Rule 91 — Criminal Appeal (SI/2009-3)

Regulations are current to 2014-10-27

Rule 91 — Criminal Appeal

SI/2009-3

CRIMINAL CODE

Registration 2009-01-21

Rule 91 — Criminal Appeal

The Nova Scotia Court of Appeal, pursuant to section 482Footnote a of the Criminal CodeFootnote b, hereby makes the annexed Rule 91 — Criminal Appeal.

Halifax, Nova Scotia, December 31, 2008

THE HONORABLE MICHAEL MACDONALD
Chief Justice of the Nova Scotia Court of Appeal

Definitions

  •  (1) In this Rule,

    “appeal”

    “appeal” means an appeal under Part XXI of the Code, section 839 of the Code, or legislation that incorporates provisions of the Code for procedure on an appeal and includes an application for leave to appeal and an appeal contingent on leave being granted; (appel)

    “appellant”

    “appellant” means a person who brings an appeal; (appelant)

    “Attorney General”

    “Attorney General” has the same meaning as in section 2 the Code, except it includes the Director of Public Prosecutions, Her Majesty the Queen as represented in an appeal, and counsel on behalf of the Attorney General, the Director of Public Prosecutions, or Her Majesty the Queen; (procureur général)

    “Chief Justice”

    “Chief Justice” means the Chief Justice of Nova Scotia; (juge en chef)

    “Code”

    “Code” means the Criminal Code; (Code)

    “Court of Appeal”

    “Court of Appeal” means the Nova Scotia Court of Appeal; (Cour d’appel)

    “judgment”

    “judgment” means a conviction, finding of guilt, acquittal, order staying a proceeding, sentence, verdict of unfit to stand trial, verdict of not criminally responsible on account of mental disorder, a decision or order of a summary conviction appeal court, and includes any other decision or order from which an appeal is available to the Court of Appeal; (jugement)

    “prisoner appeal”

    “prisoner appeal” means an appeal by a person who is in prison when the appeal is started and who is not represented by counsel, and the appeal ceases to be a prisoner appeal when the person is released or retains counsel; (appel d’un détenu)

    “prothonotary”

    “prothonotary” means a person appointed by the Minister of Justice of the Province of Nova Scotia as a prothonotary of the Supreme Court of Nova Scotia; (protonotaire)

    “registrar”

    “registrar” means the person appointed by the Minister of Justice of the Province of Nova Scotia as the registrar of the Nova Scotia Court of Appeal, and includes a deputy, assistant or associate registrar; (greffier)

    “sentence appeal”

    “sentence appeal” means an appeal in which the appellant only appeals a sentence. (appel de la peine)

  • (2) The interpretation and definition sections of the Code shall apply to this Rule.