders, all such documents, exhibits or other things shall be returned to and received by the party who produced them at the trial or proceeding or who had custody and control of them at the trial or proceeding or to counsel.

  • (2) On receipt or filing of a notice of appeal, the Registrar or clerk of the trial court shall forthwith

    • (a) cause to be sent to the Registrar a list of all documents, exhibits and other things that were before the trial court; and

    • (b) advise any other person who has custody of those documents, exhibits and other things of the appeal.

    Thereafter the documents, exhibits and other things shall be retained in the custody of that person until the appeal is finally disposed of. On the final disposition of the appeal and subject to any order that may be made by a judge, the custodian of those items shall dispose of them in the manner provided in Rule 12(1).

  • (3) Notwithstanding the provisions of this Rule, the Court may at any time prior to the final disposition of the appeal request the custodian of the documents, exhibits and other things to forward all or any of them to the Court, and the custodian shall immediately comply with such request.

  • (4) Nothing in this Rule shall alter the results of application of the provisions of the Controlled Drugs and Substances Act or of any other federal or provincial enactment insofar as they relate to documents, exhibits or other things seized and to their forfeiture.

Appeal Book

  •  (1) Subject to Rule 13(3), the appellant shall prepare an appeal book which shall contain, where applicable, in the following order:

    • (a) an index;

    • (b) a copy of the notice of appeal and notice of cross-appeal;

    • (c) a copy of any order respecting conduct of the appeal;

    • (d) a copy of the information or indictment;

    • (e) a copy of any decision of the trial court that is the subject of the appeal or related to it, whether or not it is included in the transcript;

    • (f) a copy of any agreed statement of facts entered at the trial or agreed to under these Rules;

    • (g) any portions of the transcript as the appellant deems appropriate; and

    • (h) any other item that was before the trial court which the appellant deems necessary for the appeal.

  • (2) In the case of an appeal against sentence, in addition to the items mentioned in Rule 13(1), there shall be filed

    • (a) a completed Form G;

    • (b) a copy of any pre-sentence report and victim impact statement;

    • (c) a copy of any compensation, probation, or conditional sentence order or any other order which is the subject of the appeal;

    • (d) a copy of the criminal record of the offender if one is entered at the trial; and

    • (e) any medical or psychiatric reports filed at the time of sentence.

  • (3) Where the appellant is a convicted person not represented by counsel, the Attorney General shall, unless otherwise ordered by the Court, prepare the appeal book required under this Rule and shall forward a copy of the appeal book to the appellant free of charge.

  • (4) The respondent may file an appeal book.

  • (5) The Registrar may refuse to accept an appeal book that does not comply with these Rules or that is not legible.

  • (6) Unless the Court otherwise orders or on consent by the parties, exhibits shall be retained by the trial court, Crown or the Registrar as provided by Rule 12 and need not be reproduced in the appeal book. Counsel may prepare copies of key documents or extracts therefrom for the use of the Court.

Factums

Appellant’s Factum

  •  (1) An appellant shall prepare an appellant’s factum unless

    • (a) the appellant is not represented by counsel and has stated in the notice of appeal that he or she desires to present oral argument only;

    • (b) the appeal is against sentence only; or

    • (c) the Court orders otherwise.

  • (2) The appellant’s factum shall be signed by the appellant or the appellant’s counsel and shall consist of

    • (a) Part I, containing a concise summary of the facts relevant to the issues in the appeal, including identification of the court appealed from and the result in the court appealed from, with reference to the evidence by page and line,

    • (b) Part II, containing a concise statement setting out clearly and particularly the points in issue in the appeal,

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on,

    • (d) Part IV, containing a statement of the order that the Court will be asked to make,

    in paragraphs numbered consecutively throughout the factum; and

    • (e) Schedule A, containing a list of the authorities relied on with a reported citation if available and a court citation if not, and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues on appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority and relevant provision separately tabbed.

  • (3) Unless authorized by the Chief Justice, Part III, excluding the Schedules, shall not ordinarily exceed 40 pages in length.

Respondent’s Factum

  •  (1) Subject to Rules 15(4) and 17(2), each respondent shall prepare and file a respondent’s factum.

  • (2) The respondent’s factum shall be signed by the respondent or the respondent’s counsel and shall consist of

    • (a) Part I, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with reference to the evidence by page and line,

    • (b) Part II, containing the position of the respondent on the points in issue in the appeal,

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on,

    • (d) Part IV, containing a statement of the order that the Court will be asked to make,

    in paragraphs numbered consecutively throughout the factum; and

    • (e) Schedule A, containing a list of the authorities relied on with a reported citation if available and a court citation if not, and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues on appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority and relevant provision separately tabbed.

  • (3) Unless authorized by the Chief Justice, Part III, excluding the Schedules, shall not ordinarily exceed 40 pages in length.

  • (4) A respondent who is not represented by counsel need not comply with this Rule.

Form of Appeal Book and Factum

  •  (1) An appeal book shall be printed double-spaced on one side of letter size paper with the printed pages to the left and with each page numbered at the upper left corner. Printing includes reproduction of copies by typing, offsetting, mimeographing, photocopying or any other process. The cover of the appeal book shall be grey and each volume shall have marked on it its volume number and a reference to index page numbers contained in it.

  • (2) A factum shall be double-spaced on one side of the paper only with printed pages to the left. All pages shall be numbered consecutively. All paragraphs in a factum shall be numbered consecutively throughout the factum. The covers of an appellant’s factum shall be coloured buff or yellow, and the covers of the respondent’s factum, including the factum of a cross-appellant, shall be coloured blue.

 
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