57 The appellant shall file the following documents:
(a) the motion for leave to appeal;
(b) the indictment;
(c) the sentence, including the reasons and the conclusion;
(d) the depositions from the sentencing hearing, if any;
(e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence; and
(f) the questionnaire on the form in Schedule 1, duly completed.
Marginal note:Respondent’s questionnaire
58 At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate.
59 (1) The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented. The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm.
(2) A judge may order that an argument be prepared when the issues raised by the appeal so warrant.
Marginal note:Computer format
60 In an appeal from sentence, the Judge or the Court may authorize that certain documents required to constitute the file be filed in a computer format rather than on paper when all of the parties to the appeal consent. The parties then produce the argument, the motion for leave to appeal on paper, as well as the indictment, the sentence, including the reasons and the conclusion, and those parts of the documents to which they refer specifically in their argument. The complete texts of the documents are then filed on a CD-ROM or any other computer format that at a minimum has a keyword search capacity and, when possible, hyperlink connections between the index, the proceedings, the exhibits and the depositions.
PART 8Facilitation Conference in Criminal Matters
61 Parties represented by counsel may request a facilitation conference in criminal matters. In doing so, they shall sign the form in Schedule 2. The conference requires the authorization of a Judge.
62 Only counsel shall participate in the conference unless the Judge, with the consent of the parties, has authorized another person to participate. The Judge shall facilitate the discussion and encourage dialogue. Those discussions shall not be recorded.
63 Counsel shall undertake in writing not to disclose the content of the discussions. If the conference does not lead to a solution and there is a hearing of the appeal, the judge who presided at the facilitation conference may not participate in the hearing of the appeal.
PART 9Case Management
Marginal note:Management conference
64 A judge may, ex officio or at the request of a party, preside at a management conference in criminal matters.
Marginal note:Orders and directions regarding case management
(2) A party may apply to the Chief Justice or to a Judge the Chief Justice designates to request directions in relation to an appeal.
(3) The Chief Justice or a Judge the Chief Justice designates may, in the interest of justice, make any order and take any measure to accelerate the appeal process.
Marginal note:Time limit for appellant
66 (1) Within 60 days after the notice prescribed in section 32, the appellant shall file seven copies of the appellant’s factum at the Office of the Court and serve two other copies of the factum on the respondent.
(2) If the appellant fails to file the factum within the prescribed time limit, the Court may, on motion, dismiss the appeal.
Marginal note:Time limit for respondent
67 (1) Within 60 days after the filing of the appellant’s factum, the respondent shall file seven copies of the respondent’s factum at the Office of the Court and serve two other copies of the factum on the appellant.
(2) Once the time limit for the filing of the respondent’s factum has passed, the appellant may request that the case be placed on the roll.
Marginal note:Content of factum
68 The factum shall comprise an argument and three schedules.
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.
DIVISION 2Issues in Dispute
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.
70.1 It shall include the judgment appealed from and, if applicable, the reasons for judgment. In matters of extraordinary remedies, or on appeal from a judgment of the Superior Court sitting in appeal, it shall also include the decision subject to the extraordinary remedy, or the judgment appealed to the Superior Court.
70.2 It shall include
(a) the notice of appeal and, if applicable, the judgment granting leave to appeal with the motion requesting it;
(b) the indictment; and
Marginal note:Joint statement of facts
(2) The parties may agree on a joint statement of the facts necessary to resolve the issues in dispute, rather than relying on the transcripts of the depositions and the exhibits. The joint statement shall be inserted at the beginning of the Schedule.
Marginal note:For the respondent
(3) The schedules to the respondent’s factum shall include only those elements that are necessary for the consideration of the issues in dispute and that were not included by the appellant.
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