Marginal note:Content of factum

68. The factum shall comprise an argument and three schedules.

Marginal note:Argument

69. The argument shall be divided into five parts.

Marginal note:Facts by the appellant

69.1 The appellant shall state the facts succinctly.

Marginal note:Position of the respondant

69.2 The respondent shall state its position with respect to the appellant’s statement of facts and, if necessary, state any other facts deemed relevant.

Marginal note:Issues in dispute

69.3 The appellant shall set forth the issues in dispute concisely. The respondent shall state its position concisely in regard to the issues the appellant raises and list any other points to be argued, including those that were not adopted or considered by the court of first instance.

Marginal note:Questions of law

69.4 The appellant who wishes to raise questions of law not stated in the notice of appeal shall state and clearly set forth those grounds in the factum.

Marginal note:Questions of law or mixed questions of fact and law

69.5 If the appellant wishes to raise questions of fact or mixed questions of fact and law not stated in the notice of appeal, the appellant shall first obtain leave from a Judge to that effect, unless the Judge refers the matter to the panel that will hear the appeal.

Marginal note:Arguments of the parties

69.6 The parties shall develop their arguments regarding the issues in dispute, with precise references to the Schedules.

Marginal note:Subparagraph 686(i)(b)(iii) of the Criminal Code

69.7 Where the respondent seeks the application of subparagraph 686(1)(b)(iii) of the Criminal Code, the respondent shall refer to that subparagraph and set forth the arguments of fact and of law in support of its application.

Marginal note:Conclusions of parties

69.8 The parties shall formulate the conclusions they seek in a precise manner.

Marginal note:List of authorities

69.9 The parties shall provide a list of authorities for the case law and doctrine cited, arranged in the order in which they are cited in the argument and indicating the paragraphs at which they are mentioned.

Marginal note:For the appellant

70. The factum of the appellant shall include three schedules.