Rule 63 — Summary Conviction Appeal (SI/2009-23)

Regulations are current to 2013-05-26 and last amended on 2009-02-27. Previous Versions

Date, place and notice of motion

  •  (1) The date for the motion in the notice of summary conviction appeal may not be more than twenty-five days after the day on which the notice is filed.

  • (2) The motion must be heard at the courthouse in which the notice is filed, unless the prothonotary or a judge permits the appellant to make the motion at another place or in another way provided for in Part 6 — Motions.

  • (3) Notice must be given to a respondent who is not the Crown in accordance with the provisions for giving notice of a proceeding to a party in Rule 31 — Notice.

  • (4) Notice must be given to the Crown by delivering a copy of the notice of summary conviction appeal to the office of the person who represented the Crown in the proceeding under appeal.

Respondent’s information

 A respondent who wishes to participate in an appeal must file a designation of address for delivery under Rule 31 — Notice, and provide to the prothonotary further information by which the respondent may be contacted, such as a telephone number, e-mail address, or fax number.

Date and directions for appeal

 A judge hearing a motion for directions and to set a time, date, and place for hearing an appeal may do any of the following:

  • (a) set the time, date, and place;

  • (b) designate the respondent’s address for delivery, if the respondent has failed to do so;

  • (c) set dates for filing the appeal book, the appellant’s brief, the respondent’s brief and any appellant’s reply brief;

  • (d) give other directions.

Dismissal for failure to file or deliver

 A judge may dismiss the appeal of an appellant who fails to file within a directed time, or to immediately deliver to the respondent, an appeal book, brief, or other directed document.

Conduct of appeal

 The appeal is conducted in accordance with section 822 of the Criminal Code.