Prince Edward Island – Criminal Appeal Rules of Court (SI/2011-109)

Regulations are current to 2017-09-27 and last amended on 2014-06-23. Previous Versions

Report of a Trial Judge

  •  (1) Where the Court requests that the trial judge furnish a report on the case or on any matter relating to the case, notice shall be given to the parties who shall have the opportunity to make submissions to the Court concerning

    • (a) whether the trial judge’s report is to be furnished; and

    • (b) if the report is to be furnished, the scope of the report to be requested.

  • (2) Where the Court directs that a report of the trial judge is to be furnished, the Registrar shall, on receipt of the report, mail copies to the parties to the appeal.

Appeals in Writing

  •  (1) Where an appellant desires to present their argument in writing without appearing in person or by counsel, they shall state their intention to do so in their notice of appeal and may

    • (a) include their points of argument in their notice of appeal, or

    • (b) file and serve an appellant’s factum within the time prescribed by subsection 82.14(1).

  • (2) Where a respondent desires to present their argument in writing instead of appearing in person or by counsel they shall, within the time prescribed by subsection 82.14(3), file and serve a respondent’s factum and a written notice that they do not intend to appear in person or by counsel.

Transcripts

  •  (1) Subject to subsections (2) to (15), the parties to an appeal shall file with the Court only those portions of the transcript of the proceedings in the court appealed from that are necessary to enable the issues raised on appeal to be determined.

  • (2) Except in the following cases, an appellant shall file with the notice of appeal a copy of the request for transcript and certificate in Form 82C requesting the preparation of a transcript of the record in the proceeding and containing certificates stating that the request has been sent to the other parties and to the court reporter’s office.

    • (a) a prisoner appeal,

    • (b) an appeal from a summary conviction appeal court, or

    • (c) a judge otherwise orders.

  • (3) The appellant shall, within 15 days after filing the notice of appeal, file with the Registrar a certificate of the Chief Court Reporter or a court reporter in Form 82E certifying receipt of the request for transcript.

  • (4) In a prisoner appeal, the Attorney General shall, after receiving a notice of appeal

    • (a) forthwith send to the Chief Court Reporter a request for transcript and certificate in Form 82C and a certificate of court reporter in Form 82E, with such modifications as may be necessary;

    • (b) file copies of the completed certificate with the Registrar; and

    • (c) forward copies to the prisoner.

  • (5) The transcript shall not include

    • (a) proceedings on the challenge for cause of a juror,

    • (b) the opening address of the trial judge,

    • (c) the opening and closing addresses of counsel,

    • (d) proceedings in the absence of the jury except

      • (i) rulings on the admissibility of evidence following a voir dire or otherwise,

      • (ii) submissions as to the proposed content of the charge and the trial judge’s ruling and reasons,

      • (iii) objections to the trial judge’s charge to the jury and the trial judge’s ruling and reasons,

      • (iv) submissions respecting questions from the jury and the trial judge’s ruling and reasons;

    • (e) objections to the admissibility of evidence other than a statement that an objection was made, however the trial judge’s ruling and reasons in respect of the objection shall be set out in full in the transcript unless

      • (i) the grounds of appeal relate to a matter referred to in the statement,

      • (ii) in respect of the items in paragraphs (a) to (e), the court or a judge orders that one or more of those parts of the proceedings be included, or

      • (iii) the appellant and respondent agree that one or more of those parts of the proceedings be included.

  • (6) In an appeal from a summary conviction appeal court, the transcript shall, unless otherwise ordered by the Court, consist of

    • (a) the transcript of proceedings in the trial court as it was submitted on appeal to the summary conviction appeal court, and

    • (b) only those portions of the transcript of proceedings in the summary conviction appeal court as may be necessary to enable the issues on appeal to be determined.

  • (7) The appellant shall file with the notice of appeal a request for transcript and certificate in Form 82C and, within 15 days thereafter, a certificate of the Chief Court Reporter or a court reporter in Form 82E, with such modifications as may be necessary, in relation to any portions of the proceedings in the summary conviction appeal court that the appellant believes are necessary to enable the issues on appeal to be determined.

  • (8) Unless the Court otherwise orders, where an appeal is against sentence only, the transcript shall include

    • (a) any evidence given on the issue of sentence,

    • (b) where there was a plea of guilty, the statement of facts,

    • (c) any submissions of counsel for the prosecution and the defence,

    • (d) any statement by the accused prior to the passing of sentence made under section 726 of the Code, and

    • (e) the trial judge’s reasons for sentence;

  • (9) Where a party to an appeal receives a copy of a request for transcript and certificate prepared by another party, the receiving party may, if the following conditions are met, deliver a request for further portions of transcript and certificate in Form 82D to the Chief Court Reporter or a court reporter and to the other parties to the appeal, file a copy of it with the Registrar, and within 15 days thereafter file with the Registrar a certificate of a court reporter in Form 82E, with such modifications as may be necessary, certifying receipt of the request for additional portions of the transcript :

    • (a) where he or she believes that further portions of the transcript of the proceedings are necessary to enable the issues on appeal to be determined, and

    • (b) within 15 days after receipt, or within such longer time as the Court may allow.

  • (10) A party to an appeal may at any time apply to the Court for an order

    • (a) excising portions of the transcript of the proceedings that have been requested or prepared and that are unnecessary or inappropriate for the determination of the issues on an appeal; and

    • (b) adding such further portions of the transcript of the proceedings as may be determined to be necessary for the determination of the issues on an appeal.

  • (11) The Court may at any time of its own motion order that the transcript of the proceedings be abridged or amplified.

  • (12) The parties to an appeal may agree, in writing to be filed in the Court,

    • (a) to substitute an agreed statement of facts in place of all or any portion of the transcript of the proceedings and the exhibits; and

    • (b) to submit a joint request for transcript in Form 82C and certificate of court reporter in Form 82E, with such modifications as may be required.

  • (13) A judge may order that a party need not file a transcript or may omit anything from a transcript.

  • (14) When the transcript of the proceedings has been prepared, the Chief Court Reporter, a court reporter or a court transcriber shall forthwith forward to the Registrar the original transcript and three copies, together with one copy in an electronic format satisfactory to the Registrar.

  • (15) The Registrar shall, on receipt of the original transcript and copies, notify the parties that the transcript has been received by the Court and deliver copies to the parties or their counsel upon payment of any prescribed fees. In a prisoner appeal, the Attorney General shall be responsible for the payment and delivery of the transcript to the appellant.

Exhibits

  •  (1) Subject to subsections (2) to (6), all documents, exhibits and things connected with a trial shall be retained by the trial judge or by the clerk of the trial court for ninety (90) days after sentence or acquittal, as the case may be.

  • (2) At any time after a trial, the trial judge or another judge may make such order as to the custody or conditional release of any document, exhibit or thing as the special circumstances of the case may require.

  • (3) Upon the filing of written consents by the accused or his or her counsel, and by the Attorney General or his or her counsel, the trial judge or the clerk of the trial court shall deliver any document, exhibit or thing in accordance with such consents.

  • (4) Upon receipt of a copy of a notice of appeal, the trial judge or the clerk of the trial court shall forward to the registrar all documents, exhibits and things connected with the proceedings at the trial, other than such as may already have been released pursuant to subsections (2) and (3).

  • (5) Upon the expiry of the period referred to in subsection (1) and if no appeal is filed or, when an appeal is abandoned, the registrar shall return the exhibits to the clerk of the trial court.

  • (6) Nothing in this rule affects the provisions of any Act relating to exhibits or things seized or forfeited.

 
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